glus
07-06 12:34 PM
This is too confusing, it looks like USCIS is going crazy.
Something is cooking and they try to cover their as.... before the legal action takes its stand....:-)), but it is too late for them..
Something is cooking and they try to cover their as.... before the legal action takes its stand....:-)), but it is too late for them..
aycy
04-01 12:00 AM
Yesterday I sent an e-mail to Secretary Chao indicating poor performance of Philadelphia Backlog Processing Center.
I have done that many times and all she did was referred me to head of foreign Labor certification. She knows what is happening but she could not do anything about it because her hands are tied due to the limited budget allocated for foreign labor certification. Very ironic don't you think. :mad:
I have done that many times and all she did was referred me to head of foreign Labor certification. She knows what is happening but she could not do anything about it because her hands are tied due to the limited budget allocated for foreign labor certification. Very ironic don't you think. :mad:
indyyy
04-11 03:02 PM
No, unfortunatelly, there are many thousands like me.
PD - Nov 2001, regular, EB2 - No 45 day letter yet - How about that ?
PD - Nov 2001, regular, EB2 - No 45 day letter yet - How about that ?
McLuvin
04-12 01:43 PM
What's happening with the PERM approval guys??
No approval off late... Its going in a snail pace since the last 10-20 days
BR,
McLuvin
No approval off late... Its going in a snail pace since the last 10-20 days
BR,
McLuvin
more...
lonedesi
09-16 02:02 PM
My Certified Mail to Ombudsman was actually delivered at DC on Sep 2nd 7:52 AM. Today is Sep 16th , so far no reply.
Will keep you updated if anything happens to my 140 - Anyone else need any help sending 7001 to Ombudsman ?
Feel free to send me a PM
I received a letter from Ombudsman's office last week (1 month after I sent them Form 7001) informing that they have initiated an inquiry with USCIS and will get back to me within 45 days. Will keep you posted if I receive any response.
Will keep you updated if anything happens to my 140 - Anyone else need any help sending 7001 to Ombudsman ?
Feel free to send me a PM
I received a letter from Ombudsman's office last week (1 month after I sent them Form 7001) informing that they have initiated an inquiry with USCIS and will get back to me within 45 days. Will keep you posted if I receive any response.
BharatPremi
07-05 04:11 PM
BharatPremin you in CA?
No... Why?
No... Why?
more...
Green.Tech
06-22 08:18 PM
...where art thou'?:)
texanguy
09-10 05:25 PM
i think they will have to wait till the end of the quarter to assign that quota, how would they know about the number of the prospective applicant ahead of time? They first have to make sure that "current" status people should get a visa number. Not a fact i like, but thats the way it is...
But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?
But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?
more...
ramus
09-09 09:49 AM
Thanks a lot.
Good luck guys! Thanks for all the hard work each of you are putting in.
Transaction ID: 8NY02905F8401260H
Contributions so far: $440
Good luck guys! Thanks for all the hard work each of you are putting in.
Transaction ID: 8NY02905F8401260H
Contributions so far: $440
lazycis
11-20 01:11 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
more...
ashutrip
06-16 11:16 AM
If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
I just did it yesterday...it Sucks....when dates are current labor is freaking stuck.....when labor will be clewared......dates may retrogress....SUCKS....
I hope the dates are current for some 2-3 months.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
I just did it yesterday...it Sucks....when dates are current labor is freaking stuck.....when labor will be clewared......dates may retrogress....SUCKS....
I hope the dates are current for some 2-3 months.
SkilledWorker4GC
07-15 11:23 AM
^^^^^
more...
JunRN
08-21 02:42 PM
DMV California doesn't need proof of residence....it will ask for I-94 or Greencard to check your legal status....as for residence, it will only ask for your address and will not ask for any proof...
Expiry of DL from Ca. DMV is based on I-94....
Expiry of DL from Ca. DMV is based on I-94....
ragz4u
03-08 10:28 AM
This is the right link. It is very clear today. Interesting discussion.
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
more...
honeyB
01-23 02:25 PM
AP filed on august 16th still waiting for approval
gangster
07-18 01:44 PM
Contributed $100 and will sign up for monthly contrbution.
Thanks again IV and all members.
Thanks again IV and all members.
more...
willwin
06-11 12:33 PM
How would I-140 approvals impact the availability of visa numbers and isnt spill over already happening,ie, removal of country caps, as we have seen last year,last quarter as well in July VB?
More I140 approvals (of those who have already filed their 485) means more 485 eligible to be adjudicated. Longer the queue and more efficient the USCIS is - slower the PD movement.
More I140 approvals (of those who have already filed their 485) means more 485 eligible to be adjudicated. Longer the queue and more efficient the USCIS is - slower the PD movement.
diptam
10-08 02:58 PM
mayitbesoon,
Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.
I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it
Mr. XXXXXXXXXXXXXXX:
Thank you for your inquiry.
We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.
Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.
If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.
Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.
Thank you for again for your inquiry.
Sincerely,
CIS Ombudsman
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.
I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it
Mr. XXXXXXXXXXXXXXX:
Thank you for your inquiry.
We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.
Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.
If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.
Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.
Thank you for again for your inquiry.
Sincerely,
CIS Ombudsman
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
chanduv23
05-18 03:59 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
Almost everyone who use AC21 and had their ex employer informing USCIS about the job change has gone through this.
There is no case of AC21 being denied. It is the law, no need to be scared if you did everything right.
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
Almost everyone who use AC21 and had their ex employer informing USCIS about the job change has gone through this.
There is no case of AC21 being denied. It is the law, no need to be scared if you did everything right.
h1techSlave
05-01 02:35 PM
Cool
The gray dots come when you get either approval/disapproval from somebody who has:
less than 30 posts.
overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.
The gray dots come when you get either approval/disapproval from somebody who has:
less than 30 posts.
overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.
komaragiri
08-07 01:56 PM
What's the source of of this information... Is this u'r guess or from any other source ???
Got it from my Attorney. Not sure whether USCIS shares any processing information regularly with them.
Got it from my Attorney. Not sure whether USCIS shares any processing information regularly with them.
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