
GCwaitforever
05-01 02:21 PM
We pay tons of fees to USCIS and wait for more than six years for GC and yet some shitty senator who does not know anything about immigration comes and rattles on stage.
The hearing should have started with the Ombudsman reports as a basis. Then the hearing should have asked USCIS for solid data like -
How many applicants from year 2001-2007 are pending? In what year, category, country? (to show the trends of backlogs)
How much percentage of applications were processed on annual basis compared to the limit? What is the inflow and the outflow?
What are the customer satisfaction levels for USCIS?
The hearing should have started with the Ombudsman reports as a basis. Then the hearing should have asked USCIS for solid data like -
How many applicants from year 2001-2007 are pending? In what year, category, country? (to show the trends of backlogs)
How much percentage of applications were processed on annual basis compared to the limit? What is the inflow and the outflow?
What are the customer satisfaction levels for USCIS?
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addsf345
11-19 01:26 PM
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.

QuestGC
01-06 01:19 PM
Here is one more on NPR.org
http://www.npr.org/templates/story/story.php?storyId=9910492
http://www.cggc.duke.edu/pdfs/051606_Testimony_of_Vivek_Wadhwa.pdf
The key is "Cost" That is what is driving to India and nothing else... according to Vivek Wadhwa :)
That also is towards fag end in my view because of weak dollar and macro economic conditions...
For gods sake, lets not put any country/individual down, but take everything with a pinch of salt.
Each one is capable of getting the job done for which one is born provided he/she works to his potential.
http://www.npr.org/templates/story/story.php?storyId=9910492
http://www.cggc.duke.edu/pdfs/051606_Testimony_of_Vivek_Wadhwa.pdf
The key is "Cost" That is what is driving to India and nothing else... according to Vivek Wadhwa :)
That also is towards fag end in my view because of weak dollar and macro economic conditions...
For gods sake, lets not put any country/individual down, but take everything with a pinch of salt.
Each one is capable of getting the job done for which one is born provided he/she works to his potential.
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kalinga_sena
04-30 02:54 PM
heavy traffic!!!
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GreenCard4US
08-13 07:10 PM
Mr. Ron Gotcher believes that it means "Mexico F2A and [Mexico] employment third preference cut off dates.� Had they meant Worldwide, they would have said so explicitly".
Relax guys.:)
Relax guys.:)

IN2US
07-06 03:26 PM
you mean 60k
I meant janitors approving 485 applications
I meant janitors approving 485 applications
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NH123
12-10 09:39 PM
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don�t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
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bp333
03-04 11:11 AM
Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
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rashbhat
08-12 10:05 AM
Just thought let me update my case here.
I filed my 485 on July 2nd @ NSC and my checks got cleared yesterday (8/11/07). So as per murthy's coment I tried looking @ back of the checks to get my LIN #'s and I was able to trace it in the USCIS web site and it shows "Application received and the Receipt notice mailed".
So I feel like they are aggressively working on the applications which are filed on July 2nd and hopefully everyone will get their Receipt notice by end of this week.
Hope this will help many people and give a good hopes.
Thanks
I filed my 485 on July 2nd @ NSC and my checks got cleared yesterday (8/11/07). So as per murthy's coment I tried looking @ back of the checks to get my LIN #'s and I was able to trace it in the USCIS web site and it shows "Application received and the Receipt notice mailed".
So I feel like they are aggressively working on the applications which are filed on July 2nd and hopefully everyone will get their Receipt notice by end of this week.
Hope this will help many people and give a good hopes.
Thanks
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needhelp!
03-12 03:25 PM
I totally agree to this. Everytime i try to bring this point across all that is being asked is go contribue some money. I have contributed money before and i will contribute lot more if i know what it is getting used for.
There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.
There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.
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Totoro
05-02 10:09 AM
Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?
I agree.
Many of the military families affected only earn $25,000. I find it repugnant when
someone shows how little he cares about his fellow human beings.
I agree.
Many of the military families affected only earn $25,000. I find it repugnant when
someone shows how little he cares about his fellow human beings.
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newbie2020
05-02 02:45 PM
I don't see Visas Recapture bill going any where.
It seems USCIS wants to potray that they are doing great job by doing various Process improvements. USCIS indirectly wants to say that eventually USCIS process will be improved to the extent that there will be no Visas wasted.
I think this was the most straight forward and simple bill. Other bills like removing the country limit are more challenging.So I don't see anything happening from immigration point unless democrats take over both senate and House in late 2008.
Hope for any legislative changes only in 2009 and beyond and not in 2008.
It really appeared to me that by the way lofgren asked the questions, and her comments (So recapturing is first step, She mentions "i will let the co-author know that you like the bill to uscis/state dept officials" etc. See the video again if u missed it out) makes me think they will go ahead and introduce in house for voting. What happens in the house is upto your speculation. Lets cross the fingers and wait for updates.
by the way they have 5 business days to ask any questions or clarifications which will end on Wednesday, So until then lets sit tight.
It seems USCIS wants to potray that they are doing great job by doing various Process improvements. USCIS indirectly wants to say that eventually USCIS process will be improved to the extent that there will be no Visas wasted.
I think this was the most straight forward and simple bill. Other bills like removing the country limit are more challenging.So I don't see anything happening from immigration point unless democrats take over both senate and House in late 2008.
Hope for any legislative changes only in 2009 and beyond and not in 2008.
It really appeared to me that by the way lofgren asked the questions, and her comments (So recapturing is first step, She mentions "i will let the co-author know that you like the bill to uscis/state dept officials" etc. See the video again if u missed it out) makes me think they will go ahead and introduce in house for voting. What happens in the house is upto your speculation. Lets cross the fingers and wait for updates.
by the way they have 5 business days to ask any questions or clarifications which will end on Wednesday, So until then lets sit tight.
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Jimi_Hendrix
11-16 02:33 PM
Let us keep working.
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enthu999
05-09 07:41 PM
I had similar issue when trying to refinance
My loan was Jumbo and to bring it to confirmation limits to get better rate the lender
tried doing home equity loan, at the end when we thought every thing was ok
they back and told they cannot give home equity loan because my Green card has not been aproved though I provided the AOS reciept and EAD.
The underwriter is FannieMae.
This for sure is a discrimination, in the current situation we cannot really make any benefit out of low mortgage rates..and the when the ARM is close to expire...god knows how
the interest rates would be.
My loan was Jumbo and to bring it to confirmation limits to get better rate the lender
tried doing home equity loan, at the end when we thought every thing was ok
they back and told they cannot give home equity loan because my Green card has not been aproved though I provided the AOS reciept and EAD.
The underwriter is FannieMae.
This for sure is a discrimination, in the current situation we cannot really make any benefit out of low mortgage rates..and the when the ARM is close to expire...god knows how
the interest rates would be.
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conundrum
04-30 11:06 AM
does the new 180 days rule apply to these numbers if they are not counting the ones stuck in name check?
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ambals03
04-30 09:54 AM
Senator John Kyl (R-Texas)
Should say:
Senator Jon Kyl - (R - AZ)
(202) 224-4521
Should say:
Senator Jon Kyl - (R - AZ)
(202) 224-4521
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gctoget
07-23 01:23 PM
I have joined the yahoo group.
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GCard_Dream
07-06 01:59 PM
Are you guys digging this story as well .. or just talking about it.
Please go ahead and digg it.
Please go ahead and digg it.
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ivar
12-11 02:12 PM
There could be lots of folks who missed July 07 fiasco. For the people who were able to file during July 07 that EAD is working as good as green card for now.. wish we could. Here is my case if that makes you feel little better that there are lots of people who missed the boat, I Had approved labor with PD Mar 06 and I-140 and i changed my Job in Mar 07 because of issues with desi company. I never imagined that dates will become current in just three months.. :mad:
Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
ujjwal_p
04-02 03:05 PM
I have not seen one single person getting so many red dots for playing a devils advocate and trying to defend USCIS. :D
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
Actually those are not the only options. Another option is to leave the country. That's an option which has been taken by many people to head back to where they came from or to other countries where their skills are welcome. One needs to only read through some of the old threads of frustrated people moving to India, China, Canada etc.
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
Actually those are not the only options. Another option is to leave the country. That's an option which has been taken by many people to head back to where they came from or to other countries where their skills are welcome. One needs to only read through some of the old threads of frustrated people moving to India, China, Canada etc.
ngopikrishnan
12-08 11:03 PM
Just thought it will be an useful info.
Recently renewed NJ DL with EAD and expired I-94 (Paroled). Following documents were produced at Kilmer Rd DMV:
1) Current unexpired NJ DL
2) Passport with expired I-94 (Paroled)
3) EAD
4) SSN card
5) Address Proof (utility bill)
DL renewed until EAD expiry date PLUS 3 months.
Recently renewed NJ DL with EAD and expired I-94 (Paroled). Following documents were produced at Kilmer Rd DMV:
1) Current unexpired NJ DL
2) Passport with expired I-94 (Paroled)
3) EAD
4) SSN card
5) Address Proof (utility bill)
DL renewed until EAD expiry date PLUS 3 months.
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