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Written By muthmmuuuaaanniish on Friday, June 24, 2011 | 11:39 AM

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  • speddi
    07-13 09:25 AM
    I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

    During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

    I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

    I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

    Thank you





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  • Jbpvisa
    07-12 11:02 PM
    We Expect Honesty and Consistency by the Agency Created to Provide �Service�

    We expect integrity, consistency, and transparency in our government and our immigration system. This is more so particularly for the USCIS that was created to provide �service� and serve its fee paying clients/ customers. The separation of enforcement, border protection, and other functions from service and benefits that occurred in 2003 requires the USCIS as an agency within DHS to focus primarily in providing quality �service� and benefits to its clients, as its name suggests. Unfortunately, on July 2, 2007, and the days preceding and until today, the USCIS miserably failed those whom it was created to serve.

    There are allegations of improprieties in the usage of visa numbers for cases that have not yet been approved, contrary to regulation. This allegedly artificially increased the usage of the numbers, allowing the USCIS to use them at a rate that is many times its normal monthly usage. The USCIS claims to have approved an unprecedented number of cases and requested all the remaining (approximately 60,000) visa numbers for the fiscal year within a span of just over two weeks. The net result of this, in addition to the damage already caused, will be litigation against the USCIS. This is costly and resource intensive. We are asking you to step in, and right this wrong. In so doing, you would take a significant step toward restoring the integrity of the system that is in place. People must be able to rely upon the system. In this case, they made decisions, and expended significant time and money, based upon the July Visa Bulletin. They did so because Visa Bulletins have always been reliable and have worked in a systematic, unwavering manner, in terms of governing which cases can be filed in a particular month. This must be restored.

    U.S. is the Beacon of Hope � Our Government Cannot Exhibit Greed and Inconsistency in its Policies

    We are a nation of immigrants. Immigrants come to this great nation in search of freedom and opportunities. I am eternally grateful for the incredible opportunities afforded me in the great nation to maximize my potential, build my law firm and lawfully, honestly and diligently serve those who wish to immigrate here lawfully. This is what sets the U.S. apart from other countries and governments rampant with corruption, greed, mismanagement, and other negative influences. The actions of the USCIS in connection with the events of July 2, 2007, have made many feel cheated, betrayed and disappointed in our government. How can the U.S. do this when we portray ourselves as the beacon of hope and the symbol of integrity and transparency for the rest of the world?

    Request is that You Step in to �Right this Wrong�

    Based on the above, we respectfully request you to undertake the following to attempt to redress the irreparable injury / harm caused to so many, including the reputation and reliability of our own government:

    - Issue a directive to USCIS that this issue be promptly resolved. The USCIS must accept the I-485 filings that it was supposed to accept not just in July 2007, but for a sufficient time thereafter to allow for the proper preparation of those filings, including the need for medical examinations and accommodation for travel plans. This means that the USCIS must accept I-485 filings at the earlier fee and grant a minimum of an additional 46 days (time that would have been allowed from the date of the issuance of the Visa Bulletin on June 12, 2007 until July 31, 2007, the date until when the I-485s could have been filed but for the actions of the USCIS).

    - Investigate the irregularities in the use of visa numbers as explained above. We would ask for you to launch an investigation into the usage of visa numbers for cases that were not approved, and to restore those numbers and make them available during FY 2007.

    - Investigate the expenditures in terms of overtime, contractors and other efforts that were allegedly engaged in as part of the effort to deplete the allocation of visa numbers for FY 2007 before July 2007.

    - Take all necessary measures to avoid any possibility that a similar event could occur in the future.

    We expect you to step in to attempt to �right the wrong�. I believe that you will do the right thing for American employers and hard working immigrants who play by the rules not to lose faith in the integrity of our legal system and in our government. We appeal to you to do the right thing legally, morally, ethically and in good conscience. Our people need to gain back some of the trust in our government, our legal system, and in our country.

    Thank you for your time and anticipated favorable consideration in this matter. Please do not hesitate to contact me if you have any questions.

    Yours truly,


    Sheela Murthy
    President and Founder
    Murthy Law Firm


    Cc: Emilio T. Gonzalez, Esq.





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  • dummgelauft
    08-21 02:53 PM
    If I was not required to fill out the form I-485, then why did USCIS send me a letter requesting me to do so? I'm sick of the smart a$$ remarks from some of you. This isn't funny and there are human beings involved. If you can't be helpful then please don't bother responding. Keep your remarks to yourself. I came here looking for some help, not a bunch of criticism and hurtful comments. It's not that simple just to go back to Canada like you think and I can't just leave the person I care for because you think I'm considered indispensible. Perhaps you'd like to talk to the people in this household and see just how willing they are to let me go. This is not just about packing up and leaving, I have roots here now and I cannot just abandon these folks. There is NO ONE to take care of them, not family, not friends and they do not want a stranger - period. We already tried that and it didn't work. How many people do you know that would willingly take care of a 500 lb. bedridden person, change catheters, bathe them and cook, clean and take care of other household chores simply for room and board? We offered the job to legal American citizens and when they heard the man was 500 lbs, they backed off before hearing the rest. I AM WILLING, he is used to me, I am used to him and there is no one else, including his own children, who will do what I do, so before you tell me I'm indispensible, try doing this job. We can't even get professional medical personnel in here to help, so exactly how am I indispensible under the circumstances? Should I just abandon him and let him rot and die in his own bed? Is that considered humane in your eyes? If he's obese does he not deserve the same quality of care as an ideal body weight person? Does his obesity make him undeserving of humane treatment? As I said, this is not just about legalities, this is about a human being needing someone to care for him and it's not that simple to get another person in here. I deal with him 24/7, I don't get a day off - would you do that? I doubt it!

    If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
    As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
    If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
    I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.

    You could cry us and USCIS a river. Fact is that you have broken the law, whether knowingly or unknowingly. USCIS will treat you like an illegal alien, which in fact you are.
    You are telling us about this 500.0 lb obese person whom you are "caring for". Let me tell you something, USCIS does not think twice about separating babies from their mothers and wives from their husbands, if they find out that law has been broken, so, say what you want. You are here illegaly and everybody here will tell you the same thing. Get your self back in to Canada.
    Nobody FORCED you to stay here You made a choice, based on compassion on whatever. If that is still your position, then be prepared to pay the price. If you leave now, you can come visit this "family" of yours once in a while BUT if you get deported, forget it. There is 10 year ban on you and even after that, you will NOT be let in to US.

    This is the hard truth, take it or get off this forum.

    Admin, this poster should be deleted.





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  • nozerd
    01-27 11:40 AM
    Well Alisa,
    Do you think its fair to discriminate someone based on their country of birth with all else being equal ?



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  • amitpan007
    06-06 04:31 PM
    Hi bodhi_tree and amitpan007,

    Were there any LUD's on your application before the approval?

    Thanks.

    No LUDS since 20-JUL-07 for FP.





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  • virald
    07-18 09:49 AM
    What is meant by "Rejected" here?

    -FedEx not accepted on July 2nd
    -They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
    -Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
    -Rejection email was sent to lawyer/candidate
    OR
    -USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)

    Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.

    I contacted my attorney but so far no reply. Will update all of you.

    I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
    Thanks

    Rejection means -- packets opened, and, returned as reject because dates not current.
    I am also convinced that, if one has not gotten the package back, the person should be okay. But, just want to get the confirmation that we will be okay proactively rather than waiting.
    I'll post as soon as I find out from my lawyer.



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  • Becks
    03-12 09:29 PM
    I am going through the process of changing job. My new company says they are fond of EAD. But I am asking for H1 transfer. So they are saying if I want H1 transfer I can do so at my cost. Interesting!!!!

    I tried to keep H1 but finally I had to gave it up as "For critical positions we hire EAD/GC holders- US Citizens only and thus we can not allow H1 transfer for this position".

    I do not see any problem in your case based on the information what you gave here. Large companies - So must be having 3 years Audit reports - perhaps available publicly (In my case that is the case -- so virtually no risk).If you get new job offer letter with "Same job description" as one under which your gC filed - no problem - No gap in pay stubs .. Then go ahead and we will welcome you to EAD club.





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  • gc_chahiye
    09-24 01:11 PM
    Hi,
    I have a EAD L2 Based valid till 2009. I havent worked in US till now after getting EAD. Now I have to travel to India for a Month. What will be the procedure to retain my EAD after I come back to US after 30 day.
    Please Guide Me

    Mahesh

    you dont have to do anything. Based on your L2 petition you will get an I-94
    valid till 2009. Since your EAD is unexpired, you can continue working once you come back. EAD is authorization to work, completely unrelated to your travel to India and back. What exactly are you worried about?



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  • sameer2730
    03-12 11:19 AM
    At least the money is put to some use and results are tangible, how about the results in here?

    Refer to my posts.


    IV core needs to explain!

    What is tangible. If I take $20 from you to buy a movie ticket and fetch it from you and simply buy it for you is that tangible. The same is true with lawyers taking $700 and getting an EAD. You could do it yourself but assume its safer to do it via someone in whose self interest it is if your case has problems.





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  • maddipati1
    07-11 10:12 PM
    the current 485 processing dates for both NSC and TSC are in July'07.

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    which means, processing of all the 485's with a PD before July'07 are completed and ready to be assigned a visa number.

    and now VISA numbers are available.

    also, i heard abt namecheck ruling, they will give u GC even if ur 485 is stuck in namecheck, which was worst way of getting stuck for lot of guys.

    so, every EB2-I with a PD before 01JUN06 will get a GC shortly.

    140 pending, RFE, clerical error cases are exception to this.
    these guys will definetely get GC in OCT'08.

    surely they will make EB2-I unavailable in next month, coz, there are no more VISA #s available for this year,

    but in OCT they will resume from 01JUN06 minus 'the guys whose PD is before 01JUN06 and their application processing is completed (140 approved, satisfied RFE etc ) '

    it looks all good for EB2-I guys have fun.



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  • brawn81
    11-06 11:56 AM
    Thanks





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  • feedfront
    10-07 12:27 PM
    Received email about change in status to 'Your Case Status: Request for Evidence Response Review'. USCIS should have received it yesterday and today it changed to response review.

    RFE email: Sept 10, 2010
    RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
    Reponse to RFE sent on : Oct 05, 2010 via USPS
    Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]



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  • kate123
    02-04 11:28 AM
    well said.

    Some questions to those who are supporting country cap.

    Why not put a country cap on foreign students’ visas since many of them get into the green card line eventually?
    Why not put a country cap on H1B visas since many of them get into the green card line eventually?
    Why not put a country cap on labor certifications?
    Why not put a country cap on I-140s?
    Why not impose a country cap at the port of entry?
    Why not put a country cap on visitors’ visas?
    Why not put a country cap on business visas?
    Why not put a country cap on US trade with other countries?
    Why not put a country cap on amount of US $ reserves that each country can have?
    Why not put a country cap on children that foreigners in the US can bear?
    Why not put a country cap on the foreigners’ earnings in the US?
    .
    .
    .
    And the list can go on.

    Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.





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  • trueguy
    07-30 12:09 PM
    Add E&Y (Ernst and Young) to the list.



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  • mps
    02-13 01:30 PM
    "ash123" - you need to correct your post for such a absurd choice of words ! :confused:

    Just do some research on phrase "ethnic cleansing." :confused:





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  • grinch
    03-14 07:30 AM
    If ya'll do like a character model contest next time, I think I will be in. But we will need like a 4 week due date...lol. Good job all.

    Sounds good 3d, I'll actually look toward a battle like that.

    It'll be my first character project, but I'll be looking foward to it.



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  • vine93
    06-10 03:54 PM
    sent





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  • h1_b_visa_holder
    05-23 10:39 AM
    Don't know about others.... but surely not at MIT ! MIT has no program "totally on Web"... :)

    I am sure MIT (Manipal Intitute of Technology , Marathwada Institute of Technology) has online programs :)





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  • h1techSlave
    03-18 09:49 PM
    I think Nixtor should explain why he even bothered to call Mr. Foggs' number. There are many many people in this forum with incorrect phone numbers. Why nixtor is not banning all of them. There is even a member with handle 'taliban'.

    I had wrong phone number and other contact details for almost 6 months, before I have updated those fields with correct information. Nobody banned me. Why single out Mr. Foggs?

    Here is what you provided on the banned id

    Phone number 631-922-xxxx. I called the number and a lady answered. I asked "Is there any one living with last name FOGGS?" The answer is NO. I asked are you sure? She goes mad. I then went on to see the city you provided in MD exists, Google maps has no clue about the city.

    There are many non-contributing & contributing members and its entirely your wish to do so or not but IV does not need any distractions. Don't bring in the free speech and 1st amendment now.

    May be its fun for you and our friends, its not funny here.





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    jcmenon
    07-24 10:54 AM
    It all depend how we interpret the law.

    Here is the arguement by stuck labor

    "INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if


    (3) an immigrant visa is immediately available to him at the time his application is filed."

    BUT

    The above is applicable for adjustment of status only not for filing of 485.
    Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.



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