Wednesday, June 8, 2011

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  • eastindia
    03-06 09:38 PM
    Not a single person on this thread criticizing will ever go back however much painful the greencard wait is. This is a ugly truth.

    Life in USA is far better than India and will always be until India controls its population, curroption and poverty.




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  • Libra
    09-10 04:55 PM
    thank you.
    I contributed whatever I can. Please contribute your part.




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  • ItIsNotFunny
    10-21 11:47 AM
    Mail buddy Mail.

    Its nice to have interest in talking about Obama or McCain is good for immigration but irony is, that discussion is not going to help us as they don't care for non-voters.

    Lets have focused energy attack in right direction. Keep mailing, lets have 500 mails by this week. This is not unrealistic.




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  • mundada
    06-11 04:29 PM
    Buddy you are right! I was at my relative's place and they received their GCs recently about a year ago.
    They were happy that the govt. is doing all kinds of H1-B checks and restricting immigration. I am not saying they are bad people but rising costs of living (not only because of inflation (?) but mainly because of growing children which require paying for swimming, paying for paino, etc., house maintenance, updating furniture, etc.) make people to behave in a certain way. They were all worried because immigration in IT was depressing their salaries and blah blah. It's natural cycle of life and very tough to be financially independent but then bajrangbali is exception as he could predict in march what well fargo would be in june and today he can predict what well fargo will be in september!

    Nitinboston is right. He is not saying that we do not deserve it. Just saying that we should not behave that we are entitled to it. The Govt did not promise that one will get green card in X years...and broke that promise. Yes, the system is flawed and all sorts of people get ahead in line..and some get stuck.

    However, this crazy rants critizing the country where we want to settle down is a bit hypocritical. If you hate so much...please leave...its a choice.

    Once again, I am not saying we do not fight for improvement..and better quotas..better visa allocation (and more of them). But let us not behave like bad guests.

    I am personally suffering big time despite being in the country for 10 years..and will support initiatives. But I will not behave like as if I have been wronged. If one feels so wronged..please pack up and leave. If you think you have been cheated of your social security...by all means...please go to a country where you can earn more money and keep all that.

    Once all of us become citizens...we will then start wondering that our jobs are being taken away by new immigrants..and the cycle continues........



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  • GC_for_andy
    06-29 03:47 PM
    I was kind of oblivious and busy in my work since I applied labor �and was thinking everything will fall in place gradually..
    I registered to this site today and just read this forum.. ..and �..simply freaking out �
    My attorney applied my Labor in Nov 2006 (according to him) in Atlanta and I still don�t have any response �no audit �.nothing �.it is just in process�can u believe it?
    � can I do something from my end �
    I hope 140 and 485 is still not in retrogression state �. Do u guys know how long it will continue to be in this state�




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  • freakin_gc
    12-23 06:22 PM
    Diptam :This morning my on-line case status has changed to Request for Additional Evidence Sent

    My lawyer received it on Dec 16th - they said that they need at least 2 weeks to answer the RFE. They also mentioned that the RFE doesn''t ask for any specific paperwork , its like a Question-Answer Form.

    a) Why do you need this guy
    b) Can you find an american instead of this guy
    c) How you benchmark performance in the company

    etc...



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  • dwhuser
    02-23 10:45 AM
    Me too. Actually , when the movement is not systematic and the gates are wide open, then they randomly pick up the cases and approve whatever file comes to them. The ones with older PDs suffer a lot while the ones with new ones get their GCs.

    I totally hear ya.....




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  • Libra
    09-10 01:36 PM
    Thank you guys, you guys are the best. It would be really great if you all can make it to rally. who can't make it, thanks for contribution.



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  • eb3_nepa
    03-15 04:18 PM
    Very well summarized.




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  • CADude
    11-14 05:21 PM
    It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.

    RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.

    It's confusing indeed.


    I went thru' both links posted above in thread.

    It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.

    According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.

    According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.

    What is correct? Both are 180 degree opposite to each other? Any one?



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  • tinamatthew
    07-20 12:57 PM
    Hey make sure that I am right by talking to an attorney. They usually charge $150 for for this suggestion. Please spend that money. If you do not have that money, I will give you a loan. Pay me back once you start working.

    :)




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  • willwin
    07-11 11:13 AM
    Yeah I am EB3 India June 2003 too. Not sure when our turn will come, IF at all the way things are crawling here. Sometimes I really feel there is no justice to some of the IV members on here. I wonder which is worse, the corruption in India or the bureaucracy in the USA. Atleast in India, if I would have bribed the official, I would have had the documents by now.

    eb3_nepa!

    People here think EB3 deserves to be waiting (in the given scenario and only EB2 move forward). After all we are not EB2!

    2003? another 2-3 years easily. I am only 2005. So may be another 5 years for me. Well, what the heck



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  • Raj12
    01-22 05:35 PM
    Labor certified in Jan 2007, RIR

    EB2
    PD: Sep 2004




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  • ItIsNotFunny
    10-21 11:06 AM
    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

    Guys,

    This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).

    We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.

    I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.

    One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!

    I sent my emails (actually twice ;)).



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  • kvranand
    01-14 01:16 PM
    Recieved an e-mail from USCIS that our (family) AP's are approved.
    RD 08-13-07 (NSC)
    ND 09-19-07
    AP 01-11-08 (4~5 processing time!!)

    I believe this info is helpful for those who are waiting.




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  • GCBy3000
    02-12 02:26 PM
    Check here on how to support IV with contribution.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25



    Hi All,

    I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.

    Thanks
    RAJ

    SWA: Virginia
    SWA Receipt Date (Priority Date): October 31,2002
    EB2 - RIR
    Forwarded to Philadelphia Regional DOL on June 22, 2004
    BEC Case Number: P-04282-*****
    45 Day Letter Received and Replied : Feb 2005



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  • Edison99
    10-22 09:52 AM
    Thanks for nice info!
    My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.




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  • Jeniya2006feb27INDIA
    11-07 01:33 AM
    This is what i had read one of the blog sites i visit


    The Bridge Amendment that we all had such high hopes for last week has failed to survive conference. This is an enormous setback to our effort.

    All is not lost however, there is still a chance for the amendment to be offered in one of the forthcoming budget bills, including a likely omnibus at years end.

    You Can check out the Site

    http://hammondlawgroup.blogspot.com/

    SA 3404 to HR 3043 is the one which is failed to survive the Senet

    SA 3404 to HR 3043, seeks to amend the forthcoming Labor Health and Human Services appropriations bill, by recapturing 61,000 unused visas for Schedule A workers and their derivative family members.

    And the Second one is

    SA 3442, is also offered as an amendment to HR 3403. SA 3442 is a much more comprehensive amendment that seeks to recapture visas for not just Schedule A workers and their derivative family members, but also for conventional EB workers.

    Hope i had answered your query




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  • optimystic
    09-10 08:22 PM
    EB3 -India: "Dukh Bhare Din Bite re Bhaia, Ab Sukh Aaio Re...":p

    How so ??

    You must have a EB3-I PD that is earlier than July 2001? I am hoping for good news myself this October or in the next couple months that follow :D




    vjkypally
    07-24 04:54 PM
    I mean Stereotyping.




    gcformeornot
    03-17 07:35 PM
    I received letter from IRS 2 days back it says I am elligible....



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