Saturday, June 11, 2011

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  • Keeme
    03-06 05:57 PM
    To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
    a) LUDs
    b) Name Check 180 days rule
    c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....

    Agree. I still blame name check 180 rule - a major decision by USCIS/FBI helped this backlogg to go from bad to worst.

    Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.




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  • ronhira
    08-12 02:36 PM
    yawnnnnnnnn...... i'm waiting for someone to start attacking & blaming others for this...... something like andra v/s tamil or north v/s south india fight..... when r we going to start that..... i'm ready with a box of popcorn to enjoy that "debate"..... lets add some masala to this.... otherwise its boring.....




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  • immigrant-in-law
    01-10 01:19 PM
    NSC

    congrats! can you please post which service center approved it? Thanks.




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  • senthil
    07-23 06:12 PM
    couple of my friends who had PD's 2004 feb and april
    EB3 india too got their I-485 approvals last week.



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  • ragz4u
    03-09 11:34 AM
    I am assuming that will be the end result. It means they will not be counted against any VISA CAP.

    If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines

    Again, not too sure if I understood it right




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  • axp817
    03-12 02:57 PM
    I'm all for the donors only area.

    nuff said,



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  • ajit77
    09-20 10:45 AM
    Hey I was in similar situation. My current H1 is expiring on Sept 30th 2007 and my extension application was filed on Aug 22nd 2007. So I was not expecting my H1 to be approved till way beyond Sept. But then I checked with Local DMV in virginia and they told me I can get a temporary 1 year extension on my DL if I can show them the receipt of my H1 extension application. I got that from my employer and my DL by extended by 1 Yr till Aug 22 2008 ( date when H1 was applied) my state is Virginia if that info helps.

    I am in a similar situation. Which DMV office did you visit in VA ?

    Thanks




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  • paskal
    07-18 06:55 PM
    Both me and My wife were really impressed by the excellent work IV has done and achieved. I have made a contribution (albeit small) in the past, and will very much like to sign up for recurring contributions. We pledge to contribute $50 monthly as soon as my Wife gets her EAD. We were intending to signup for $20/month right away, to upgrade to $50/month on getting her EAD but I do not see that option anymore.

    Anyways, my pledge still stands effective on the day we receive my wife's EAD.


    the $20/mnth was pulled a while back- hardly anyone was signing up for monthly contributions and everyone went for the lwoest amount. all in all a shameful situation. my humble suggestion- in a lumpsome, donate the amount equivelant to 20/mnth for the next 4 mnths ie $80, then when the EAD comes you can start recurring contributions.



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  • StuckInTheMuck
    07-11 10:53 AM
    First new Iphone and now this news. I am still in Sep 06 but this type of things keeps the hope alive :).


    Maybe you should now change your handle to USDream2DustBack2Dream :)




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  • funny
    09-11 07:17 PM
    I am in too...its not going to harm anything...



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  • WeldonSprings
    05-02 04:15 PM
    I know everyone has looked at the Visa Bulletin. Here is a quote from it-

    2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

    So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???


    It really appeared to me that by the way lofgren asked the questions, and her comments (So recapturing is first step, She mentions "i will let the co-author know that you like the bill to uscis/state dept officials" etc. See the video again if u missed it out) makes me think they will go ahead and introduce in house for voting. What happens in the house is upto your speculation. Lets cross the fingers and wait for updates.

    by the way they have 5 business days to ask any questions or clarifications which will end on Wednesday, So until then lets sit tight.




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  • WeShallOvercome
    07-05 01:52 PM
    Good job pcs !!

    I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!



    I met the local office of my Congressman with the following documents to make it easy & simple..

    A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )

    A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.

    Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July

    Above was good enough to convince them regarding the mess & they promised action on their part..

    IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS

    NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION

    This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.

    I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date



    Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.

    Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony


    Since your butt is on fire like mine.... I do not think I need to convince you to act on this


    Best wishes



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  • eb3july2003
    04-17 07:55 AM
    I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey

    1. Initial labor
    a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
    b. Approved - August 31 2006

    2. EB3 I140 (NSC)
    a. Filed - October 11 2006
    b. Approved - April 6 2007

    3. I485 (NSC)
    a. Filed - July 19 2007
    b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)

    4. Perm
    a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
    b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
    c. Approved - Feb 15 2011

    5. EB2 I140 (TSC)
    a. Filed - March 9 2011, Premium Processing
    b. Approved - March 21 2011 (A# and Priority Date retained)

    6. Interfiling
    a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
    b. March 29 2011 - Lawyer sent the official Interfile Request
    c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
    d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
    e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
    f. Waiting on the physical cards to take a long break :)

    Wish the very best to everyone else waiting on the GC line.




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  • arnab221
    07-20 12:32 PM
    750,000 applications ? Does that mean the PD will be 01 Jan 1900 after October ? I think you grossly overestimated the number of applications . If the GC quota is 9800 for India then to process 750,00 applications ( most of them will be India I am sure ) will take like 20 years . Thats impossible man !!!



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  • 485Mbe4001
    01-04 01:13 PM
    We have meetings every thursday at 7pm, you can join in if you want, i am from irvine too. i can send you the details let me know, if you and roktamurty are interested.

    Hi Jimmi,
    Count me in as well. I live in Irvine.... Great effort.... Lets get this rolling...
    Regards,
    Smarteey




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  • Green.Tech
    06-04 11:51 PM
    Folks, the bills are going to be taken to the next level soon...We don't have much time....Please contribute financially for this cause so we can all get GC's sooner than later...

    Who knows when our next opportunity will come!



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  • skd
    04-14 12:58 AM
    Had anybody have to send Driving License for filing extention of h1b?




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  • Libra
    09-15 10:42 PM
    where are first time contributors, Milind is waiting for so long, com on now, dont make him wait.




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  • ashutrip
    06-20 01:28 PM
    Refer this.

    http://immigrationvoice.org/forum/showthread.php?t=2567
    anybody here who got his labor certified from Atlanta off late




    ski_dude12
    07-11 11:20 AM
    Welcome news for EB2. For EB3.. hang in there folks... things will happen soon for you all.




    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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