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  • transpass
    08-20 08:47 AM
    This is the email I got.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Post Decision Activity

    On August 19, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    There is no change in my wife's 485 status. But her EAD is approved. There is no mention of card production in the email. Looks like lot of people got the CPO email directly with post decision activity. Can somebody confirm the sequence in which it happens? How long does it take for the card to arrive? How long will it take for my wife's 485?

    'Notice sent' under 'decision' activity - Most likely means they mailed you welcome notice...
    'Notice sent' under 'post decision' activity - Most likely means they mailed you the card...





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  • sledge_hammer
    06-23 04:56 PM
    I am going to put (c)(9) for both me and my wife.


    What did you put in for the question 16 (Last Question) ? is it c9?





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  • malaGCPahije
    08-07 04:12 PM
    The point was about abusing the system to get ahead in the line. In that way labor sub shares similarity with PD porting. If a person who landed yesterday fits the job profile and the law allowed it , then what's wrong.

    On the other hand if those labor are sold for a price then it is serious problem. And thats why Lab Sub was eleminated. Now thats what is going to happen (and happening) in PD porting case.

    any action should be against the so called "paid PD porting" cases. But why harm a honest EB3 person switching companies to go up the ladder? If he is getting the benefit of the rule, what is wrong? As long he it is done by the law, I do not see any problem.

    Tomorrow, if you get a position that justifies EB1 category for you, would you not move to that category? Nothing wrong in that either.

    I endorse Pappu's comments. Wrong doers can be punished. But people benefiting by a certain rule should not be.





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  • EB2DEC152005
    08-12 05:24 PM
    I have sent an email to CISOmbudsman.Publicaffairs@dhs.gov and they responded with the following email content.



    Dear Sir/Madam:



    Thank you for contacting the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S. Department of Homeland Security (DHS).

    In order to review your case you must complete and sign the Form DHS 7001. The form can be found on our website at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman).

    We are attaching the form for your convenience. You may submit your form via-email as an attachment. In addition, please send a copy of I-140 approval notice. If you have an attorney please complete and sign Form G-28 as well.



    We appreciate your email and look forward to reviewing your case.



    Sincerely,

    Office of the CIS Ombudsman

    so I need to send DHS-7001 form and I-140 approval notice.

    I have one more question too, Should I send G-28 form also.

    Please give me some suggestions on this.

    Thanks in advance



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  • BharatPremi
    09-24 05:43 PM
    How can the current position (EB3) relevant when the new employer is filing your GC for a future job (Eb2) ?
    Does the employee need to get promoted in the current job to apply for a future EB2 job ?

    Good Question. AC21 usage introduces a "Chicken Or Egg" situation. Our limitations 1) Till we interfile we have to show us fulfilling EB3 job calssification related obligations ( that also is a "future" postion in reality). Now if EB2 application is from "same employer" then that employer can logically produce the letter matching EB2 level experience after "real and natural skill progression" only to prove that you are fit for more advanced skill level job in other words after wait for 2-3 years.





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  • bobzibub
    05-07 12:49 AM
    Hi friends,

    My husband and me work for the same company now. He applied in EB3 (India) and PD date with December 2006. I-140 approved and I-485 applied in July 2007. Got EAD and AP for both but still working on H1B (Not used EAD and AP).

    From other company, in 2007, I applied for labor substitution and it is approved yesterday, which has PD Nov 2004 (EB3 - India). One of my friend working for this company and I got the reference last moment and I was not hoping for this approval.

    Now I have to switch to this company as the company management are asking me to join the company. I read many threads in this forum and this thread too about multiple filings of I485s and withdraw one while applying other.

    I read some people had no problems with multiple I-485s. But Murthy's advice is against this while others like Rajiv in favour of this.

    Please advice me what could be the best in my case.

    I have PG in engineering (CS) from India.

    Thanks in advance

    We may be talking about the same thing...I believe that ALIA as asked USCIS for clarificatin about spouses both filing (my wife and I both have.) Only I have no EADs or AP on my application. Just straight 485. My wife's 485 has EADs, APs, for both of us. Now both of our lawyers said it would be fine. It is not about what USCIS wants, however--it is about what they will lose court cases over. They can't possibly dissallow multiple applications after the fact, after we've paid for them. If USCIS was going to x-nay this, their window of opportunity is over. By not barring it, they've defacto allowed it.

    Cheers,
    -b



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  • answers_seeker
    07-09 10:54 PM
    This is just a message to 2005/2006/2007 PD guys. Please don't think that some miracle will happen and dates will be current soon, it will take its own time. Mostly for EB2 & EB3June 2006- June 2007 guys, it will be like a lottery if the PD becomes current somewhere in 2007 Oct-Nov time. Right??
    So life is not always easy. There are people waiting since 2002-03-04.
    Don't think that life is not a FIFO always.

    Why some of the guys became violent when I said, INDIA IS GREAT???
    Guys.. do you know why I always feel like this???

    As my parents,in laws and most of my relatives stay there. Not only mine, allmost all guys who are in the IV, they must have parents and relatives in India for sure. There is no other reason why I said India is great.

    Someone asked me to pack up... YES, I will if nothing happens;however, I will be waiting to see the progress for sure. This is July. Let's have a look over OCT bulletin after 2 months and for sure dates will move atleast 4-6 months for EB2 guys and 1 year for EB3 guys. So wait, be patient, instead of doing all this.
    Anyway, our turn will come sooner or later, so why to become impatient just seeing the JULY bulletin CURRENT and then "U".

    Mainly this is the message for 2005-2006-2007 PD guys. Please don't take it otherwise.

    In the name of thinking differently we have smitha, senthil1 , asdqwe..and these guys confusing this struggle / fight for us trying to get ahead of the line or as senthil1 keeps saying uscis/dos made an honest mistake and asdqwe..keeps saying we need to fight for legislation rather than wasting time with these efforts. What all these guys and their ilk fail to understand is most of us are pissed off about the way it was implemented and handled rather than the ability to file AOS itself. If we sit and do nothing is like asking uscis / dos to walk all over us again and again. Besides in US law whenever there is a gray area, the decisions are based on precedents. This means if they have done this now means they can do this in any bulletin hence issued. They can issue a bulletin in Oct 2007 and on Nov 2 say "oops sorry my bad wrong bulletin" . Please come out of the basement and face the sun.





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  • dhesha
    08-16 04:42 PM
    Congrats Dhesha, dos you open any SR?

    Thanks. Ya I opened SR, Ombudsman, InfoPass and CongressMan. Not sure which one worked if any.



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  • shreekhand
    09-12 10:52 AM
    wait for atleast 4 (6 is better still) months to figure out if it is in the "stuck in NC" status !


    but it is pending with FBI since Aug 1st. Looks like they also check for fragmented names.

    This is my opinion, not an advise. Use it at your own risk.





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  • SunnySurya
    11-03 03:22 PM
    Not going anywhere, just providing the updates. We got what we wanted but at the same time did not like the way we got it.
    Please clarify where exactly you are going and whats your proposal. Please be more objective and cut bureaucratic statements.



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  • chanduv23
    10-29 07:31 AM
    Dear IVans - there will be more discussions and analysis coming on IV in the coming days.

    At this time, please participate actively in this campaign.

    If anyone thinks that this does not affect me because my ex employer won't revoke 140 or I am having US masters or I work for best company or I have unique skills and whatever you think , you are making a big mistake by taking this issue for granted.

    AC21 Memos (Yates & Aytes Memos) are not legally binding. They are just USCIS guidelines and not legally-binding (on USCIS) regulations.

    So, potentially anyone can be a victim.





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  • karl65
    03-26 11:15 AM
    Unfortunately there is no law that clearly prohibits descrimination based on visa status (at least I am not aware of one). In fact the legal pressure is just for the opposite, that puts additional burden on the companies to make effort in hiring local workers first. The corporation can always say they have a policy to not hire someone with temporary work permit and there is no law against it. It is sad but that's how it is.

    Yes there is one. I was teaching Consumer Ed for ELL students (at high school level) and we were studying how to deal with interviews. According to the law (please refers to DOL agencies- They can help you) NO BODY can ask you if you are a citizen or legal resident during an interview. They can only ask you if you are authorized to work in USA legally. If they ask you if you are a citizen it is discriminatory and you have the right to do not answer explaining your rights. A good HR guy knows about that!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!



    So this guy from Capital One made a huge mistake to mention the EAD (he could be fired because repercussion of this email. Of course they can discriminate when they are going to make a final desition.It happens in USA a lot. If you have a pregnant woman probably you are going to choose one who is not. But this is not the point. The point is that if you tell the girl sorry but we don’t hire pregnant women they are death!!!!!


    Please find more information at DOL website. Many Universities have fliers explaining your rights in HR office.



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  • Caliber
    09-24 02:52 PM
    Since the forecast is EB2-I will be current in a few years. Does that mean that someone with a PD of 2009 (EB2) would get the GC faster than someone with a PD of 2004 (EB3)?

    Unfortunately YES.





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  • JaiHo
    09-24 02:59 PM
    I am not considering any spill over etc...

    here is what says on visa bulletin
    Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)

    The worldwide level for annual employment-based preference immigrants is at least 140,000.

    EMPLOYMENT-BASED PREFERENCES

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
    preferences, not more than 10,000 of which to "Other Workers".


    worldwide level = 140000
    EB3 = 28.6% of 140000

    can you please clarify ?


    no...
    You are assuming that the spillover from remaining countries in EB3 will be allocated to EB3 I/C/P/M. The spillover rules that changed in 2007 will ensure that those visas will first go to E1 -> EB2 and then fall to us if there is an overflow. Unfortunately that will not happen because there are many retrogressed individuals in EB2 and they will get the visas first.



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  • desitechie
    09-24 06:49 PM
    Do they offer unlimited india plan? I never heard of it.

    I know teleblend offers unlimited india plan for 49.99 per month. This is almost double to vonage.

    ALLVOI is like 1300 minutes for 19.99/month.





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  • pointlesswait
    01-08 09:40 AM
    Inclde this below ur signature???
    I have mailed mine!! "We Shall Overcome"

    ---
    PD: Dec 2005
    EB Category: EB2

    Current Status: Processing Jan 1 , 2000
    Estimated Wait: 5-10 years

    ----



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  • unseenguy
    06-16 12:37 AM
    Dude are you kidding me ... I am reporting a violation/fraud and I should hold my head down?? what kind of moral/ethical values you have.. I am keeping my head up (may be an inch or 2 higher than last 3 weeks) as my project manager and director (middle management ) fully supports me in this crusade. Most of the cases, upper management decides to replace all the local contractors with these outsourcing firms and once the contract is signed these companies dump all their L1 resources to projects and middle management who deals directly with the resources has minimal say in the process.

    Let me ask you a simple question.. WHY ARE YOU SUPPORTING THIS FRAUDULANT ACTIVITY??? .... think for a minute and then decide whether to reply me back or not.. bye.
    'Mileage for this complaint'.. in an economy when millions with eligibility are job less .. case regarding this fraud will have ZERO mileage! want to bet me on this .. come on dude.. come on. If you are on L1 visa talk to uer management and get it changed to something legally eligible to work on your project, instead trying to measure the mileage of L1 fraud, ICE/USCIS will measure that and we'll see whos head is going down here...

    I am neither supporting you, nor am I supporting TCS/WIPRO. But I am seeing things from your client's perspective. Your client and director who ever they are , they might be saying one thing on the face and getting ready to save their company in the background. You know corporate world is a nasty place. Every recruiter who talks to you makes you feel as if he is the hiring manager and you have got the job, but does it happen that way? No. Similarly, your client is buying time and soothing you, I am not sure they are sincere about their comments. Everyone has some motive or personal interest in supporting things.

    And to be honest, I doubt if you can come clean , hold your head high and say in public, I did it. If you do so , I will respect you as a whistleblower. Other wise, you are just mad that your are losing the job to others. If they cant get l1 on site, they will send the job offshore. There is not much you can do. Your client is towing your line until a smooth transition and then they are done with you , anyways. Its better you read writing on the wall and move on. You can invest the same time in finding other work and still have good relations with the current client. You never know when economy gets good, they may want you back at a higher price. But if they get to know you are doing this, most likely you will end up on some blacklist and I am not trying to scare you but world is a small place and you will run into same people many times.

    My moral ethical values here are, someone doesnt want to work with me for some reason, whether they are doing their business with others ethically or unethically or illegally is upto them. I am moving on without a bad taste in mouth or complaint. It is company's choice whether they want to pay me or someone else. If they want to send my job offshore, they dont want to work with me for whatever reason, so I got to move on without complaint, thats my ethical value. whether others are doing it ethically or unethically is not my problem. You can choose to fight this, but your victory will only be temporary, say 6 months.





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  • nandini
    12-30 12:26 PM
    Dec 14th,yes, Dec 14th itself,mumbai,H1B, renewal only





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  • sheela
    09-27 06:06 PM
    PD has no effect on filing a civil action as visa bulleting is changing every month. My friend in Oregon got I-485 approval after filing Wom even though his PD is not current on the latest visa bulletin.

    I thought uscis generally followed 'first-in-first-out' rule. That is one reason I-485 receipt notices never show PD. Am I right?





    kumar4875
    03-31 10:39 AM
    That's because the existing cases have not had a chance to file their I-485 and therefore are not visible in that report. Does not mean they don't exist. My case is a perfect example of that. I'm not counted in that report but I certainly exist! :-)

    Thaks for correcting me.any way I hope they Does that :D





    Macaca
    07-18 09:03 PM
    can some of you guys pm me Lou Dobbs-related issues? i'm trying to make a blog entirely focus on Lou Dobbs lies. thanks.
    Can we all take a month from his list of trancscripts and read through his transcripts and see which one has the H1B mistatement. I think he said this sometime in 2005 or 2006 we only need 24 participants.
    'http://transcripts.cnn.com/TRANSCRIPTS/ldt.html

    It is very important that we have all Lou Dobbs resources handy in one thread. I blog his LIES and need this info very quickly before the blog closes. Please contribute to this effort. Thanks!

    Please note that we need to collect facts (with URL) rather then IV member opinions!



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