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ind_game

05-20 12:15 PM

Thanks a lot for all the members who have shared their knowledge and insight into this issue.
Also, my special thanks to chanduv23 with whom I have been in touch through out the process with congressional office.

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gc_check

07-21 07:31 AM

Friend

I recently got a aloan from BOA on EAD without any probem.
The Loan officer was fully aware the visa sattus. Dont know how he maneged but for me I didn't face any problem in financing from BOA.

If you still face problem send me a private message an I will pass his informations so that you will be on right loan offcer hands who understand visa status etc.

Do you posses a valid / current visa along with EAD. They seem to be okay with visa, and seems to lack knowledge on the EAD/485 stuff. Can you please PM the link to the loan office you worked, if he is agreeing to talk / provide updates. BTW, mine is a re-finance, and never had problem before and this is the first time, the visa issue is causing difficulties. The reason I went through this loan agent is the rate I am getting.

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ind_game

05-18 04:19 PM

Hi ind_game, attorney and all readers,

After reading ind_game last quote "God save AC21.....". I have following questions:

1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.

Please reply.

thanks,
waitingmygc



waitingmygc,

I am really sorry if my message has festered you. That was not my intention. After three months of slog and surge in frustration, I was not ready for another 2 months.

1.

I have found some case studies and I am still in touch with them...........but everybody got thru this with a good ending........I have a series of case studies in another website's forum who have faced similar issue (of course, not 2 MTRs but just 1 MTR)...........I do not think it would be wise to post them here.........

2&3.

This is not in every case. One of the members contacted me today and said he got NOID for not submitting AC21, which is according to the guidance. One of my other friend did not submit any AC 21 and he got laid off from the changed company and he did not get any notification from USCIS. He is just moving ahead without filing any AC21.
One of my other friend changed jobs twice using AC 21 and he got NOIDs both times. NOID is common and according to the guidance in the memo (Yates memo). Trust me, I have contacted so many people in the past three months, I have enough case studies in my laptop now.

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chanduv23

05-15 11:27 PM

Sometimes lawyers are used to their old ways of doing things. However, IOs are not the same people of the old. Most IOs are new hires and still in their learning curve.

I think the problem with your info. on USCIS screen is that the previously approved I-140 was changed to "denied" on same date it was approved. USCIS probably didn't have a log of the change.

The only evidence to prove that it was "approved" before is your copy of approval notice and it seems they don't believe the legitimacy of your copy. USCIS relied solely in their faulty database system.

Did you have a screen capture of the I-140 approval in CRIS? I screened captured mine just in case because it's another proof that one point in time, I-140 was approved.

He got info from USCIS through congressional liason that his 140 was indeed approved on the date when the IO claimed it was denied and it was indeed revoked when he got a denial. The revoke was initiated by his employer.

They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right

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diptam

08-11 03:14 PM

ssss,
I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.

Would you mind if i ask you when you've seen the LUD change before approval ?

Thanks for your time !

I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters

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gcdreamer05

02-09 08:56 PM

dude this year you meant march and apr 2009 right, your post still says 2008...

And plz give me a break just now the march bulletin came out and already we have started predicting april bulletin...

we all have become lazy just predicting and sitting not doing anything that is why the freakin EB3 has not moved even 1 day for the past 2 months......

we have to do something......

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mirage41

09-15 09:09 PM

people who do not support pd porting must *morally* refuse any pay hikes they get along the course of the GC journey, decline promotions offered at their workplace and must vehemently refuse any self help initiatives by the employer.

If they actually do that, they are both justified in opposing PD porting and they kinda give away their I.Q in the process! lol

Not to mention, if anyone of the above happens, they need to re-start their GC process *to be fair*!


Before someone gives me red dots, please note the Sarcasm in my post. (I support PD porting with all my heart!!) :D

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TexDBoy

06-10 12:58 PM

USCIS to Issue Two-Year EAD for I-485 Waiters at End of June 2008
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."

Tank you so much for the news ....

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McLuvin

10-22 09:47 AM

What is the average time frame for this whole process??

Lets say once the company approves for the porting process....

What is the average time involved for processing, PWD, adv., then perm filing/approval...

Anyone who had gone through and had experience.. pls share...

BR,
McLuvin

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conchshell

07-06 12:22 AM

I feel that initiator of this thread is not trying a coup d'�tat. He is merely pointing to the fact that every organization runs by elected officials. Having a life term president and core group is only heard in autocratic systems but not in a democratic one. What are we as an organization?

Why are we afraid of discussing new ideas? Why shouldn't we open up IV organization for elections? There is nothing wrong in declaring the rules and then playing by those rules.

So I completely support the guy who came up with this suggestion.

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pmamp

07-12 10:36 AM

Where did you get your DL renewed? Which state? :confused:

Hoosier land - Indiana.

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vayumahesh

11-16 08:04 AM

Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.

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Miya Maqbool

09-10 03:32 PM

HI Pappu,
PLease post the total amount received end of the day on the web site....
Hopefully we will exceed the required amount....
Go IV!!!

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MDix

03-03 11:16 AM

I don't think EB3-I would be U for more than a month, as I keep saying this year EB3 would be getting some share of spill-over. So even if it becomes U for April that would be temporarily and it would return back in May.
I agree. EB3-I would go U for rest of the year.

Thank's
MDix

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snathan

12-16 01:07 PM

we need to write to Sen Joe Lofgren now more than ever..she will try to push the legal bill..also we need to write to her to compensate for some of the waiting time ...so that it gets counted for the citizenship..at least from when the I-485 was applied..I think we will see some sort of push for this ..my only concern is that we again will get caight with the illegals and our issue will be pushed to the side

Can some IV members in CA meet Sen Joe..?..and see what the Sen plans to do..

time for some action now..

One small correction. Zoe Lofgren is congress woman and not a senator.

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ksrk

09-10 12:04 PM

They most of the approvals are of US Master degree and above as it is straight fwd EB2 no need to verify skill set etc..

While I can't speak for all cases out there, I can speak for myself and a few of my friends...Master's degree from US universities - CHECK, green card - NOT YET! (the wait continues).

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saint_2010

09-12 06:58 AM

Bump....

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cse_us

03-04 02:37 PM

Thanks.

Any one else with recent RFEs/LUDs on their I-485 ? Pl post.



Mine is a NSC-CSC-NSC 485, july 2nd filer, with Apr 2007 EB2 Priority.
I got Hard and soft LUDs on 2/5/09 and 2/10/09 resp.
Hard LUD says, my case is now pending. (before it was 'this case has been transfered ...).
No idea wht the soft LUD means, might be no RFE.

BTW, I used EAD and also filed AC21 thru my lawyer.

Regards.

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immi_twinges

07-20 05:37 PM

My take is that Sen. Cornyn's bill is too ambitious and tries to solve ALL the problems. It is never going to fly, especially in this political environment.

We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.

In my opinion, this is the absolute minimum:

1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%

If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.

Lets ask first ..to fix the USCIS lethargy..

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optimystic

09-10 09:36 PM

HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.

Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.

Good points.

However ...

How many visa numbers will get recaptured if 5882 gets approval and how soon (within this FY09 ? )

How many pending applications are there?

How many new ones accumulating every year?

Are there enough recaptured visas to cover all?

Agreed that with more visa numbers, and no potential threat to wastage of visa numbers, USCIS has no incentive nor tricky cards to play to justify their random approval bursts.....but will that be enough to prevent them from doing so, just because they can? I mean this is USCIS we are talking about.....Even with laws/memos/rules already in place, they are violating them left and right....

Whats to say that they won't try to reassure people that they don't have to worry about out of order processing because
- there are enough visa numbers for all.
- Though people may see delays, they will eventually all get their GCs
- Its faster and easier if they just grab the first box that is on the top of the pile, and approve cases from there rather than spending very limited resources they have to try to dig thru the boxes to find the cases with oldest PD.
- It will just be a minor inconveneince to the applicants...Their waiting times would drastically reduce from several years to only couple of years.

Would that be acceptable to us then?

If they say every body will be current, with free job movement due to EADs, and every body will get GC within 2-3 years absolutely. PERIOD. Just no gaurantees of FIFO processing. --- Would that be acceptable to us then?

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ashutrip

06-18 10:37 AM

Good Morning guys,

So we all should be fine to file I-485 up until end of September guys, before the retro kicks off ?
Lawyers sugarcoat things man....I am getting bad vibes...that it will be august!

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