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  • desi485
    12-02 05:45 PM
    ...
    My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address.
    ...
    Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.
    ...
    Thanks,

    axp817,

    I am guessing that your EAD was driven by the address which you provided while applying for it. CIS may not confirm what's on file, when there is already an address mentioned in application itself.

    also, thankyou so much for sharing updates with rest of us. This may be useful to someone in similar situation in future.

    Best wishes for your trip abroad. :)




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  • swissgear
    08-23 08:47 AM
    see below.. I think you should be OK.
    USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)

    Looks like 10 years experience is required for individuals applying under "Exceptional Ability".

    They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO




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  • ArkBird
    09-04 05:09 PM
    You are 100% right but no one thought their Labor/GC pain will last THIS long. The most unfortunate/unlucky part in this whole journey was 245(i) amnesty in 2001. This is a tsunami which choked the labor pipe (Remember the good old days of Backlog Reduction Center and quest for that elusive screen shot from the BRC for case? :) ) & imbalanced the demand/supply equilibrium for EB3. This is the reason the variable of priority date became constant and stuck to 2001..



    I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.

    This in my opinion has helped smart folks among us:

    - They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.

    - Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.

    - Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.

    - People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.

    - Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.

    - If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.

    - Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.

    Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.

    -




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  • makemygc
    10-25 11:59 PM
    I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.

    Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.

    I would suggest OP to add the copy of yates memo and the follow up memo to the posting.

    Thanks
    MakeMyGC

    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number



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  • vkannan
    03-06 05:33 PM
    Few observations based on thread postings
    1) Last year around this same time not many RFE/LUD were seen.
    2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
    3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.

    Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.

    Just my observation. Any input is appreciated.

    To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
    a) LUDs
    b) Name Check 180 days rule
    c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....




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  • dtekkedil
    09-14 01:03 PM
    Great job Milind!

    Keep it up! You should be our "guest of honor" at the rally!

    How about we build a "wooden" chair and carry you around at the rally? Not to mention lots of flower garlands! :)

    What do you say folks?



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  • mpadapa
    08-13 05:18 PM
    This the time to unite rather than giving up.
    Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.


    Getting HR 5882 / S 3414 (recapture bills) through congress is the only hope for EB3's.

    Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.

    Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.




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  • fromnaija
    06-01 03:18 PM
    That means your son is also able to file 485, right? In that case he will not age out once an AOS is submitted for him. I am assuming your 140 will be approved before he turns 21.

    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...



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  • GC_1000Watt
    03-06 01:37 PM
    Sorry to hear about your ordeals. The good news is that EB3- ROW should move forward at a good clip in a few months - some estimates from a lawyer I talked to seem to indicate a jump into early 2006 by the end of this year, so hang in there and remember that it is darkest before dawn.
    If you are keen on a backup, have you considered immigrating to New Zealand? It is a great option if you need a peaceful life and the weather is just like California (unlike Canada) and they have universal health care too. For people who have worked in the US for a few years in recognized fields, NZ is quite easy to immigrate to and very quick. Your English seems to be quite good so I don't see why you should be so disheartened. I guess this advice also applies to Indians who are frustrated with the delays.
    Good luck!

    Thanks for the info buddy. Where to find more information on immigration to NZ? Please guide me on that.




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  • qualified_trash
    01-03 04:16 PM
    I think you bring up very valid points. For a lot of ppl who have stayed away from family/extended family for so long, they may not like the constant interference.

    "I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?
    yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.

    also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))

    as for what is best, we should all ask our parents and they would say do whats best for your kid because that is what they did. they did their best for us and we should do the best for our kids as they should do their best for theirs........



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  • anilsal
    07-15 09:29 PM
    to IV PO Box.




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  • chanduv23
    05-14 03:57 PM
    Does anyone know the process involved in 140 revocation? What is the INS processing fee? How much does an Attorney charge and what exactly do these employers write to USCIS?



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  • chanduv23
    06-10 06:21 AM
    multiple year eads & ap - may or may not happen
    visa recapture - no chance
    visa increase - will not happen

    still contribute??

    What we are trying to achieve is not easy. If you are involved more closely with IV leadership - you will understand the hardships being faced at every stage.
    Issues can only be resolved if we are a strong voice, and thats what we all want to be. It takes time and we have to be patient. We are in a lot better shape than we were sometime back.




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  • perm2gc
    12-03 10:13 AM
    I got an email saying that "On December 2, 2010, we ordered production of your new card" today. Me and my wife both got emails. Our wait (green in our life) for so many years came to a very happy end. My hearty wishes to all the friends who have been waiting in the queue to have best of luck.

    Regards.
    Congrats!!!



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  • CADude
    07-21 12:49 PM
    Why to remove? Please ignore and don't read if you don't like. Put self constaint buddy.


    Grim EAD situtation , Oh my god!
    Guys,
    The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!

    Hello,

    A kind request - can someone remove this kinda thread with heavy calculation from our senior member - Sorry to say but this is definitely not a good time to start this kinda discussion especially that we are filling our docs and where so many of us are stuck in our employers dealing with us who has not filled our EAD/AP.

    Please remove this thread .

    Regards,
    Zee.


    A Total I-485 Applicants: 750000 Applicants
    B Each EAD processing time: 5 Minutes
    C Total processing hrs: 62500 Hours
    (Calculations: AxB/60)
    D Daily productive Hours: 5 Hours
    (It is a government body!)
    E Total Man Days (Business Days): 12500 Man Days
    (Calculations: C/D)
    F EAD Workforce: 30 People
    G Total Business Days: 417 Days
    (Calculations: E/F)
    H Average Business Days in a month: 21 Days
    I Total Clearing Time : 20 Months
    (Calculations: G/I)




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  • Beta_mle
    06-10 07:19 AM
    The dates had approached within two months of my priority date then BAM! Unavailable. What a disappointment. This system is just so arbitrary and capricious. Makes no sense. But then maybe it does, I'm still here, working.



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  • nixstor
    03-13 11:59 AM
    How long does it take to receive the cert in mail?




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  • H1Girl
    09-10 02:08 PM
    The discrepancy is due to the fact that you are looking at visa bulletin from 2 different month. The bulletin on State department's website is for September and the one on Mumbai consulate's website is supposed to be for October.

    or, he/she should have compared them yester day as they were same as of 09/10




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  • VSS2007
    04-03 11:18 AM
    Every one is living with full of hopes.. Please no fight.




    stldude
    08-07 01:08 PM
    What's the source of of this information... Is this u'r guess or from any other source ???

    July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.




    vkannan
    03-06 05:33 PM
    Few observations based on thread postings
    1) Last year around this same time not many RFE/LUD were seen.
    2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
    3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.

    Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.

    Just my observation. Any input is appreciated.

    To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
    a) LUDs
    b) Name Check 180 days rule
    c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....



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