ItIsNotFunny
03-06 03:29 PM
I will do $20. This FIOA is vital to the transparency of the system and surfacing this information would provide valuable insights that will perhaps bring closure to VB guessing games/forward movement prediction.
What's core team take on this ?
Please vote
What's core team take on this ?
Please vote
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jsb
08-18 09:26 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.
Normally, RD (on your receipt), and actual data entry date followed by the notice should be in quick succession. Logically, ND is just a notice date, therefore, when questioned they are correct in saying that ND has no relevance for any processing decisions. Due to high volumes of July/Aug 07, a lot of case files were just lying in warehouses for months before a center agreed to accept them. That's why you see online RD so different (and very close to ND).
If your statement in your first para is true, centers will have to do a lot of work for manually sorting thousands of cases before placing them in cabinets, which is quite impractical. Unless somebody is forcing them to do so, it is highly unlikely to happen. Note that issues under discussion are impacted by high volumes of July/Aug 07 for which systems are not designed. Also, as most cases are not PD dependant, USCIS systems don't handle them well, as they are not designed for handling PD based cases efficiently.
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.
Normally, RD (on your receipt), and actual data entry date followed by the notice should be in quick succession. Logically, ND is just a notice date, therefore, when questioned they are correct in saying that ND has no relevance for any processing decisions. Due to high volumes of July/Aug 07, a lot of case files were just lying in warehouses for months before a center agreed to accept them. That's why you see online RD so different (and very close to ND).
If your statement in your first para is true, centers will have to do a lot of work for manually sorting thousands of cases before placing them in cabinets, which is quite impractical. Unless somebody is forcing them to do so, it is highly unlikely to happen. Note that issues under discussion are impacted by high volumes of July/Aug 07 for which systems are not designed. Also, as most cases are not PD dependant, USCIS systems don't handle them well, as they are not designed for handling PD based cases efficiently.
asanghi
09-11 05:56 PM
I hope your final version will correct the addressing to the members of congress.
Please avoid using "Dear Zoe Lofgren" kind of addressing. More appropriate would be "Honorable congressman/woman XXXXXX"
Please avoid using "Dear Zoe Lofgren" kind of addressing. More appropriate would be "Honorable congressman/woman XXXXXX"
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KARAAND
07-17 07:06 PM
This was great Victory. Feel proud to be part of IV. This has shown what we could do if we all come together.
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Naveen
03-09 12:17 PM
Contributed $100
Transaction ID: 3D2783142U014852P
Transaction ID: 3D2783142U014852P
senthil1
07-10 12:28 PM
FBI check delay is admin procedure so courts could take up the case. But per country quota is law.
Many persons used to say skills need to be basis for selection. But that is not applicable for GC processing. Here there is no selection from multiple candidates. In Labor and I140 they are checking that particular candidate is suitable for that position or not and also no US citizen is available for the job. If not they will reject the candidate. So they are not selecting based on Merrit as no compettion is there for the particular position. So it is just all the eligible persons will get GC. It is similar to all the high school passed candidates will get admission to college if seats are available but not based on marks but based on FIFO basis.
By FIFO based it is discriminatory but still unused other country quota is used in last quarter for India and China. So per country quota impact will be less if CIS uses all the 140K. Also they are not giving any one country preference or quota. So it is not outrageous compared to many other controversial laws. Law in any country is not perfect and even if perfect it will give more benefit to some group.
It is very difficult to win by lawsuit against any law unless that law is outrageous and impacts many persons. So best way is to try for another law to change a law. But just removing per country quota will give very less benefit especially for Eb3. Waiting time will reduce from 7 to 6 years for all countries. If per country quota is removed with recapture bill then waiting time for EB3 may reduce to 1 to 3 years for EB3.
I also personally think the lawsuit is the better way, especially in the election year.
It can produce one of the three results:
1> We Win... Everything is fine.
2> We Lose... At least the thing got settled and it is clear that the US can create discriminatory laws.
3> Force Congress & the US govt. to expediately state its stand & justify the stand on the per country quota limit in employment based immigration.
Everyone, I talked to including some lawyers, especially after 9/11, thought that nothing could be done about FBI check ups. But guess what, the courts decided in favor and required that FBI check ups be done in 6 months.
Second case would be about Guatanamo Bay prisoners. Even there, the courts decided the prisoners were protected by the US human rights laws.
The good thing about the US is the case gets settled/decided ASAP, and it would make sense to give the lawsuit a try.
Many persons used to say skills need to be basis for selection. But that is not applicable for GC processing. Here there is no selection from multiple candidates. In Labor and I140 they are checking that particular candidate is suitable for that position or not and also no US citizen is available for the job. If not they will reject the candidate. So they are not selecting based on Merrit as no compettion is there for the particular position. So it is just all the eligible persons will get GC. It is similar to all the high school passed candidates will get admission to college if seats are available but not based on marks but based on FIFO basis.
By FIFO based it is discriminatory but still unused other country quota is used in last quarter for India and China. So per country quota impact will be less if CIS uses all the 140K. Also they are not giving any one country preference or quota. So it is not outrageous compared to many other controversial laws. Law in any country is not perfect and even if perfect it will give more benefit to some group.
It is very difficult to win by lawsuit against any law unless that law is outrageous and impacts many persons. So best way is to try for another law to change a law. But just removing per country quota will give very less benefit especially for Eb3. Waiting time will reduce from 7 to 6 years for all countries. If per country quota is removed with recapture bill then waiting time for EB3 may reduce to 1 to 3 years for EB3.
I also personally think the lawsuit is the better way, especially in the election year.
It can produce one of the three results:
1> We Win... Everything is fine.
2> We Lose... At least the thing got settled and it is clear that the US can create discriminatory laws.
3> Force Congress & the US govt. to expediately state its stand & justify the stand on the per country quota limit in employment based immigration.
Everyone, I talked to including some lawyers, especially after 9/11, thought that nothing could be done about FBI check ups. But guess what, the courts decided in favor and required that FBI check ups be done in 6 months.
Second case would be about Guatanamo Bay prisoners. Even there, the courts decided the prisoners were protected by the US human rights laws.
The good thing about the US is the case gets settled/decided ASAP, and it would make sense to give the lawsuit a try.
more...
black_logs
12-20 09:52 PM
Guys,
We are really thankful for your contributions. Let me remind all the members here, every penny you are paying to IV is accounted for. All the expenses incurred by IV members for traveling to DC for various meetings are all non-billable and are borne by themselves. There are few core team members whose personnel expenses have gone beyond 10K. I believe each of you can very well understand their need for green card is no more or less than your need for the status. So everybody, I repeat, everybody, please come forward and contribute.
Thanks
We are really thankful for your contributions. Let me remind all the members here, every penny you are paying to IV is accounted for. All the expenses incurred by IV members for traveling to DC for various meetings are all non-billable and are borne by themselves. There are few core team members whose personnel expenses have gone beyond 10K. I believe each of you can very well understand their need for green card is no more or less than your need for the status. So everybody, I repeat, everybody, please come forward and contribute.
Thanks
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Harivinder
07-09 02:50 AM
Order #88006989
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dontcareanymore
08-22 04:46 PM
I am EB3-I (pd 02 retrogressed) but was interested in this discussion so i emailed my lawyer about it. She said, historically the last month of the fiscal year has the most approvals as they try to clear as much as they can. You will see a lot more approvals from next week or sept 2nd week.
.......assuming there are still remaining visa numbers. It so happened last few of years that USCIS was sitting on their hands until last month. Is it the case this year ?
.......assuming there are still remaining visa numbers. It so happened last few of years that USCIS was sitting on their hands until last month. Is it the case this year ?
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optimizer
03-06 12:41 PM
Ready to contribute $25. I have sent messages to 4 of my friends, who should be willing to contribute too. I am hoping once the information/data is received it will either be available for everyone to see on IV, or atleast available for those who contribtued.
Thanks
Thanks
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+ve
04-25 07:24 AM
I completed my MS in Computer Science from US around 6 years back, was on OPT for a year & thereafter moved out of US & came back to my home town. Have been working here for 6 years now in the software field & have now applied for H1B under masters Quota. Was wondering if I am eligible to apply under this quota as I am neither a fresh masters graduate nor have any status in the US. Also, my lawyer has only filled out the I-129 form. Is there any special form that needs to be filled out to be considered for Master's quota?
Please reply�:rolleyes:
Please reply�:rolleyes:
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needhelp!
11-17 10:55 AM
Thank You for coming forward.
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unitednations
07-20 12:00 PM
I'd be happy if I got a second opinion (my lawyer's is the first) on this issue:
I am ready to file for my AOS(I-485) for the second time based on my employers I-140 petition and would like someone (unitednations ?) to see if there are any possible gotchas.
Chronology
========
#1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
#2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
#3 Nov 2002 - Fall in love with an American girl
#4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
#5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
#6 October 2003 - Fall out with employer and quit.
#7 November 2003 - Marry girlfriend (Out of status)
#8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
#9 April 2004 - Find a new employer "X" and start working for him
#10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
#11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
#12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
#13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
#14 Nov 2004 - Divorce final
#15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
#16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
#17 Feb 2006 - PERM labor EB2 approved
#18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
#19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
#20 Oct 2006 - EB3 labor approved from backlog center
#21 May 2007 - File for 7th year H1B extension
#22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
#23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
#24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140
Since 2004 I have maintained valid non-immigrant status (I think). Will I have any issues with accrual of out of status / unlawful stay based on my actions above ?
As you can see, mine is not a straightforward case.
The million dollar question : Based on my actions in steps #4 thru #10, is there a chance that my new I-485 will be adversely affected ? If so, is there anything that anyone can tell me to remedy/rectify the situation to avoid it ?
Thanks !
From february 2004 (expiry date of i-94 card) until april 1994 it looks like you accrued unlawful presence. The unlawful presence stopped when you filed the 485.
The unlawful presence was wiped out when you left and re-entered usa (the 3 year bar didn't kick in because the unlawful presence was less then 180 days).
You will be fine.
Just be truthful that you filed 485 before; you had divorce and all the employers that you worked with. Only thing they can get you on is if you try to embelish or hide things even though they were forgiven when you left and re-entered.
I am ready to file for my AOS(I-485) for the second time based on my employers I-140 petition and would like someone (unitednations ?) to see if there are any possible gotchas.
Chronology
========
#1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
#2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
#3 Nov 2002 - Fall in love with an American girl
#4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
#5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
#6 October 2003 - Fall out with employer and quit.
#7 November 2003 - Marry girlfriend (Out of status)
#8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
#9 April 2004 - Find a new employer "X" and start working for him
#10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
#11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
#12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
#13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
#14 Nov 2004 - Divorce final
#15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
#16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
#17 Feb 2006 - PERM labor EB2 approved
#18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
#19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
#20 Oct 2006 - EB3 labor approved from backlog center
#21 May 2007 - File for 7th year H1B extension
#22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
#23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
#24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140
Since 2004 I have maintained valid non-immigrant status (I think). Will I have any issues with accrual of out of status / unlawful stay based on my actions above ?
As you can see, mine is not a straightforward case.
The million dollar question : Based on my actions in steps #4 thru #10, is there a chance that my new I-485 will be adversely affected ? If so, is there anything that anyone can tell me to remedy/rectify the situation to avoid it ?
Thanks !
From february 2004 (expiry date of i-94 card) until april 1994 it looks like you accrued unlawful presence. The unlawful presence stopped when you filed the 485.
The unlawful presence was wiped out when you left and re-entered usa (the 3 year bar didn't kick in because the unlawful presence was less then 180 days).
You will be fine.
Just be truthful that you filed 485 before; you had divorce and all the employers that you worked with. Only thing they can get you on is if you try to embelish or hide things even though they were forgiven when you left and re-entered.
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wizard20740
12-18 09:21 PM
I have sent in my 3rd contribution of $100. Request others also to contribute generously.
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calgirl
08-25 03:37 PM
No..Only a few need to go for an interview.
most of the times I see fellow IVians posting about card production ordered..do they also need to go for interview?
most of the times I see fellow IVians posting about card production ordered..do they also need to go for interview?
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swamy
11-19 02:39 PM
I hope you will use your new-found power wisely.. as in bump the right threads :)
I bet I heard someone say 'bump' ! Ive to admit it is empowering -
I bet I heard someone say 'bump' ! Ive to admit it is empowering -
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Denatured
04-09 07:21 AM
Thanks for the feedback tiinap.
Its sad to see that applications exceeded 20,000 for Masters Quota this year. Its times that this that makes me wish I had applied via labor camps/ consultancies to boost my chances.
Good luck to all on the Lottery.
Its sad to see that applications exceeded 20,000 for Masters Quota this year. Its times that this that makes me wish I had applied via labor camps/ consultancies to boost my chances.
Good luck to all on the Lottery.
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Daisy
04-12 06:02 PM
I have sent my story to shrey@immigrationvoice.org again.
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texanguy
08-21 06:55 PM
i get two red dots for this quote? Unbelievable...
If you really think about it bro, we would have been better off not knowing this instead of knowing it...
what difference would it have made, if he just kept this to himself rather than disclosing it? how is getting this information out a great service to the people whose priority dates are current? its like saying, that guys...dont start dancing yet...its going to rain on your parade!
If you really think about it bro, we would have been better off not knowing this instead of knowing it...
what difference would it have made, if he just kept this to himself rather than disclosing it? how is getting this information out a great service to the people whose priority dates are current? its like saying, that guys...dont start dancing yet...its going to rain on your parade!
krupa
05-11 04:54 AM
Those who came between 2000 and 2005 are not getting GC approved , because of some loop holes , those who came in 2007 are getting 485 approved. Is it not unjustince to people who applied earlier? This issue is not similar from EB3 to EB2 etc.
I hope IV will bring this to the notice of USCIS ASAP.
When did you come to US my friend ? did you ever were in the posts and discussions that went through all the years reg SUBS ? Atleast search on internet you will see whether is idea is BRAND new or old enough ?
How can you think of USCIS going back to something that doesnt exist any more (Fraud is diff story) , Admin Fix is for something that is existing, and in hands of USCIS. per law ppl ported dates and it is valid at that time.. Per law ppl can still port dates from EB3 to EB2 or earlier dates in the same category. Admin Fix cant back date the LAW. Simple common sense. You can keep clogging ... Instead we can work on the same energy for Recap.
Are you going to followup with USCIS that It shouldnt let ppl port from EB3 to EB2? L1,L2 Getting quickly ? I dont want to waste my time on EB3 Vs EB2 Vs EB1 Vs L1 Vs L2.. Lets aim at one thing that helps all and its a jackpot that is achievable for us...
I hope IV will bring this to the notice of USCIS ASAP.
When did you come to US my friend ? did you ever were in the posts and discussions that went through all the years reg SUBS ? Atleast search on internet you will see whether is idea is BRAND new or old enough ?
How can you think of USCIS going back to something that doesnt exist any more (Fraud is diff story) , Admin Fix is for something that is existing, and in hands of USCIS. per law ppl ported dates and it is valid at that time.. Per law ppl can still port dates from EB3 to EB2 or earlier dates in the same category. Admin Fix cant back date the LAW. Simple common sense. You can keep clogging ... Instead we can work on the same energy for Recap.
Are you going to followup with USCIS that It shouldnt let ppl port from EB3 to EB2? L1,L2 Getting quickly ? I dont want to waste my time on EB3 Vs EB2 Vs EB1 Vs L1 Vs L2.. Lets aim at one thing that helps all and its a jackpot that is achievable for us...
chanduv23
09-18 11:31 AM
Why dont you PM your cell, i will call you.
You still did not accept your mistakes. You accused me of rude posts and i am yet to see and you called me and madhuVJ same, no proof yet. You make this site look a joke.
I am here to fight the USCIS. Unfortunately you being a thorn.
Lawsuits and fighting is against IVs core principles. IV is a support network for us who want to positively work for a cause by lobbbying, awareness, bringing people together so that our voices are collectively heard.
If you do not want to do what IV does, you can open your own website and do what you want - you can gather people who think like you and you can proceed with your agenda
You still did not accept your mistakes. You accused me of rude posts and i am yet to see and you called me and madhuVJ same, no proof yet. You make this site look a joke.
I am here to fight the USCIS. Unfortunately you being a thorn.
Lawsuits and fighting is against IVs core principles. IV is a support network for us who want to positively work for a cause by lobbbying, awareness, bringing people together so that our voices are collectively heard.
If you do not want to do what IV does, you can open your own website and do what you want - you can gather people who think like you and you can proceed with your agenda
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