Friday, June 24, 2011

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  • mhathi
    03-22 05:28 PM
    I have been a monthly contributor ($50/month) since December 2007. Already sent mail about a week ago to info at immigratin voice dot org.

    Waiting for access... Glad to help in any way I can. I like the idea of having a donor forum. I have seen too many of our posts wind up on the pages of anti-legal immigrant groups over the years.




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  • eb3_nepa
    07-15 03:57 PM
    zooom and fundo14 good job on updating your signatures.

    Contributing members, please update your signatures with a link to this thread.

    Keep the high fives rolling guys :)




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  • mirage
    04-03 08:55 AM
    Congratulation to you two, you successfully diverted everybody from the objective of the thread..




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  • WeShallOvercome
    08-10 02:47 PM
    Everyone is saying that "Wait-Wait , have patience , forget Check-cashing till you realize that you've sunk in deep waters"

    If there are few cases which are returned for false reasons ( see other thread) after Aug 17th probably those few will be forgotten till PD becomes Current again - 6-7 yrs - Huh ? :)


    Not if we support IV's efforts !



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  • TeddyKoochu
    08-23 08:44 AM
    I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.

    Is this memo in effect already or what? Can someone throw more light on this?

    This is only for EB 2 aliens of exceptional ability. As far as I know this does not need perm. I got an EB2 alien of exceptional ability when my last employer filed through Schedule A. So don't sweat this does not apply to the usual EB-2 route...as far as I can tell...

    Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?



    Only EB2-NIW (National Interest Waiver) even currently requires 10 years of work experience in the relevant field at the time of filing this is the category that does not require labor and van be self filed. The exceptional ability refers to Non US Masters folks Bachelors + 5 Years, now looks like this is bachelors + 10 years. The memo is currently not implemented Smuggymba I believe you should push your case in premium processing, probably you are not impacted though as you have a US masters (MBA). But there is no guarantee that they will not review all cases at the time of 485 once again. This memo / revised guidelines are indeed extremely scary. Kartikiran I agree with your thoughts about the direction in which things are moving.




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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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  • diptam
    07-06 12:21 PM
    I dont understand how organizations like DOS , USCIS can do such
    Ping-pong childish things in their official website.

    Save us God !

    I have changed the thread title.




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  • Green.Tech
    06-16 05:25 PM
    Stay on top!



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  • ebizash
    07-24 08:05 PM
    If somebody is sending this letter, please do not send it without taking care of word-suggested corrections. There are too many green lines, most of the times because of spacing between two words.

    OP - My intention is not to offend you but to point out the need for improvement in the document.




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  • ANGEL
    07-31 12:46 AM
    Icedgin,

    thank you for thinking of me too.i hope whatever it is will work on our benefit.i will let you know too once i bump into something exciting.

    angel



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  • santb1975
    05-22 01:33 AM
    //

    Fundraising Target: 50000

    Total $$ so far: 19931

    Recurring Contributions: 14

    Members Contributed so far: 193

    Members listed below helped us reach our first 10K:

    gconmymind-51, snathan-50, smanikandan-100, ahasan-100, MunnaBhai-100, vineet-100, rameshk75-50, mariusp-35, gcfordesi-50, belmontboy-100, Houstonguy-200, vikasw-50, kshitijnt-100, pune_guy-100, walking_dude-100, prasha98-100, ivvm-50, manojp4-100, Pineapple-200, sammyb-50, ca_gc-100, santb1975-100, nav_saini-100, gcpadmavyuh-100, pcs-100, akbose-100, eastwest-50, ubetman-100, pmurgai-100, deba-100, 5-Jun-100, wa_Saiprasad-100, chaukas-100, arunmohan-50, jimytomy-100, aspiration-50, prshah102-100, czar_the_king-100, maverick6993-100, eb3_nepa-100, kumar_77-50, Alien-100, nagio-100, vin13-100, manja-100, loti_GC-50, sonaliak-100, mdmd10-100, surabhi-100, m306m-100, malaGCPahije-100, patbose-50, clif-100, goel_ar-50, dba9ioracle-100,djit71-100, Jitamitra-100, rajtp-100, espoir-50, rp0lol-100, kicca-50, rajmalhotra-100, anuraj1234-100, yetanotherguyinline-100, MI member 1-100, MI member 2-100, NolaIndian32-50, poreddyp-100, Karthikthiru-100, pshah-100, tapukakababa-100, h1techSlave-100, uffyegc-100, rameshk75-50, Nagireddi-100, srinivas_o-100, nc14-50, aa2aa-100, add78-100, jbr-100, jayleno-100, naidu2543-50, vansvenkat-100, amit_sp-100, gova123-100, psvk-100, xlr8r-100, 65B4GC-100, asanghi-100, GCneeded-100, tampa2006-100, gnlbigte-50, newuser-100, deafTunes123-25, gandhig-100, srmeka-100, akred-100, gc_maine2-100, gconmymind-50, gc78-100, sirinme-100, lalithkx-100, aspiration-50, reedandbamboo-100, GreenMe-100, GreenMe-50, jnayar2006-100, wizpal-100, aubGC-100, raminmd-100, mpadapa-50, nightowl76-100, NolaIndian32-100, birbal-100, coopheal-100

    Members listed below are helping us reach our second 10K:

    axp817-50, ngodisha-100, preethamsp-50, pappusheth-50, niklshah-50, coopheal-100, espoir-50, JacK41-50, velan-50, sk298-100, ak_2006-100, snowshoe-50, m306m-50,new_horizon-100,ho_gaya_kya-50,sundar-1000,continuedprogress-100,rongha_2000-100,cmdline-100,imv77-100,justwait-50,kvrr-50,conchshell-100,npperi-100,for_gc-100,sam2006-100,pyar555-100,tcsonly-100,axp817-50,GTGC-100,arbhaat-100,GC4All-100,dagu1234-50,ramaonline-50,mohmd1-100,wantgc23-100,mohan_ada-100,psam-100,nil-100,askbz1-100,hsshah-50,everwaiting-100,swamy-100,reddymjm-50,abqguy-25,ca_immigrant-50,elaiyam-100,waiting4gc-100,vdlrao-100,tampa2006-100,vasu-100,ashkam-100,skk2004-100,mpadapa-100,msaheb-100,gconmymind-50,pnagar-100,grupak-100,rameshk75-50,minimallist-100,Green.Tech-100,srkamath-100,mbartosik-100,ak_2006-100,helix-100,gc_freedom-100,gclabor07-100,danu2007-100,smmakani-100,srinivos-100,wandmaker-50,jimytomy-100,akp22-100,vadicherla-100,dcvideo-100,amsgc-100,govindk-100,cpbaherwani-100, zappy-500,rpchalasani-100,Green.Tech-50,ek_bechara-100,NolaIndian32-25,jayZinDC-100,ashokmohan-100,ramaonline-100,pointlesswait-50,weshallovercome-50,rpOlol-100,dingdong12-100,prashanthg-100,coopheal-100,vikramark-100,Amma - 100,m306m-50,wandmaker-50,santb1975-50

    Members listed below signed up for recurring contributions in this drive:

    snathan-50,gcfordesi-50,sammyb-50,eastwest-50,loti_gc-50,naidu2543-50,mpadapa-50,firhill-50,dslamba-50,manojp4-50,ncrtpmay2004-50,gclabor07-25,kevinkris-50,nc14-50




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  • vikki76
    07-06 01:54 AM
    Thanks!. There were some skeptics on IV Forums who didn't believe that USCIS worked over weekend to approve 25,000 visas. :mad: Some people genuinely believed that USCIS made a clerical error in calculating visa number or some other nonsense excuse. Those who don't believe that this indeed is a scandal,should read Logiclife's excellent analysis on June 29th where he explains -how retrogression is NOT possible.
    When we believe how it was not possible, and suddenly it did happen-of course things get clear.



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  • bskrishna
    07-11 12:04 PM
    heres the thing..we have been talking about the 2004 hump for eb2 for a while now. if you download the perm data from 2005 you will see only 7000+ PERM approvals for India. this included a significant number of EB3 other worker categories like pipe welder, cook, etc ( i am assuming they were eb3 -other worker...correct me if i m wrong)

    this was the breakdown per month for perm 2005

    March-1
    April -13
    May-72
    June-324
    July-351
    Aug-833
    Sept-1172
    Oct-1212
    Nov-1541
    Dec-1771

    7290 - includes everybody - eb2, eb3, eb3 other workers

    the whole question was the hump of 2004-march2005

    ithis is the first time since when retrogression started on oct 1 2005, that the dates have moved beyond 2005.


    do we have any such nos for 04? ideally 05 EB2 should buzz through adjudication in less then a quarter.




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  • vsrinir
    09-12 12:22 PM
    They will treat this as Junk Mail!!!



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  • desigirl
    05-06 08:00 AM
    I have asked a few of my friends to call the list too. And I did another round of calling Tier 1 republicans only. It was pretty much the same response as the last time. I think that is their standard way of answering, - to sit on the fence.

    Unless these issues are being discussed and called to vote, they will pander to whoever is talking. But, I think we still need to put continued pressure on them, hence the friends :)




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  • micofrost
    07-18 06:22 PM
    Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.



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  • skv
    06-17 10:42 AM
    Thank you for your e-mail to the National Processing Center concerning
    your case filed under the PERM program.

    Our office can only respond to inquiries from the employer's contact
    person or attorney/agent listed on the submitted 9089 form.

    Atlanta Help Desk (17)


    Above is the message, I got it from them. I can't contact my attorney, because that's our company policy. While the HR told me that they will inform me when my PERM gets approved.

    Hope after 5 long years , my GC ambition will be completed this time. All the best for rest of the folks!!!




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  • americandesi
    06-26 01:23 AM
    So did you buy home theatre after filing 485 or before? Btw, I dont believe there is any relationship to income wrt visa status.

    Exactly! I was trying to make sense to Mr. Arunmohan, who feels that without GC, he cannot spend/invest his money on a 57-60 inch LCD TV.

    To answer your question, I purchased the Home theater after filing my I-485, which in no way influenced my decision.




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  • eb3_nepa
    07-15 03:15 PM
    Common people. We desperately need atleast THIS campaign to be a success. I mean as a team the IV core CANNOT ask for an amount lesser than $5.00.

    We are a member base of 30,000 members, cant we all contribute this once? It is exactly FIVE dollars that we ask of ALL members.

    If we cannot get every single silent/dormant member to contribute atleast this once, then maybe we should just pack up our bags and fold, coz if we cant even contribute FIVE DOLLARS for our own betterment, we are in a very sorry state.




    msp1976
    12-15 12:58 PM
    Here are the details:

    Type: EB2 - RIR (State - CT)
    PD: June 2004

    45 DL Received: December 2005
    Current Status: CERTIFIED (On 12/15/2006) per DOL website.

    Can anyone tell me what happens next?

    You should receive the approval papers in a few weeks...
    In case you donot, you have to follow up with PBEC...
    If you donot get anywhere with that followup, there are some people who filed I-140s without the actual paper. In that case the USCIS sends a RFE to the PBEC.....




    martinvisalaw
    07-21 03:39 PM
    http://www.ice.gov/doclib/sevis/pdf/dmv_factsheet.pdf.

    This is primarily aimed at F, M or J nonimmigrants, however it is useful for all.



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