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  • GCBy3000
    07-19 04:00 PM
    Yes, you can.Check with your attorney

    I have a question about a unique situation of getting stuck in BEC and applying 485 with a newer PERM case. If LC is stuck in BEC at this time, but the person has a new PERM+140 from a different location and applies 485. Can this person change the priority date of 485 when the old LC from BEC gets approved, and 140 approved, to the BEC PD?




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  • akhilmahajan
    10-22 11:32 AM
    Dear Sir:



    Thank you for contacting the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S. Department of Homeland Security (DHS). CISOMB is an independent office that assists individuals and employers in resolving problems with the U.S. Citizenship and Immigration Services (USCIS). The new CIS Ombudsman is Mr. Michael Dougherty.



    Please understand that our office does not adjudicate petitions and/or applications for immigration benefits, but instead, where appropriate, we act as a liaison with USCIS to facilitate review of troubled or long pending case matters.



    As you claim that you are experiencing problems with a pending USCIS immigration filing, we kindly request that you complete and submit a Form DHS-7001, CIS Ombudsman Case Problem Submission to us. A copy of the DHS-7001 is attached: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. At this time, case problems may not be submitted through facsimile or email due to confidentiality and Privacy Act issues, so we request that you please mail the completed and signed form, with relevant 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



    Do allow 14 business days for our receipt of your form as our mail goes through a biological agent screening. Once we receive it, we will send you postal mail of receipt confirming same, and we will initiate review of your case problem. For further information, please consult this website: http://www.dhs.gov/cisombudsman.



    Very truly yours,



    CIS Ombudsman




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  • andy garcia
    10-01 11:28 AM
    Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.

    This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.

    Can the IV community do some thing to improve the whole situation?

    Thanks h1techSlave;

    I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
    just because I said so.

    Remember that this system was designed back when there was one single queue.


    You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
    After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
    After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.


    Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued




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  • 485Mbe4001
    01-26 05:54 PM
    I think there was a call last week at 7:15 which i missed, i checked my emails late.



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  • Jimi_Hendrix
    11-20 05:50 PM
    Can you e-mail me at amitg_2000@hotmail.com with your contact information and your availability this week for a conference call?




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  • eb3_nepa
    07-11 10:50 AM
    Not to put any dampers here, but this is extremely frustrating for the EB3 India folks. I mean how freakin long do WE have to wait before we get our turn!



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  • gc28262
    03-11 01:49 PM
    My application was finally approved yesterday after almost 7 years in queue. Here is the sequence of events right before the approval.

    RFE email on 02/13/09
    2nd Biometrics Notice received on 02/17/09
    Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
    Completed Code 3 Biometrics on 02/26/09
    Soft LUD immediately after Biometrics on 02/26/09
    USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
    Another soft LUD on 03/02/09
    CPO email on 03/10/09
    Welcome email on 03/10/09

    My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.

    Congrats !
    Happy to see another free bird flying off USCIS cage.




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  • chanduv23
    05-15 10:58 AM
    When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.

    Ok - any ideas how we can ask? What fee waiver are we asking for?

    We need to understand if there is a system in place for fee waiver?

    To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.

    Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.

    I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.

    thats why we need innovative ideas to deal with this.

    Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.



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  • EndlessWait
    07-24 04:19 PM
    After all sardarji can make a joke:D

    stop making sterotypical comments.




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  • bharol
    07-11 01:14 PM
    This bulletin does prove that very few labor certificaions were done in 2005, due to move to PERM.

    And those who had applied in PERM in 2005, got their GCs already..
    I know a few who applied in PERM as soon it was introduced and got their
    GCs last year.



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  • leoindiano
    03-07 07:52 AM
    We may have to believe him....

    It doesnt mention Hillarys lastname though, thought that is funny....She was in Brussels this week though...

    Like Hillary, Who?




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  • GCBy3000
    03-10 12:02 PM
    http://www.shusterman.com/pdf/specterbill30906.pdf



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  • I_need_GC
    03-13 12:49 PM
    I drove back from canada today. and I though I should post my experiance at the buffalo border crossing.

    Drove up to the IO gave him my AP and passport. he gave me a token number and asked me to go into the office. Very polite. parked my car went into the office.

    waited for about 40 minutes then they finally called me. the lady was very polite soft spoken she had already gotten all my papers ready like new I-94 card. stamp on AP and passport. She asked for my old I-94 cards I handed here all my old ones (i had about 6, since i first came on student visa then switched employers) i mentioned to her that I lost one of my I-94 would a photo copy work and she said yes thats not a problem. after she took all my I-94 cards stamped my passport with ap exiration date same on i-94. I mentioned to her that I will going back and forth to canada very frequently and she jokingly said then I will be seeing you alot.

    No other questions were asked. the whole process went very smoothly.

    O a friend of mine told me if asked purpose of visit outside US don't say vacation on AP that pisses the IO's because AP is only for emergencies originally.




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  • ychousa
    07-19 12:00 PM
    I checked CIS procedure in the following site: http://www.imminfo.com/resources/cissop.html

    According to the procedures, until they enter data into their central sytem, it seems it's pretty tough to say that they intervene somewhere and sort out by PD. Section 6: Workload Distribution might be the key to answer our questions, but the section is missing.

    So they enter the applications in the order they're received, and each application is given an "RD." The "RD" indeed plays a role in the adjudication: https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    I wish I got an answer from someone in CIS.



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  • himu73
    09-10 01:49 PM
    contributed 100$. All the best for the rally




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  • Robert Kumar
    03-15 05:43 PM
    btw you can check it out at

    welcome to the icert portal (http://icert.doleta.gov/)

    !!! T h a n k y o u !!!



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  • kumhyd2
    07-22 03:38 PM
    joined the yahoo group.

    Others may put a message about their joining here.




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  • gk_2000
    08-23 11:06 AM
    No dear friend...what if you are already inside this country and waiting for 10 years. Even if you become a manager in these companies, you wont be eligible as you had to have at least one year outside the country. So progressing not going to help. How about a person who is less qualified, less experienced getting GC in six months when you wait for 5-10 years. Its not about jealous, its about fairness and justice. Dont bring in EB2-EB3 here. We are all in this sh*&t togather.

    At the end of the day what matters is you have an option open via this route. It is your personal choice if you would rather wait here 10 years or work in your home country for 1 year. Why shut a door that's meant for you? Opportunity is very hard to come by




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  • a_paradkar
    07-14 01:46 PM
    10$ from em 2.

    Thanks IV




    amitkhare77
    11-09 08:18 AM
    Yes I think so too. specially I am EB3 India Dec 06, who know I will be current next July-Aug-Sept. hopefully this is the last EAD renewal (valid Sept until 2012)
    Thanks for the reply. 8 or 10 months. Its still worth it. You did the right thing. Congrats and good luck!




    genius
    11-19 10:09 PM
    Pasadena,CA (Los Angeles County)



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