Saturday, June 18, 2011

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  • chanduv23
    06-06 10:04 AM
    Come on IV heros - you can do it. Lets push this thread on top




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  • Lost (not the TV show)


  • trueguy
    02-19 09:43 AM
    Any predictions, expert thoughts on EB3-I movement in next 6 months?




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  • Jade logo submission


  • arunmohan
    06-24 06:39 PM
    I agree with mpadapa,albertpinto and other folks.

    US is going to gain something.

    - We are staying in the apartment more than 8-9 years, we want to live in the own house but we cannot buy a house.

    - We have some idea and we want to implement it but we cannot do it.

    - We want to send our kids in the private school but we are sending in the public school and charted school.

    - We want to go for MBA/Higher education on own expense but we cannot do it.

    - We want to buy 57-60 inch LCD TV and other luxorious items but We cannot buy it.

    - We want to go on the Vacation/Home country but we cannot go.(Visa restriction for people whose H1 is expired or working on the EAD)


    Money is required for all above items. Each item will give at least micro level boost up to the US economy. But without GC we cannot spend/invest our hard earned money. Because we don't know what is going to happen of our status tomorrow.

    Another most important things, when we came to this country most of us were mid twenties and now most of us are mid thirties. We earned money but we gave best of time of our life to this country.




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  • docp
    04-30 05:33 PM
    Hi , is there any place where the transcript can be seen. I can not access the video..



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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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  • lonedesi
    08-12 09:33 AM
    How many members who participated in the poll above actully took the time to send the DHS Form 7001 and letter to ombudsman's office? Please post if you did send the letter & form.



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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




    2010 Jade logo submission friends tv show logo. Logo 2011 NewNowNext Awards
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  • ashutrip
    06-20 01:16 PM
    Yes, maybe we try for pre-approved labor before July end?
    what on earth is that supposed to be?



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  • ronhira
    07-06 02:27 AM
    lahiribaba - you are my hero. this is the best idea yaar :D
    good thought

    but that's what i just said, you just repeated whatever i said. is that how you define change? my question to you - bawa is - WWBD - what would bawa do?




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  • anujcb
    03-15 11:24 AM
    did it start yet? any updates?



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  • gimme Green!!
    07-06 08:40 AM
    Hopefully the emphasis on homeland security will not have an adverse effect when dates become current again or move forward.
    On a lighter vein, isn't this essentially what we need - quick processing and approval of 485 apps without being stuck with all the paperwork? :)

    Changing title to "Homeland security compromised in mad rush to process Green Cards" may provide fuel to anti-immigrants. They may argue that the process is better served by taking for 25 years to ensure no would be terroists get green cards !




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  • The cast for HBO#39;s new series


  • Jimi_Hendrix
    11-20 09:49 PM
    Got legal immigration?

    Joe Adams holds on to his coffee cup while he anxiously reads the immigration news headlines on Google. The democrats have just won control in Washington and like all immigrants; Joe is hopeful that some immigration reform will emerge.

    Joe, a native of United Kingdom first came to the United States in 1998. After graduating from Harvard Business School with an MBA he got his dream job in supply chain management. It was not long after that Joe’s company filed for his permanent residency. Life moved on and soon Joe and his wife Kathy had their first child. “The year was 2003” reminisces Joe, “I was really beginning to understand the U.S. immigration process. I was getting a handle on the numerous loops that lay ahead. It was soon apparent to me that immigration was no walk in the garden”.

    Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Current immigration policy is abetting brain drain and forcing many of these immigrants to leave for countries like Canada and United Kingdom where skilled immigrants are given priority over undocumented and family-based immigrants.

    Legal Immigration, Rewarding?
    “Most importantly legal immigration has to be rewarding for legal residents and create a shining example for all other immigrants”, remarks Joe Adams. In the United States, all immigration reform for highly skilled immigrants is bundled with reform for undocumented workers. This phenomenon is representative of the apathy of U.S. immigration policy towards highly skilled legal immigrants. Many of them have advanced degrees in science and technology. They have trained and honed their skills while working in U.S. companies.
    Currently permanent residency applications for skilled, employment based immigrants are backed 5-8 years. In the interim applicants are unable to change jobs, get promotions or make any major financial decisions. Highly skilled, legal immigrants need immigration reforms that will reduce massive process backlogs, improve processing by government agencies and better the quality of life while the application is pending.

    Legal Immigration Myths
    Extremist, anti-immigration advocacy groups have aggressively publicized myths about legal, skilled immigrants. Let us expound some of the common myths about employment based immigration.
    Myth: Increasing green cards will enable more new immigrants to enter the country
    Fact: Most immigrants who are caught in the employment-based immigration backlog have already spent 5-10 years in the United States. They have integrated socially and culturally. Companies have spent thousands of dollars on training these workers.

    Myth: Employment based immigrants do not pay taxes and are a social burden
    Fact: Employment based immigrants are required by law to file for federal and state tax returns each year. They pay social security taxes, medicare taxes, payroll taxes and all other applicable taxes. Employment based immigrants are not eligible to receive social security benefits unless their permanent residency applications are approved or unless they have worked in the U.S. for several years.
    Myth: Employment based immigrants take away local jobs
    Fact: Most progressive Americans realize that educated immigrant workers play a crucial role in stimulating the local economy. Highly skilled immigration fills the gaps in availability and makes the U.S. economy competitive and resilient. A recent study concludes that immigrants have fueled the US entrepreneurial economy, starting one in four venture-backed companies since 1990 and two in five in high technology. This is according to a study released by the National Venture Capital Association trade group to the U.S. Congress in November 2006.

    Myth: H1B quota increase will result in more green cards
    Fact: H1B has a separate quota from green card quotas. Even after an individual has approved security check, labor certification and employment eligibility; a visa number must be available for him to receive a green card. This quota is subject to annual numerical limits. Based on the current annual visa limit, applications are backlogged 6 years.

    Future of Legal Immigration
    It is presumed that legal immigration process works efficiently and in a clockwork fashion. However when you consider that legal applicants have to wait 5-8 years for a green card; this statement is false. In the current political environment pro and anti immigrant extremism exist side by side. A rational, middle of the road approach is largely missing. Such an approach would prioritize immigration based on the contribution of immigrants towards economic growth, the reduction of job outsourcing and most importantly rewarding those who chose to enter and continue to reside legally in USA.
    Americans largely supports legal immigration. This year, the Secure Knowledge, Innovation and Leadership Bill was introduced in Senate and in the House of Representatives. This bill provides the much needed immigration reforms for highly skilled immigrants. However the democrat leadership has not yet declared immigration on their agenda for the first 100 hours of work. Unless congress collectively passes immigration relief for skilled workers, political considerations for the 2008 presidential elections will put this issue on the back burner again.



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  • Drew Carey, of the television show quot;Power of 10,quot; is seen at the CBS Press


  • 2BeeNot2Bee
    09-14 06:45 PM
    If Substution labor was ethical, PD porting from EB3 to EB2 is ethical.
    Ithink PD Porting might be legal at this time but not ETHICAL.

    If substitution was unethical, July 07 out-of-turn PD flood which has created a HUGE backlog is unethical, if that is unethical, PD porting is also unethical.




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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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  • santb1975
    06-17 03:14 PM
    Wandmaker and Green.Tech - Thankyou for your leadership towards this funding drive




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  • sparuthi
    08-13 05:02 PM
    Yes. It may help, but EB3 is not the one who is going to get any piece out of it, as EB2 is increasing in huge amount. Even if it is CURRENT for 10 years, thats not going to help anyone below that level as everyone will qualify for EB2 in future, almost all the future candidates will have minimum of 5 years experience.


    Well, if one decided to continue the process of waiting, there won't be any career to talk about at the end.


    Not possible for all to go to EB2 as most of the companies hesitate to spend huge amount again and same is applicable to the individual too. It may not be worth at the end to spend another 5K on this. Well said, we should then fight with our own friends (because they may not like us to get the Lion's share) before going to DOS and USCIS.


    I am waking up from 'abroad' dream. The real dream in front is "Home", without any issue that works for me.
    For EB3 i think there are 3 opportunities.. one pastures are turning green near home and India is not a bad place to be at this time ( i have heard salaries of 30-35L being common these days). thats one.. combined with 1 if the employer agrees (assuming they have operations in india), EB3 can be in india for a year and come back on L1A in an executive/managerial position and get into EB1 (few of my friends have done this successfully)...that was 2... and the last one is try to get into EB2 in the US which can be risky as others have pointed out..

    so choices is there.. one has to be bold to take the step



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  • GCwaitforever
    06-30 01:30 PM
    Got my LC approved June 05 2006.
    Took only (!) 4 years from first application...

    DOL recevied: Dec 5, 2002.
    Got my 45 day letter in Feb 2005.
    EB3-RIR
    Filed in Philly DOL.
    3 others from the same company got theirs LC approved 2.5 years ago and 2 of them have their green card since a year ago. And Im the only one with a US masters degree. Great system...

    Congratulations and good luck with remaining stages in GC. Believe me, we need lots of luck not to get stuck in other stages. I am still waiting ever since filing labor petition in November 2001.




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  • gomirage
    07-20 01:51 PM
    i was thinking the same thing did we take our eyes off the ball. Seems like people towed the part line during the vote but it still seems like a miss

    Yes, I was also thinking how did IV radar screen missed such an important vote. I hope it's not because we were so busy celebrating I-485.
    I hate to think a call to few senators would have fixed the whole problem to everybody. Please lets refocus guys on a permanent fix.




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  • Madhuri
    10-21 12:23 PM
    Just emailed and will also send a snail mail tonight.




    r_mistry
    01-11 05:42 PM
    Hi,

    I just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???

    I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.

    Thanks,
    ______________________________________
    Filed I-485/EAD/AP - July 24th, 2007 - NSC
    PD - Oct, 2005 - EB3 - ROW
    I-140 approved - Dec 2006
    EAD received - Oct, 07
    FP done
    AP - Pending
    LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)




    conundrum
    09-15 05:21 PM
    I do believe that each person has the right to champion for whatever cause s/he believes in. But don't you think that instead of this class war we should fight the USCIS system and ensure FIFO. I believe if we have a transparent and smooth USCIS functioning then a lot of our problems will be solved. At least we will know where we stand without the uncertainty!!



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