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  • wanna_immigrate
    05-06 10:17 AM
    I am in a similar boat I got by second 140(EB2) approved this week. How do I know if my date is ported? Acutually I dont care about porting date I just want to find out if my new approved 140 is now referrencing my 485(filed under EB3) filed in July 2007.

    Thanks in advance for help.

    I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey

    1. Initial labor
    a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
    b. Approved - August 31 2006

    2. EB3 I140 (NSC)
    a. Filed - October 11 2006
    b. Approved - April 6 2007

    3. I485 (NSC)
    a. Filed - July 19 2007
    b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)

    4. Perm
    a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
    b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
    c. Approved - Feb 15 2011

    5. EB2 I140 (TSC)
    a. Filed - March 9 2011, Premium Processing
    b. Approved - March 21 2011 (A# and Priority Date retained)

    6. Interfiling
    a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
    b. March 29 2011 - Lawyer sent the official Interfile Request
    c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
    d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
    e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
    f. Waiting on the physical cards to take a long break :)

    Wish the very best to everyone else waiting on the GC line.




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  • lonedesi
    08-04 04:15 PM
    Letter to be sent for an I-140 petition pending at NSC:

    From,
    First Name, Last Name
    Address,


    To,
    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Dear Mr. Ombudsman:

    Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners

    I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.

    This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.

    Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.

    Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.

    Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.

    I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.

    Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.

    Sincerely,

    --------------------------------------------------------------------------------------------------------------------



    Please post a comment on this thread so that we can track how many members actually participated in this campaign.




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  • she81
    08-13 05:01 PM
    Have you given a thought or spoken to a lawyer about starting EB2 PERM when your EB3 140 is pending? After your EB2 PERM is approved, you have 6 months before interfiling your EB2 140 with your EB3 PD. I think that is long enough for your EB3 140 too be approved.

    AFAIK, this can be done with little or no risk to your EB3.

    Yes, but my current company is not willing to file a second EB2 case for me.




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  • jayZinDC
    06-11 06:53 PM
    a small contribution for now I will set up recurring soon. Can't thank you guys enough for being such a great support network. Not to be preachy, are we the same people who stood an united front against the Brits?





    Paypal Receipt ID: 3JA591826E386220Y



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  • thomachan72
    06-04 11:35 AM
    OK here is a question.
    Person working for past 4 years in the US.
    Applied LC this February (2/26/07)
    wants to go to canada and then reenter may be next year.
    According to the new point based GC system--
    1) Will the person get points for the 4 years of work in the US? (those 4 years were continuous, however, the person applies for GC after the canadian break of lets say 1 year)




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  • 9years
    12-02 05:41 PM
    Just noticed there is an update on LUD on my previous EAD (not the current one). Not sure what that means though. Still waiting for response after sending interfiling letter.
    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.



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  • makemygc
    07-06 01:09 PM
    Thats what he is saying.. he is an expensive lawyer...

    and about crap---who the hell are you to decide... if you dont like then just ignore the post...

    I'm sure he is an expensive lawyer....care to expose his name?
    What happened to his prediction on 12:15AM stuff in your last post. Can you please ask him?




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  • vayumahesh
    10-29 10:48 AM
    Hi 9Years,

    Do you see any LUD update on your I-485 case ? I think when I-140 was approved and EB3 date got ported, USCIS may have touched the I-485 application.



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  • gimmeliberty
    07-24 11:39 AM
    From what I understand many 485 applications(not all)received in accordance to the June bulletin MAY have been preassigned a visa number(from the leftover 60,000 visas) NOT an approval.Although they are not supposed to pre assign numbers without name checks etc, is'nt it obvious that they might have done that??. They have a lot of cases to approve until Sept 30(from that 60,000 number)



    But how cud they accept and process the application if his date was not current in june ??




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  • GCBy3000
    07-06 05:23 PM
    I am not seeing this in mathew Oh site. Where did you get this from?

    From OH mathew

    --------------------------------------------------------------------------------

    07/06/2007: Revised July 2007 Visa Bulletin

    The State Department has just released new July 2007 Visa Bulletin rather than "Update." It appears that this is intended to make it official July 2007 Visa Bulletin rather than previous release which was "update" in anticipation of the ALF class action lawsuit. One of the claims which have been addressed by various sources, INCLUDING THIS WEBSITE, was whether "update" can be considered a revised Visa Bulletin for the purpose of the regulations of DOS and USCIS. If it is not, the USCIS would have no authority to reject the I-485 applications in July.
    There is still confusion as to which one is considered July Visa Bulletin which is provided in the DOS and USCIS regulations as they have released three versions: (1) Visa Bulletin released in June; (2) Update of July Visa Bulletin; and (3) July Visa Bulletin which has just been released today. This can affect the definition of "class" of the class action and latter two releases can fall under the two different classes. I wonder why the DOS is adding further confusion to the nation which is already in a state of extreme confusion and in despair because of their previous action.

    http://www.immigration-law.com/



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  • Milind123
    09-15 08:30 AM
    thanks Zappy pvhemanth :)

    Thank you Zappy & pvhemanth for the very nice contribution. I thought you would come after our three sponsors have pledged. That was really nice of you.

    May I now request contributions from the people who have contributed only once? If you have contributed some time back please consider doing so now.
    Also, if you have contributed before and do not plan to contribute now, we would like to know the reason? There is obviously some disillusionment. If you don't feel comfortable posting, feel free to send out a PM. We will try our best to address your concerns. Remember your contribution before the rally is slightly more beneficial for IV.




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  • yabadaba
    11-15 02:30 PM
    ^^^^



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  • paskal
    09-30 04:07 PM
    USCIS can process recaptured numbers. If 200k numbers are in one year USCIS will plan for 200k numbers in that year.In 2000 they processed more applications after a immigration reform. One way of preventing wastage is plan to process all the applications in 11 months. If any unused numbers can be processed in that one month.

    if they give green cards for sucking up?

    and by your usual logic, why can't they plan for 140,000 every year? they know in advance don't they? there has been a year in which almost half the green cards were wasted- look it up yourself- the fact remains that they waste every year and it is useless to expect that they will suddenly and consistently do much more than is being asked now. unless...something changes...

    just for my info do you find anything at all wrong with the whole process? or are we just misguided fools that you are here to educate?




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  • leoindiano
    02-23 03:47 PM
    Check for LUD;s on your already approved I-140, that may mean something, i gather from some GC holder's experience...



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  • chanduv23
    11-17 05:16 PM
    Update: Googling and found the muthy forums thread what I was mentioned earlier.

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961

    some ppl reported succssfully renewed EAD, AP while appeal to 485 denial was pending.

    Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.




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  • khukubindu
    01-03 11:42 AM
    Hello,
    We ( I and my wife) applied I-485, AP and EAD on July 26th, 2007 got recipt on Sep 26 th,2007. Finger printing done on Oct 31, 2007. My wife got her EAD and AP( 11/09/2007) and I got my EAD but my AP is not approved yet. I contacted with Texas Service center and they told that our (for me and my wife) namecheck and finger printing have been cleared. But my AP is pending because of background check. I asked is it different kind of check , she said yes but as usual could no tell how long it usuallky take to complete this kind of check and also when this background check has been requested.

    I need to travel in January. Does anyone has the same situation ? Please reply



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  • Marphad
    03-17 01:17 PM
    min contribution required is $25 per month

    I support donations but not mandatory donations. Its not a good idea.

    More, I want to understand little more about this. Is it $25 only per month minimum subscription to visit donor only forums for every one?




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  • rajusk
    09-10 04:42 PM
    Friends,

    I just contributed $100 for the campaign.

    I will be there in DC on the 18th. Still debating whether to ride the bus or do a ride share.

    I live in the NJ area


    Hello friends - Just contributed $100..(Google Order # 265811536249307)
    Appreciate all the help & effort IV is doing for us..!! Thanks a ton.!! Will be there in all our might on Sept. 18th...!!! GOD BLESS IV...!!!




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  • mbartosik
    06-23 10:43 AM
    I've already entered details into http://www.trackins.com

    Data was:
    PD 12/19/2002
    Approved EB3 RIR 6/14/2006
    received copy today
    Originally NY DOL
    Philly BEC

    That was 1272 days

    Here is a little good news for most....
    I had estimated that I would get my approval around beginning Sept, but I got it about 6 weeks earlier. I had been tracking estimating etc., also I had asked a paralegal about whether her customers were being processed in order or if people were disappearing into black holes (as a few appear to a trackins.com). None of her customers were in black holes.

    Currently it does appear that Nov and Dec 2002 are being processed at Philly BEC, and in general it does seem to be advancing in date order, with a few approvals now being a few months behind (oldest approval recieved in Dec 2006 was Aug 2002) so the spread was Aug 2002 to Dec 2002 being processed in June 2006. This is based on info at trackins.com and my paralegal's customers.

    Also from trackins.com it appears that most 45 day letters have been issued.
    They made a public commitment (and in court) to have data entry done by end of June 2006 (i.e. next week). So anyone who has not received a 45 day letter by the end of July should be banging on their door. They appear to be close to all data entry done, so that estimate looks to have been credible. Thus their estimate of all applications processed for Sept 2007 gains some credibility.

    Also I based my estimate of when I'd get my LC partly on their estimates of when they'd finish LC processing.




    akr_roy
    09-09 06:57 PM
    Withiin 2 hours of posting this message, late in the night we have got 8 people contributing $100 each. Thanks for the spirit. I am sure with everyone's help we will reach our target sooner and can easily commit our resources for the rally.

    Ok,

    I just made a $200 Google contribution. Thanks core for the effort. I am sure at this rate, it will become a mass movement!!

    regards
    arghya




    pitha
    07-06 02:04 PM
    I doubt it, uscis used up 60k visas in one month just to make sure we dont get any ead, why in the world after doing all this nonsense would they accept our applications.

    My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.



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