Wednesday, June 8, 2011

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  • waitforevergc
    02-18 03:05 PM
    where did you get this information from? source?




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  • ind_game
    05-15 10:09 AM
    There was a campaign on wrongful denial in AC21 , there was also letter campaign not sure what happened after that ? It was IV action item too... What was the conclusion ? should we all suffer even if it is a training issue, if they act such nice on letters , then why they act as if there is no form and if AC21 is for real aliens from a real alien world.

    Trust me your frustration is understandable......

    Guys,

    1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
    2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
    3. Attorneys are making money on these cases

    In the end we the immigrants are the losers.

    Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,

    We need to increase the awareness.

    We do not want to get to a point where we may not utilize AC21 properly.

    thanks




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  • nagio
    05-06 09:53 AM
    I called
    John Ensign
    John Cornyn
    John Kyl - Had to leave message
    Lindsay Graham
    Judd Gregg
    Scott Brown
    Michael Enzi




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  • joydiptac
    03-13 02:44 PM
    Hi guys,
    In my college days, I was returning to Varanasi(ITBHU) after spending Holi at my Aunts place in Delhi. It was warm, so I tried with all my might to open the stuck glass window next to me. I tried and tried, gave up... only to try again, to open the damned window. Finally, with help from my neighbours I was able to get the window open. Nice cool air came in. Everything was perfect. Then suddenly it happened. The train was entering Ghaziabad, there were these slumdogs aiming cow dung at the train. Needless to say, I got hit and totally covered with shit literally. :eek:

    Here I am again trying hard to open the window of opportunity... GC, for the fresh air of freedom to enter my life.
    Is all this delay a blessing in disguise? Food 4 thought.
    n'
    Joy
    B'Happy... B'Informed...B'Khush
    www.bkhush.com



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  • langagadu
    09-15 11:19 AM
    :mad::mad::mad::mad: Rey Moran, Who the heck gave you Ph.D. Definitely you don't have ability to think. Idiot, give your Ph.d back, you need to start thinking of washing your rusted brain, Moran.
    :mad::mad::mad::mad::mad:


    are bhagwan... kash maine substitue labor use kiya hota....

    I would have been approved by then...

    Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.




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  • webm
    08-14 03:57 PM
    EB3 guys - Just hang on ! Good news are on your way !

    What can we expect?? any source you got??

    ------------
    EB3-I



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  • jetflyer
    12-15 11:34 AM
    On a serious note: Our situation is not comparable with Independence War, we will not die if we don’t have GC, we all are doing Well/Good/Okay but our lives could be lot better if we have GC by NOW, not X years from now, we need it NOW. But seems to be we have made compromise with the situation and one way or other we are floating with our lives. Initiatives like Hunger Strike may not work well but some sort of Flower Campaign/similar initiatives may work well. Monthly donation seems to be upsetting because they can’t tie it straight with outcomes, its hard to keep people on the hook for long, everybody is expecting it to happen sooner and Lobbying works slowly, it’s the reality.
    my2cents,
    J.F.
    (2000-2007 H1B, 2007-Now EAD)




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  • willgetgc2005
    11-11 04:58 PM
    Me in San Diego.Count me in .







    jimi i will be communicating with you soon. i am travelling at this time but soon will touch base to get this rolling. thanks for your efforts



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  • vayumahesh
    12-02 10:38 AM
    GeetaRam,

    I would say to follow your attorney's advice though I don't think of any issues with going for premium processing as you are with the same employer. My friend has recently filed I-140 under regular processing and got approval within 2 1/2 months. Just make sure if your attorney submitted porting request while filing new I-140 under EB2. All the best.




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  • polapragada
    09-14 05:32 PM
    That is exactly the point. How can you then argue that all PD porting is unethical, period?

    There should be a clause that when porting of PD is being issued, Like "At the time of EB3 Labor was the person eligible for EB2"! Thats the whole point ..

    No one will have problems with that except some posers
    What Say??



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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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  • tinamatthew
    07-22 10:48 PM
    ^^^^^



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  • hopefullegalimmigrant
    12-28 12:15 PM
    According to this

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

    many of us should have got AP by now. As usual a status does not match the fact.




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  • ras
    07-06 12:15 PM
    I dont mean to say against the IV core's efforts. They are doing an amazing job with in their time limits.

    But the issue is the time limit itself. There are 20K members dependent on the limited time of the IV Core. They can only see any change when these IV Core's limited time is put to use. And if for some reason IV core is engaged personal interests ( which cannot be denied because they have their personal life too) then valuable time goes wasted.

    So the issue is the time spent on activities by the IV Core. We cannot force them to spend their lives on IV activities and at the same time cannot let down the IV member activities. So what is the best way. Get full time coordinators who can come up with strategies that can have real time implications.

    Dont bash at me this is just my understanding of the situation.



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  • GOTGC
    07-24 02:22 PM
    Visa number is differnt from A #- which is application number.
    Law allows only 140,000 EB visas per year, which are again subject to country quotas,EB categories etc
    Every 485 approval uses a Visa number.
    So for 485 approval there should be a visa number available.



    In last quarter of every year, USCIS can approve 485s irrespective of country limits inorder to use up all visa numbers.
    That is what happened in June/July and happening now- Inorder to exhaust remaning 60K visas for yr 2007, USCIS assigned a visa number to pending 485's before approving them.(Tons of approvals coming from NSC and TSC are for cases that had visa number preassigned before July 2nd Visa bulletein revision)




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  • sanju
    03-12 11:30 AM
    Pappu,

    I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.

    Rethink!

    Pappu,

    Donor forum concept is the only workable model. I request you to not stop this model.

    ItIsNotFunny has done very good work to help us all. I would like to double my monthly contribution and contribute on behalf of ItIsNotFunny if that is ok with ItIsNotFunny and you, till the time ItIsNotFunny starts at a new job or till I have a job, whichever is sooner.

    Cheers



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  • trueguy
    03-06 01:48 PM
    Countdown started :) Hoping for April bulletin either today or on monday.




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  • Keeme
    08-14 03:10 PM
    This is the third place where I am posting this ..well why not ..In my view this is worth a shot since greenspan is also talking about it.
    -----------

    http://news.yahoo.com/s/nm/20080813/bs_nm/usa_economy_greenspan_dc
    -----------
    Former Federal Reserve Chairman Alan Greenspan predicts U.S. house prices will begin to stabilize in the first half of next year, the Wall Street Journal reported on Wednesday.

    ADVERTISEMENT

    Greenspan also offered a novel suggestion to bolster the housing market -- increase the number of potential home buyers by admitting more skilled immigrants


    This is what will help us to clear backlog ! Wanted to post it few days back when news came from UK they wanted to bring more immigrants as one of solution to get their economy back on track.

    Guys, IF any thing may come as 'rescuer' this year and help us to come out from this backlog and move the dates forward in next year visa bulletins, that would be 'current economy and housing market situation'. IF any thing can convinced Congress to clear visa recapture bill this year, it would be only 'current housing market situation'. To get the economy back on track next year, housing market has to be improved and its not happening !




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  • diptam
    07-06 12:11 AM
    You need to change the SUBJECT also...

    /***
    FBI fingerprint bumping and checks are IGNORED for IMMIGRANTS - Can not believe it ? This is called HOMELAND SECURITY ???

    How come USCIS / DOS can ignore CRITICAL FBI name check steps ?
    ***/

    This is by far the most effective story that highlights the security concerns raised by approving cases that hasn't cleared the background check yet. This could be the big story. It may, however, be the double-edged sword. I think we need to keep this going as much as we can.

    Digg .. Digg.. Digg ... keep digging even in your sleep.




    rameshk75
    01-18 11:49 PM
    Check with your employer/attorney before going to the local office. They might have received your documents by now.




    browncow
    07-05 05:09 PM
    The idea is very brillinat and this actually benefits the current IV core too.
    Usually, people get tired of leading a non-profit, too much of ones personal resources go into it.
    A new leadership will bring new energy in form of people getting a title and make them more accountable to needs.
    Every current commitee(current IV core) actually is the backbone of a non-profit, cos they carry lots of assets, in terms of connections they have developed, money they have accumulated, goals that they have set, etc...
    So the current IV core can support the new commitee and take their help to take the organisation forward.
    And as I previously mentioned, the organisation does not or should not cease to exits once our goals are met, they should then be lead by other non-immigrants who will have a whole different set of issues.

    usually, a non-profits exec committee is elected by its members.
    for eg. the 2009 members (paid), can vote for the IV president and the committe.

    it doesnt make sense for evey EB immigant to go and start a new non-for-profit.



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