Sunday, June 26, 2011

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  • trojan
    09-08 12:14 PM
    Just Curious..
    What is the APR that you guys pay for home loan?
    I pay 10.5 % for a 19 lakh rs loan for the period of 10 years with HDFC.

    I am happy with HDFC so far. no hidden fees..




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  • makemygc
    07-05 11:01 AM
    We need to have sticky & web fax on this issue

    This thread should be sticky as that will encourage others to do the same. I am wondering why there is no such guidelines from core so far but then I think core is just one of us like pcs who takes the initiatives.

    Nice job pcs.




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  • eb3_nepa
    07-05 11:56 AM
    1) Get the phone and fax numbers of the local office from the senate and house websites
    2) Call the local office and get the name of the "Immigration In-charge"
    3) Fax a personalized copy addressed to the Senator/Congressperson but on the VERY top say "Attention Mr in-charge} ",to the immigration in-charge.
    4) Follow up after a few hours with phone call.

    PLEASE WRITE PERSONALIZED Letters Explaining YOUR OWN PLIGHT. PLEASE DO NOT Depend on Templatized faxes.




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  • matreen
    10-17 01:58 AM
    Guys,

    I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,

    Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).

    Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)

    Is that going to cause any problem to my 485 process?

    Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?

    I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..

    Thanks,

    M



    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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  • Milind123
    09-13 05:27 PM
    Yesterday I contributed $300 and I hope I do better than that today, but I need help from all those people who have never contributed. So please pull the trigger. I am only one contribution (of $100) away from a first time contributor. As soon as I get that I will post my contribution. As soon as I do that sam2006 is going to make his contribution of $100.

    Today I was hoping to exceed my contribution of $300 from yesterday. Looks like it is not goint to happen today. But it will be a bummer if I can't match yesterday's contribution.

    We (GCNaseeb, sunty, bala our special guest and I) need just two more shooter to make a contribution of $100 who have never contributed before.




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  • amit_sp
    05-15 05:21 PM
    I would recommend to shop around more. There are some banks who ask quetions such as visa status and other documentation and then there are some which don't. In my case; Citibank quoted for 0.5 additional rate due to my visa status but ING didn't.



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  • pa_arora
    06-10 01:33 PM
    That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
    We had received good feedback in our meetings with the administration.
    The whole process of making final announcements is just too slow!!

    We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.


    Pappu, then why no to plan for another letter campaign, if that is what making things work a little bit.




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  • kate123
    02-25 05:17 PM
    I would be the most happiest person if that happens :D

    i think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file i-1485.

    Thank's
    mdix



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  • ItIsNotFunny
    10-21 04:41 PM
    It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.


    I understand what you say but interpretation differs from IO to IO. It still goes to chances....




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  • globaldesi
    04-18 10:54 AM
    Just got my 140 approved...no confirmation from the employer yet but received email from CRIS saying they mailed the approval on April 15. Looks like the published processing times are being adhered to.



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  • peacock
    09-12 06:05 PM
    Sent email publicizing the rally to a lot of newspapers in Florida.
    Also sent email to several national ones including Fox,Chicago Tribune,NYTimes,ABC News,NBC,MSNBC,Wall Street Journal and CBSnews.




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  • lonedesi
    08-11 08:33 AM
    Members who mailed the letters & form please post here and let us know so that we get an idea how many people actually took part in this campaign so far.



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  • WillIBLucky
    12-18 02:40 PM
    Who ever has got the idea of striking, picketing or hunger strike, it will not work here. Lobbying is the only way out for us. Well I guess someone has taken a cue from Mamta Benerjee. Well it surely works in India but not in United States.

    So lets stick to lobbying and calling the senators and addding members and contributing to help lobbying.




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  • my2cents
    11-18 08:22 AM
    My wife is on H4, i'm on H1B. She applied for DL renewal and was renewed for 1 yr.
    They accepted visa, passport, i-94, and H4 renewal receipt notice.
    They gave her one year from receipt notice.
    What a relief. i was worried they would not accept it.
    That was in Sterling VA DMV.:)



    My wife was on H4 but now on H1/Opt. We went to DMV (Sterling, VA) . They checked the passport but did not check anything else. They renewed DL for 5 years instead of 3 years. Not sure what happened but she looked at the passport. I did not offer any other document because she did not ask.



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  • MahaBharatGC
    09-27 08:54 AM
    Arrived before the Millennium: Dec 1999
    Started GC processing in 2003 finally filed in March/Apr 2004.
    2007 lucky fiasco gave me and my wife chance on EAD.
    Still counting....:confused:




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  • immigration07
    05-22 10:47 PM
    //

    wondering how yu came up with a list of contributors.......if i provide my transfer confirmations to IV and still cannot find my name in the list then how will I trust the veracity of yur list.....

    ....not for an argument but a query



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  • franklin
    07-23 06:44 PM
    I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.

    Original poster has corrected the dates, however, as you can see, certain categories were retrogressed long before Oct 05

    http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html




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  • vinvin24
    05-03 02:09 PM
    If there is a template for fax and regular mail, we can get more people involved in this campaign. Thank you for your efforts.




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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.




    sri1309
    09-10 05:31 PM
    Guys,

    Now that the delay happened, lets ask for Citizenship, . We waited 10 years, played by the rules. And we have seen the drama for the last 3-4 years. So why do you want to do these calculations, spillovers etc. We must ask our fair share,,

    Think,

    Sri..




    ramus
    09-09 09:49 AM
    Thanks for both, contributon and coming to rally....

    My Contribution of $100 sent in today by Google. Will be attending the 18th Rally.
    C U Guys!.



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