Friday, June 24, 2011

referred abdominal pain

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  • Milind123
    09-15 02:50 PM
    Bump




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  • h1b_forever
    03-04 09:57 AM
    I can understand rejecting loans for H1 since it is supposed to be temporary employment, but it does not make sense to reject for people on EAD.
    I am in the process of refinancing, but I provided my H1 papers instead of EAD and my application was approved.

    It is possible each company has a different policy. I went through Wells Fargo this time.




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  • hmehta
    07-24 06:39 PM
    Probably it differs by state, but DL has no ties with H1-B renewal or vice-versa, at least in CA. My wife's H1 expires in Apr 09, but she recently got her DL renewed until Sept. 2012!! If it was a federal law change (after 9/11), it would have to be applied to every state.




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  • eb3_nepa
    07-14 02:55 PM
    06/29/08 PAYPAL *IMMIGRATION 4029357733 CA 50.00
    4029357733
    Description
    PROFESSIONAL S


    Guys as far as possible please stick to cheques and Bill Pays, atleast if you are contributing the $5.00 or $10.00. This will avoid bank fees and paypal/google checkout fees.



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  • inspectorfox
    07-19 05:02 PM
    http://www.imminfo.com/resources/cissop.html

    Does anyone have the SOP for I-140?




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  • gcsim
    06-10 07:02 AM
    yeah just checked....EB3 'U' and EB2 1 April 2004 :-( more waiting ......nothing like last July.God help us.



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  • munnu77
    03-09 10:39 AM
    indio0617...thank you for the updates...thank u very miuch




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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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  • achiever2001
    07-20 03:38 PM
    You need to chill out dude. I do not see anything wrong. Whats wrong in analyzing and preparing yourself for future. I have plans to travel in 3 months.After looking at this thread I think it might take few more months. I think this is a valuable thread.

    Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.




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  • NKR
    06-26 08:18 AM
    I'm sure you meant "Loss and loose have different meaning" ! .

    Good catch :). I was losing patience waiting for the elusive green card and now I think I am losing my mind too.



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  • eb3retro
    03-04 04:00 PM
    see my post here..

    http://immigrationvoice.org/forum/showpost.php?p=321797&postcount=44




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  • 485Mbe4001
    06-11 01:48 PM
    i wanted to aviod posting this, but please include a bit of realism in your optimism. Full disclosure: i am EB 3-I

    We had a discussion on our chapter here is the extract of the email that i sent based on a couple of similar comments from fellow members.

    After talking to a few of the fellow members, i feel that one the main causes for inaction is that folks who have applied under EB 2 India feel that the spillover from ROW EB 2/1 and India EB1 will be sufficient to get them their GC's in 2 years tops. EAD/AP for two years is no big deal. There is no urgency to get things done or the motivation to step up to the plate and make a few calls. If that is the case, then chances are that you are mistaken.

    a) we have no estimate of the per country breakdown of pending applications.
    b) we have no idea how many EB2 India applied in July 07
    c) we dont know the number of multiple applicants who have EB2 and EB3 applications pending (spouse and self).
    d) We have no indication of the 300k applications who were stuck in namecheck and are now eligible for approval. Namecheck victims were from all countries (you can see that ROW EB 3 is U)
    This affects ROW as well as the retrogressed countries as the per country quota is still fixed.

    We cannot wish this mess away. Making a few phone calls at lunch should not be a big deal.



    I am Not sure everybody follows Federal Reserve revising short-term rates by every month and Financal analyst were trying to understand language(tone) of Bulletin. And Looking at tone of VISA Bulletin for July 2008 and historical Bulletins EB2 for India is very encouraging till we see the language next month for India.



    VISA BULLETIN FOR July 2008
    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act .....

    VISA BULLETIN FOR JULY 2007
    E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

    All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.



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  • john2255
    07-23 10:47 AM
    NY/NJ/CT/MA Members -

    Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.

    Obviously, Sen.Obama does not care much for Indians!


    This is also a very good idea. By the way how many wrote to their senator's.




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  • softwareguy
    07-06 05:54 PM
    And how does it not apply to AOS.
    For Consular processing people have to plan trips and get medical and all that.

    Why doesnt the same analogy apply to AOS. - Please explain...:confused:



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  • beppenyc
    03-16 10:41 AM
    Really bad news.




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  • gene77
    04-12 11:45 PM
    Nothing yet, RFE response received is all. Waiting ..

    Got the card production e-mail today, thank you everyone for your endless support the past 7 years.



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  • saimrathi
    06-06 04:04 PM
    Hello,

    My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?




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  • 485_se_dukhi
    07-18 08:36 PM
    I just came to know about this site on July 11.

    Liked the idea about sending flowers and immediately send one basket of flowers to Mr Emilio for July 12 delivery along with a get well soon card.:) Also send letters to local congressmen etc.

    After this amazingly delightful news yesterday, I gave $200 to IV..and as mentioned earlier have set up a $50/m recurring deposit just now.

    For all those who have still not contributed...

    What in the world are you waiting for??

    Lightening to strike?? Permission from your local anti immigrant bunch??

    Isn't this sufficient to let you know that IV core and other senior members of their team are ABSOLUTELY COMMITTED to our cause??

    Do you want another VB fiasco to happen?? Are you going to wait till our 485's are stuck for 2-3 years and then again come to this forum for answers??

    Please, please go ahead and contribute....




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  • GCwaitforever
    01-23 03:52 PM
    After a looo...ong wait, finally my labor petition is certified according to the web site.

    PD: May 2002
    EB2, Non-RIR
    Remanded as TR from RIR in 2003
    Made it to Regional in 2004
    Ended up in BEC in Feb 2005
    Certified as of today !!!




    cbpds
    12-11 03:30 PM
    Hi Pappu and IV seniors,

    I will contribute to IV generously(monetory and otherwise) if you help us with the prefiling of EAD for approved 140's, atleast USCIS will get money from us every year and it helps us too.
    We dont mind standing last in the queue for another 10 years as long as we have EAD.

    HELP !!!!!!!!!!!!!

    Can we check with CIS if they plan to pursue this option (pre-485 step)?

    Is there a plan to start a campaign for this? I would be willing to contribute (monetary and effort) if there's such a plan...

    I can see there are a lot of folks who would welcome such a plan.




    bkarnik
    04-26 09:38 AM
    bkam,

    I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah… like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON’T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.

    So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.

    Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)

    Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D



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