Saturday, June 18, 2011

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  • amitga
    06-11 10:24 AM
    I just did the math.

    I am sure most of you have assets worth of at least $150,000. So if 300,000 are stuck in the backlog. This would mean if these guys leave this country, then that would be $45 trillion loss for USA.

    Guys is there a way to get some media publicity of the possible loss of $45 trillion for USA due to US Immigration mess??

    It would be only $45 billion not trillion.




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  • indio0617
    03-09 09:55 AM
    Specter: Going to title 2 now...




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  • chandsri81
    04-25 02:16 PM
    Thank you for your reassurance. I will Give the bank the I140 notice as well. I would hate to lostme the house after coming so far. Which bank did you go with?




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  • ashutrip
    06-19 07:48 AM
    I agree. Email and call below dol personnnel as well.

    Tom Coyne on 312.596.5435.
    E-mail : coyne.tom@dol.gov


    Any trend of certifications of backlogged applications?



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  • xyzgc
    02-08 11:02 PM
    Wow, there you go! How come it becomes 'stupid' when a girl spends husband's money to support her parents?


    Did I even say this? What are you saying? Go see a shrink :D

    Read first what I said.

    Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this. Marriage is about sharing and even a child will tell you that. If the in-laws are any sensible they won't accept gifts from the son-in-law but its for them to decide.And stop receiving any gifts from either sides.




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  • heywhat
    07-21 03:59 PM
    Do not want to scare anyone but after checking other sites and calculation it seems that BEC for 485 is not too far away...



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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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  • gbof
    02-23 12:58 PM
    people,

    i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?

    --shark

    A Lot goes on in the last 2-qtrs, especially in last qtr(july-sept). I won't be surprised if he is right. There are many loop-holes they may want to plug before CIR or any immigration reform takes shape.



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  • gchopes
    12-12 05:10 PM
    the visa bulletin song for EB2/3 I...yeh jo des hai tera..pardes hain tera...




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  • desi3933
    12-21 11:47 AM
    one of my close friend grew from a regular programmer to the position of VP in the span of last 6 years. he is facing lot of issues with GC.

    clearly mirage didn't mean growing to the position of exactly VP. he meant a higher and slightly different position, for example an IT Manager. It is not that uncommon, for a IT Progmr who works in the same company for 5-6 years, offered a Manager position.

    desi, this is argument is going nowhere, ur intentions in the beginning are good and i welcome ur critique, but leave it when recepeints aren't taking it. it became argument just for the sake of supporting ur argument.

    Sure, he will face lot of difficulties, if his employer failed to file for H1 amendment when his job profile/responsibilities changed. There is a procedure in place whenever for cases when job profile changes. My job profile was changed, but my employer filed for both H1 amendment and new I-140 to reflect new job duties.

    When new I-140 is filed in such cases, beneficiary retains his/her priority date.

    Good Luck with your GC.

    ______________________________________
    Proud Indian-American and Legal Immigrant



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  • texanmom
    09-12 04:11 PM
    Or do you need us to write to each of them?




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  • smmakani
    04-14 02:39 PM
    IV friends ,
    Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.

    Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.

    My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.

    Any Idea on that
    I have already submitted my driving license to my lawyer.
    Please Let me know because I was couting on that I will get 3 year extension this time :(

    I never heard this before. I got the 3 year extension after 6 years but I never submitted copy of Driving License. I don't think the extension has anything to do with Driving license expiry date. The extension effective date starts from your previous H1B expiry date.



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  • SkilledWorker4GC
    07-15 04:48 PM
    Total So far 1435.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.

    WAKE UP GUYS




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  • swadeshi
    07-24 09:06 AM
    I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.

    One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D

    well as they say...women are good at multitasking, hence they can juggle a job, kids, home & posts on IV too



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  • add78
    07-11 01:02 PM
    Nope I dont agree. Even though theres any retrogression it would be very mild.
    I have to agree with vdlrao, what will be interesting to see is where EB2-china is when DOS bulletin comes out. My guess is that EB2-china is current along with ROW.




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  • MDix
    03-10 11:23 AM
    This is turning out to be TRUE.

    Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.


    I am expecting lot of REDs on this one.

    Thanks,
    MDix

    That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn’t believe him about July 2007, and paying it for now for not having EAD.

    I know this is hard to believe especially if something comes from lawyer.






    Thank's
    MDix



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  • hazishak
    07-18 10:37 PM
    Obviously if a guy with PD 2002 or 2003 does not apply there is no way he can get the AOS approved.

    But do you mean a guy with PD '2007 May' applies now and a guy with PD '2000 March' (for some unkown reason) applies in 'Oct 2007'. Assuming that the PD cut off date retrogressed to '2000 March' then the guy with '2007 May' PD but with RD '2007 July' would be in a better shape than a guy with '2000 March' PD but with RD '2007 Oct'.

    You guys are mistaken one thing. No matter what PD has to be current at the time of I-485 processing. But if both applicant have PD current than RD comes into play. Other than that RD does not play any role at all.




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  • Marphad
    07-06 03:45 PM
    Please...Please....Please don't reply within one hour.

    He is already banned :). Your post was good.




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  • malaGCPahije
    07-16 11:31 AM
    Even though I am a recurring contributor and I contribute to IV on top of my recurring contributions I had to make a contribution towards this campaign. Keep up the Good Work. See Details below:

    **********************************************

    Payee Amount Deliver By Confirmation Number Action

    Immigration Voice
    IV
    $ 10.00 07/22/2008 7YJ0L-4NJ42 Edit � Cancel
    Memo: High Five Campaign

    Recurring contribution of $5 or $10 a month is a fantastic idea for this campaign. I am going to set this up myself. I would urge you all who do not have recurring contribution setup to do so too. $5 a month would not make a lot of difference to anyone. But it would make a lot of difference to IV if it happens each month.




    pappu
    08-10 10:48 AM
    No. It is true to some extent that we are paying more taxes.

    Take my case for example. My kid is not an American citizen. She moved with us when she was a baby and H-4 status. So she cannot obtain social security number that is good for "authorized to work". Without the SSN, we were not eligible for certain child tax credit, which was hundreds of dollars. I tried ITIN but I got a formal response from IRS that the child needs to have a SSN to be eligible for the credit.

    If you ever filed your tax return yourself and have a kid, you will know what I mean.
    good point which has been overlooked.

    thus one can say lack of social security numbers for spouse and kids of a high skilled immigrant waiting for gc causes sevaral administrative and taxation issues.




    diptam
    08-06 08:59 AM
    I'm finding it hard in getting the 7001 from employer - they are saying that its not our pplicy to nag USCIS on matters like I-140 stuck for 16 months. Basically they are very happy that i'm stuck and they can continue siphoning fat chunk of my billing ..... but they never say it that way, always say nice and good things on my face.

    what to do ? Shall i send only the letter to Ombudsman ? While working with Local congressman's office i sent a letter and they allowed me to sign consent form on behalf of my employer. I mean my employer was supposed to sign the consent form but CM's office knows employers will never sign so they got around it just to help me.

    Can we do something like that here - sign on the 7001 and write "on behalf of the employer " ???

    Raydon, thanks for expressing your situation. But I still feel we are not requesting TSC to expedite our cases. All we are asking his, please do justice to us and follow the FIFO for the I-140 petitions. TSC has been consistently approving cases filed in recently and just continuing to ignore our cases. If you can explain your attorney, I am sure he will understand. Or atleast have him, fill out form 7001 on your behalf and send his own letter explaining the situation to Ombudsman's office.
    I understand that I-140 is employer petition, but it ulitmately belongs to you. So you need to do whatever you can do some how convince your employer or attorney to assist you one time. I-485 is your petition, and you do not need any consent, if you need to send a letter to Ombudsman's office. So please try your best and see if you can mail the form & letter to Ombudsman's office.



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