Sunday, June 12, 2011

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  • asharda
    08-10 01:41 PM
    Its random at best then anything else. According to my lawyer, my application (EB2) was there July 2nd morning.




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  • sunty
    09-13 04:27 PM
    1) Pardon me for being a fence sitter till now.......I did take part in flower campaign etc..but I don't know what happened to me after that...I just stoped caring about this whole GC thing, even though I have filed 485 etc...I know it's gonna take a long long time to get it....but enough of depressing thoughts...nothing can be achieved being depressed...so here I go...

    contributed $100
    Google Order #260356041440563

    planning to attend the rally also..what wil be the verse that will happen..will loose one day salary...I urge all other "will be there in spirit" participants to actually come to DC and make the rally a success.




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  • ras
    10-16 05:47 PM
    Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
    Issue/Background:


    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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.


    Should you have any 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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  • narayan_id
    01-05 01:09 PM
    Certified Labor

    Hi guys here my details,
    EB3 RIR
    PD Oct 13th 2004 , WV
    State labor cleared -WV- Jan 31st 2005
    45 day ltr recd 2nd aug 05 replied 4th aug 05
    Status certified as of Jan 4th 2007
    ETA# P-05117-7xxxx

    Best of luck to all.



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  • puriyu
    03-31 10:15 AM
    :)I am sorry but i think there is no point to discuss this concern whether USCIS has ability or not..... Just support IV, group 2gather and fight....




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  • pointlesswait
    04-30 04:57 PM
    when i said ..dont expect any improvement..i get a red dot..bummer!

    this was just an eye wash...typical bureaucratic BS..



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  • ameryki
    01-19 11:39 AM
    Hello Rameshk75,
    Thank you very much for your reply. It gave me a mental peace. Do anyone believe if I go to the local office on next tuesday they will do something for me ?

    i don't think going to local office is going to help. be patient you should get it. In my case it took almost 4 weeks since it got approved to physically receive AP. Although I don't know how long my lawyer held it prior to mailing it to me.




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  • gemini23
    08-02 03:48 PM
    Thanks kondo. its really a good news.



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  • Nagireddi
    09-16 09:53 AM
    Dear friends,
    Unfortunately, I am not able to attend the rally. I have just found out that my cheques have been cashed. I am contributing another $100 once again.Google Order #373309135239869
    My sincere prayers to the god that our rally will be a huge success.Good luck for all of us.Keep sending us the photos,videos as the events are happening.
    I LOVE IV.:)

    Applied 140/485 concurrent on 8/6/07 to NSC-EB2




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  • ps57002
    07-27 03:38 PM
    any recent approvals...please let us know..give us hope....



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  • chisinau
    11-18 08:27 AM
    Hi!
    I have the opportunity to receive Canadian Permanent Residence. But for the US my PD is Sept.2006 in EB3, schedule "A"(which does not exists anymore :-). The question is: Will I be able to pass the interwiev succesfully and receive the GC, when my PD is current? Or it is impossible after receiving Canadian PR? I mean is it possible to have both Canadian PR and US GC at the same time? If now, please suggest how should I act in this situation?
    Thanx for you opinions!




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  • skv
    06-18 10:27 AM
    Good Morning guys,

    So we all should be fine to file I-485 up until end of September guys, before the retro kicks off ?



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  • zappy
    06-04 08:59 AM
    I got my GC couple of weeks ago and IV has been like a true supportive friend throughout my long wait for this day.

    As a way to 'celebrate' my GC, made a Contribution of $500.00 via PayPal.

    "This email confirms that you have paid Immigration Voice (donations@immigrationvoice.org) $500.00 USD using PayPal."




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  • Mahatma
    07-14 01:15 PM
    Could you give me IV address wherein I can send my cheque?

    Small is beautiful. Kaizen means small change but consistent change. It brings good results.

    Thanks for doing this.



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  • venkygct
    09-11 08:44 PM
    pstvak,
    We do have sponsorships available. Please vote in the following poll and let us know your requirement. We will assist you
    http://immigrationvoice.org/forum/showthread.php?t=12441

    Thanks
    --Venky

    I support this great org. Difficult to travel from WA with famliy and kid.

    Contributed 100$. Google Order #204480874815294

    Regards




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  • pappu
    09-09 08:08 PM
    Contributed 100 dollars just now through Paypal.

    Confirmation Number: 51X04511CD291564U.

    I am a great admirer of IV and all the efforts IV did so far.
    I am going to participate 100% sure in the rally. I am spreading word of mouth everyday about the rally. So far I had convinced 15 people to attend to the rally. Everyone complained that they have work on that day as I expected. However I convinced them and they are 100% sure to participate.
    I am pretty confident that this Rally is going to be huge success and will change our lives for sure.

    Thanks everyone for contributing so far and also convincing others to attend the rally or helping IV in any way you can. I will add up the numbers and post updates every couple of days so that we know how we are doing on the target.Thanks again for contributing. Lets try to reach our target much before the deadline. 7 days to go now.



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  • gc_kaavaali
    07-14 05:53 PM
    Come on guys!!! please contribute for good cause.




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  • vk_vkumar
    07-15 03:14 PM
    The following memo from DOS to CIS says it all:

    July 2, 2007

    TO : CIS Section 245 ADJUDICATIONS

    FROM : Immigrant Visa Control

    SUBJECT : Authorizations for Employment CASES

    Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

    The above action is a direct result of the sudden backlog reduction efforts of CIS offices during June and the first few days of July. During this short time period over 60,000 requests have been received and authorized. This is in comparison to the 66,425 CIS requests which were authorized during the first eight months of the fiscal year.

    Please be sure that this information is passed to all personnel involved in the process of obtaining visa authorizations from the Visa Office for Section 245 cases




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  • willwin
    04-01 04:34 PM
    First of all why do U wanna ask that? Its an employment based visa that ur GC is based on. So, ur employer shud ask that. Why are u asking IVans to do something which is not in their control??? I keep getting red and dont mind if I'm banned. But excuse me...u r misleading IVans. My point is this. We can protest, rally based on the delay. Thats pretty much we can do. Inquiring into a Government agency's internal affairs is none of ur business. And I repeat u dont have any rights to do that as u have NO direct link to USCIS. U have applied thru ur employer and ur employer shud speak for u. Do u even get it? Ur statements and arguments have no logic whatsoever and misleading.

    I tend to disagree on this. Sorry about that. What you are saying may be true until the case is in LC phase or perhaps, I140 phase. Beyond that, I BELIEVE (correct me if I ma wrong and dont jump on me) that the individual can deal with USCIS as far as queries are concerned. May be, if there was a RFE, then the employer/attorney should dela with. But not queries.

    If not, why is USCIS even responding to queries on 485. Are they doing something that they shouldn't be doing??




    GC9180
    12-10 09:06 PM
    In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.

    If they are saying if spillover is used they would ensure eb2 I & C would have same PD dates. Since eb2 C is may 05 and for eb2 I to reach that date ( may 05) it would need at least 4k spillover visas...i think till then they would not a lot any spill over visas (1st 4k) to eb2 c .. and from that date onwards the spill over visas would be shared between I & C.




    josecuervo
    07-28 07:37 AM
    Hello everyone.
    Please share your experiences if you renewed your NJ DL with EAD renewal notice.

    My nj dl is due for renewal. I have applied for EAD renewal. I have the receipt notice and am working on EAD.

    Thanks



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