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  • manderson
    12-28 06:31 PM
    After some point we need to ask USCIS to update the processing times to reflect this long delay, or take legal action or whatever to expedite this...




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  • abhishek101
    07-20 05:36 PM
    All of us have to understand the Democrats are against all the legal immigrants. Sen Boxter and Feinstein have made it clear in their past statements that they oppose, any high skilled immigration.

    And the story is same across for all Democrats.

    So all of us have to pledge that we will be Republicans for life once we become citizens.




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  • ngodisha
    09-09 11:41 AM
    Paypal contribution of $300. I cannot make it to the rally because of prior commitments. Thanks to all who are going to be at the rally in person.

    I feel good after making the contribution. Hopefully, several others will join this contribution drive and experience this good feeling first hand.

    Good luck to all.




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  • jonty_11
    07-06 05:34 PM
    just like they made EB3 other workers number "U" in mid June...why didnt they do the same for all EB categries in July >?????

    Why are they still showing CURRENT>



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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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  • ski_dude12
    02-24 07:48 AM
    There is life outside of GC. Majority of those waiting in line for GC were able to apply their I-485 during the 2007 fiasco and have the option of using EAD to change employers to make things better to a certain extent.



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  • walking_dude
    07-06 12:54 AM
    IV will become ready for elections when we have real candidates with real faces. I request all real candidates to publish their photos and accomplishments, their ideas for the organization; so that we can choose the best person for the job.

    Any volunteers? Why don't I see a single volunteer! Seriously, can we have an election without candidates?!

    I feel that initiator of this thread is not trying a coup d'�tat. He is merely pointing to the fact that every organization runs by elected officials. Having a life term president and core group is only heard in autocratic systems but not in a democratic one. What are we as an organization?

    Why are we afraid of discussing new ideas? Why shouldn't we open up IV organization for elections? There is nothing wrong in declaring the rules and then playing by those rules.

    So I completely support the guy who came up with this suggestion.




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  • aj_jadeja
    03-09 10:12 AM
    open real player. and open this URL.

    rtsp://video.c-span.org/encoder/dirksen226.rm?mode=compact



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  • lonedesi
    08-05 12:17 PM
    ^^^^^




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  • gc_on_demand
    12-11 05:06 PM
    Administration may not want to add that right now. I had poll long back to find out many of us are interested into it . Only few replied , with limited resources we cannot achieve any thing.

    IV core had same and similar job , AC21 on agenda for this year's agenda. FOIA was small side project at that time.

    Now coming to main point ... We see so many news that CIR is coming in early 2010. Administration may not want to add pre registration at that time when CIR passes and all dates become C for 2- 3 years. Then this pre registration will not help as long as you have labor approved. Whole admin fix is based on rule making process and that takes near to 6 months. Also new forms and new memo to all CIS dis offices. Way too for CIS my friend. They can be only on track with new process after year.

    If we could have done that last year then it might be helpful. Even I recently did some research and found that Pre registration process that those lawyers talks to attract us is for H1B. CIS wants to implement for H1B and then try out for other non immi worker category and then for Green card applicants. I bet you we will get GC by then.

    So we can contribute to IV and have IV to work on our stuff. Removal of country cap , STEM , Recapture etc.. That should easy line for all of us ( EB2 and EB3 )



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  • satyasaich
    03-08 09:43 AM
    Senator Cornyn has proposed some amendments related to broder security
    Senator Durban is also proposing some, but no harm for legal EB
    Stay tuned
    ok, one day is gone, now what`s will happen??




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  • SFSweta
    07-11 01:03 PM
    I can't believe this is how it feels to be sooo close to achieving your dream - regardless of how hard we've had to fight.....

    Congratulations to each and everyone of you in EB2-India and China that have been pushing and clawing your way (just like I have) to get your greencards. While my PD is a month away - I am so glad for you. Get ready to go on a loooooong break (mentally, emotionally, and physically if possible as well).

    I have been saving up every penny of my disposable income (after the shopping and eating out and everything else!) to go do the things I've wanted:

    Climb Mt. Kilimanjaro
    Spend 3 months with my family in India and Dubai
    Go back to Culinary School
    Go to Bordeaux and learn about wine
    Become an amazing photographer (just like one of the members on this forum...)

    The list goes on and on....

    But most of all - I can't believe that the moment is here for almost ALL of us to be free of the shackles and really really live our lives. I'm proud to have participated in everything and hopefully we ALL worked to make this huge of a difference and will see this effort through to help all our colleagues stuck in the EB3-India and China mess....



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  • mbawa2574
    07-06 02:22 AM
    [QUOTE=ronhira;462888]lahiribaba - you are my hero. this is the best idea yaar :D[/QUOTE
    good thought




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  • snathan
    02-08 08:04 PM
    you need to stop getting answers from others and solve this problem amicably with you wife. There is nothing better than a one-one discussion with her.

    Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.

    Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.

    You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job

    Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.

    These are somethings that you folks should have thought by now and discussed. If not, then you know now

    Read his case fully. Her two sisters and brother are also in the US...She is not the sole bread winner.



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  • learning01
    04-26 10:41 AM
    Bkarnik:
    I respect the efforts of IV and actively support them.. To kick up some dust and buzz, amongst our American collegues, TV news reporters, talking heads, professors etc., I suggested that we must write about this injustice. Taking SS Tax and Medicare tax from non -immigrants is injustice. Americans will not tolerate injustice. What we are discussing here, whether we should do something about this collectively at IV, so that our GC processes will be speeded up, as a indirect consequence. This great country should understand more the injustice is being done to us, the highly skilled immigrants

    - in visa extension / stamping issues (a family has to spend 6 to 10 grand to get a visa stamping, appointments are not availabe for next 4 months etc)
    - in employment (cannot take promotion, cannot easily change jobs without losing Priority Date),
    - in labor clearance and
    - in GC Process (visa numbers, etc)

    Thanks for the links. I didn't read them as I don't have to. I had indeed done research on the visa stamping issue. I am not ignorant, but I take your words as compliment.

    You must understand employment visas, like H1B are non-immigrant visas. That alone should make Uncle Sam stop collecting SS Tax and Medicare. If any trial lawyer does a class action law suit or what we call a Public Interest Litigation, the US government should be in lot trouble. Because no one is questioning, they are passing on. I was also told by a SWA high official, that there is a provision, that you can opt out of deduction of SS Tax and Medicare, if you are on H1.

    I want to focus on core IV goals. I will not post any further on this SS Tax issue. But, my last word is: dual intent is dangerous and applicants will be denied visa and entry into US. So, readers be careful. You have a non-immigrant visa.

    From US Embassy in Canada for visa stamping requirements:

    WILL I QUALIFY FOR A VISA?
    In order to qualify for most categories of U.S. non-immigrant visas, you must be able to demonstrate to a U.S. Consular Officer that you have a permanent residence outside the United States that you do not intend to abandon. You may satisfy this requirement by showing you have strong economic and social ties to your country of residence. "Ties" are factors that would require you to return to your country of residence, upon completion of your temporary visit to the United States.
    LIN: US Embassay Canada. GOV (http://www.usembassycanada.gov/content/travel/halifax_OF-156.pdf)




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  • diptam
    08-10 01:52 PM
    I talk in USCIS standards. They mentioned in last weekly report that they are compliant till 7/1/2007 but actually that was 6/29/2007.

    Nothing happens in weekend - so i mentioned Aug 12th as Today's date :D

    What are you smoking?? Its Aug 10 today..



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  • Libra
    07-06 12:35 PM
    Yeah because we already sent applications before bulletin revised:D

    Something is cooking and they try to cover their as.... before the legal action takes its stand....:-)), but it is too late for them..




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  • Green.Tech
    06-20 12:36 PM
    Any Happy Friday contributors?:)




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  • villamonte6100
    04-01 10:19 AM
    Well they do process millions of applications - H1's , EAD's , GC's ' I-140 , Labor and so many different kinds of visas and other applications . I must say that they are trying even if they are not succeeding. It is probably due to shortage of manpower and experienced personnel. Another problem is that the money that they get from all the application fees which is a very significant amont ( greater than a billion ) some of it is diverted to other programs rather than hiring more workers for USCIS .

    I guess we can only make efforts via rallies and other actions that IV does to make them realize the delays and streamline their process but the ultimate decision will always lie with USCIS unless a big political figure steps in .

    I totally agree.




    leo2606
    09-28 09:45 PM
    Make sure your script set the issue date 3 or 4 years in the past, we can apply citizenship soon.:D


    LOL. :) If I am a volunteer as an IO, I would get the names of all IV members, write a small script to approve their GCs, make sure the cards are delivered to the members, and immediately resign my job. :D

    Regards,
    IK




    GCKaMaara
    02-23 04:34 PM
    I am expecting about a year forward movement for EB2 India in April 2009 bulletin.

    I hope they move EB3 India to 16-Oct-2001 :)



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