Sunday, September 4, 2011

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  • eb2_mumbai
    10-16 11:05 AM
    eb2_mumbai,
    Most your recent postings are logical but still so much red here- I gave you green.

    Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)

    Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.





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  • sgurram
    04-30 12:49 AM
    mine reached on the 27th. I had last update on 27th and 28th





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  • aadimanav
    10-19 11:27 PM
    Processing Time Upated

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

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





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  • nk2006
    08-04 10:02 AM
    So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.

    Wow...that's a nice story...in a way its sad that somebody has to wait for long for no apparent/valid reason, on the other hand its nice to know that his latest efforts succeeded at the end.

    This shows (if there are any doubts) how bad is the administrative efficiency of USCIS. There might be several more cases where people are just waiting. Thanks to IV for working on a few administrative efforts recently - but examples like this show how much more to be done.

    On a side note: if this is an IV member, first of all congratulations and secondly please consider giving your details to IV core so that they may use quoting your case in arguing for better administrative changes at USCIS.



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  • Vijh1
    04-29 01:22 PM
    Doing smart things like this may get you deported from the US without any chance of return for 5 years . Be honest and follow the law .It against the law to work in one country and get paid in another .

    Thanks for the reply. We didn't really work. But my spouse came here in 2003 march. Then she was in vacation for next 1 year the finally resigned. Indian employer gave relieving letter in April 2004. So Practically is my spouse an employee of indian compnay until Apr 2004 and can it be shown towards the experience? That's it.





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  • jags_e
    08-30 02:58 PM
    There is a main article on the reverse brain drain in EE Times and it mentions the IV's September 18 rally too.
    The link is http://www.eetimes.com/news/latest/showArticle.jhtml;jsessionid=314X3PTACJUWMQSNDLOSK HSCJUNN2JVN;?articleID=201802703

    EE Times: Latest News
    Green-card red tape sends valuable engineers packing
    Disenchanted with life in immigration limbo, San Antonio resident Praveen Arumbakkam is abandoning his American dream and returning to his native India.
    A senior programmer at a fast-growing IT company, Arumbakkam volunteered for the Red Cross in Texas after Hurricane Katrina hit in 2005. He worked on disaster recovery management software to locate displaced persons, track donations and organize aid distribution.

    He had hoped to start a nonprofit disaster recovery management solutions company in the United States, but now he's decided he doesn't want to wait any longer for his green card.

    When professionals such as Arumbakkam give up on the States, it creates serious economic consequences, said Vivek Wadhwa, lead author of a study on the subject released last week.

    "We've set the stage here for a massive reverse brain drain," said Wadhwa, Wertheim Fellow at Harvard Law School's Labor and Worklife Program.

    By the end of fiscal 2006, half a million foreign nationals living in the U.S. were waiting for employment-based green cards, according to the study, released by the nonprofit Kauffman Foundation. Titled "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," the study was based on research by Duke, Harvard and New York University. If spouses and children are included, the number exceeds 1 million.

    The study looked at the three main types of employment-based green cards, which cover skill-based immigrants and their immediate families. Including pros- pective immigrants awaiting U.S. legal permanent resident status but living abroad, the numbers hit almost 600,000 in the first group and almost 1.2 million in the second.

    The number of available green cards in the three categories totals approximately 120,000. "If there are over a million persons in line for 120,000 visas a year, then we have already mortgaged almost nine years' worth of employment visas," said study author Guillermina Jasso, an NYU sociology professor.

    The report also notes that foreign nationals were listed as inventors or co-inventors on 25.6 percent of the international-patent app-lications filed from the United States in 2006, up from 7.6 percent in 1998.

    U.S. companies bring in many highly skilled foreigners on temporary visas and train them in U.S. business practices, noted Wadhwa, an executive in residence at Duke University's Pratt School of Engineering. Those workers are then forced to leave, and "they become our competitors. That's as stupid as it gets," he said. "How can this country be so dumb as to bring people in on temporary visas, train them in our way of doing business and then send them back to compete with us?"

    Many in the engineering profession argue that American tech employers take advantage of the work visa system for their own benefit. They state that though there is plenty of American engineering talent available, employers use the programs to hire cheaper foreign labor.

    And others counter the concern that large numbers of foreign residents will depart America. Most immigrants who have waited years for green cards will remain firm in their resolve, given the time and effort they have already invested, believes Norm Matloff, a computer science professor at the University of California at Davis. "People are here because they want to be here," he said. "They place a high value on immigrating."

    But while Arumbakkam wants to be here, he has had enough of waiting. And his story is typical of those foreign-born tech professionals who return home.

    In July 2001, the then 27-year-old Arumbakkam arrived on a student visa to get his master's in information technology at Clarkson University in Potsdam, New York. He has a bachelor's degree from the highly ranked University of Madras in southern India.

    Arumbakkam said he "pretty much loved the society and the infrastructure for advanced education" in the States. In the post-Sept. 11 climate toward foreigners, however, he found it difficult to get work. After sending out countless resumes, he took an internship in Baltimore, followed by a job in Michigan.

    That post didn't bring him any closer to his goal of permanent residency, however. He next took a job in San Antonio and insisted his employer secure him a green card. About that time, the government established an "application backlog elimination" center. "My application went straight into this chasm. I don't know what happened after that," he said. "That was pretty much a blow."

    In 2005, he landed his current job, where he's happy with the work environment and the salary. His employer applied for a green card when the government rolled out an online system that was supposed to streamline the process.

    But since then, with two applications in the works, Arumbakkam has been waiting-and waiting. In the meantime, his work status can't change, meaning no pay raises or promotions.
    Page 2 of 2


    Arumbakkam knows plenty of others in the same boat. In early 2006, he ran across Immigration Voice, a nonprofit national group that supports changes in immigration law affecting highly skilled workers. The 22,000-member organization includes professionals in a wide range of fields, from engineers and doctors to architects. Many have families, and all are stuck in the legal process.
    "I heard horror stories," said Arumbakkam. One is the tale of a quality assurance engineer employed by a midsized consulting firm in Oklahoma working with Fortune 50 companies. The Indian engineer was hired at a salary that was 30 percent lower than he expected. This was in exchange for the promise that his employer would file a green card application. He was told the money would go to attorneys' fees.

    For four years, the engineer asked about his application and was repeatedly told it was coming along. The employer blamed the slow progress on the law firm. In fact, the employer had never filed the application. Finally, the engineer found other work and restarted his efforts to obtain permanent residence.

    In another case, a senior strategic projects manager who has an engineering background and is working for a Fortune 100 company has been waiting 13 years for his green card, Arumbakkam said.

    That manager, also Indian, applied for permanent residency in Canada at the same time he applied for it in the States. After 18 months, Canada offered it to him and his family. His wife and children moved to Vancouver, B.C., where he visits regularly while waiting for a change in his U.S. residency status.

    Indians in the United States often have too much trust in their employers and lack knowledge of resources that could help them understand their immigration options, Arumbakkam said. He plans to attend an Immigration Voice rally in Washington on Sept. 18 to urge congressional action on immigration.

    But he isn't optimistic. "I just feel that I'm getting pushed further down as far as my career is concerned," he said.

    ...................



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  • obviously
    12-08 10:57 AM
    - make sure that you identify yourself and your LEGAL status
    - consider using following 'talking points' to reframe the dialog
    - focus on these underlying interests to make it clear that the dialog has many facets and there is common ground with larger interests
    - be personable, nice and kind
    - good luck and all the best!!

    In support of SKIL and other relief measures for High Skilled Immigrants:

    NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
    HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!

    CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
    HARD TO BELIEVE? Just look at H1B's stuck in companies and jobs for years with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available.

    HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
    HARD TO BELIEVE? Just look at women of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.

    It is EASY to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!

    Respected elected official, I urge you, beg you, beseech of you to consider the net-economic value and social value that we, the highly skilled immigrant workforce continue to bring to the USA.

    We seek neither entitlement nor social promotion
    We seek no social service
    We seek no special treatments

    We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!

    History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?





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  • indianabacklog
    08-06 07:37 AM
    I-140 was approved on october 08, 2002
    and it was filed on may 20, 2003

    i dnt think that my dad filed I-485.
    Since the I140 was approved in October 2002 and the visa became current in August 2003, from my knowledge you had until August 2004 to file the I824. The CSPA seems to be very clear you have one year from the time the visa BECAME current so you would have been one year late in applying.

    Be assured I know this aging out thing is awful my family is a victim of it too. I see no pleasure watching others suffer.



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  • godbless
    07-20 06:03 PM
    Do we need to send the original i 140 or just copy of I 140 is fine ? I mean do we need to send original I 140 to USCIS at any point in the 485 filling?





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  • walking_dude
    12-05 02:10 PM
    I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?

    Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.



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  • man-woman-and-gc
    01-18 01:15 PM
    The USCIS procedures do not follow any logic....all of you need to join the Letter Campaign started by IV if you have not already.

    That is the only ray of hope that I can see for now.





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  • 485_spouse
    05-25 02:53 PM
    Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.

    did it last month.
    It will take atleast 6 weeks.
    485_Spouse



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  • dhirajs98
    08-18 02:15 PM
    whats your receipt date and service/center (NSC/TCS)?

    It was in NSC and Receipt Date was May 29th 2007.





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  • sodh
    07-24 10:28 PM
    Passport is a travel document and has to be in order if you are travelling or have to stamp a Visa,but your I-94 has to valid when you are applying for AOS.



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  • hsingh82
    04-14 08:11 PM
    My Perm got filed today :).. atleast 1st step in the door.





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  • jayleno
    08-31 09:40 AM
    GCFISH,
    whaddoyammean by 90% of us? Speak for yourself. Who did the statistic anyway. stuckinretro is right to some extent atleast from my experience.



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  • chee
    02-15 10:11 AM
    My I140 is pending since MAR 07 (waiting for almost a year)from NSC...still no LUD or decision...its very frustrating:confused:





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  • EkAurAaya
    06-19 09:15 AM
    my mom gave up her green card back in early 80's and she has had no problems what so ever in getting vistors visa since then (in fact it made it easier to get vistors visa (for the entire family) because it clearly shows no intention of migrating to US).





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  • pune_guy
    10-05 02:39 PM
    In my opinion you should be OK.

    I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.

    Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.

    If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.





    gjoe
    01-03 04:38 PM
    I think USCIS process cases based on the I485 RD. The IO gets the file and he approves if everything is ok with the file and assigns a visa number if it is available, they generally don't care about the PD because they don't want to go back and review the same file. They are doing their best to complete work on a file in one go instead of putting it through multiple queues and re-visiting the case again and again. Bottomline they are working effeciently by using their manpower more productively instead of going back and forth on the 1 million I485 files.

    This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.

    I maybe wrong, but the trend suggests what I have mentioned.





    helpfriends
    04-17 09:55 AM
    and yes, it's a very odd situation. Hard to explain and maybe I should have tried to clarify more earlier.

    From what I gather(heard 3rd party), the foreign parent company set up an office here in the US over a year ago and this person came over on an L1visa and has been here since early 2007 working, and traveling back and forth to their home country and paid wages by their foreign employer. This new office/company has not done much,if any business, direct in the US(no employees, etc) the past 1st year of their visa.

    The same foreign parent bought a majority share of a 2nd company in the US end of 2007 which is established here. The foreign parent filed an L1A visa petition for this same person, early 2008 on behalf of the newly bought US company which did get approved? Like I said, for whatever reason, this person came over here early(stupid!) with that green card waiver and has been working. I do not presently know if he has gone back for an interview and made it back with a visa or not at this point?

    All in all, I think this situation is getting worse from the sounds of it.



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