Sunday, June 19, 2011

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  • lifesucksinUS
    09-10 11:48 AM
    It certainly is a bad news..
    guys my PD is april 2004, does that mean I stand no chance. I had RFE on 08/14.Should I still keep hopes till the end of the month, or its all over for me till my date gets current again...Senior members plsssssssss respond...

    why do I have this red spot.. ?????:mad:




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  • ashutrip
    06-21 01:16 PM
    Link to post at IV (http://immigrationvoice.org/forum/showpost.php?p=86268&postcount=5)
    http://www.youtube.com/watch?v=TCbFEgFajGU




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  • kumar1
    08-13 05:22 PM
    Thank you for this thread. This news has given me fresh energy to start my case one more time under EB-2 category. I just finished filing a long document for my attorney. This news has given me enough strngth to do that. My advise, I do not see any hope in EB3-I category, unless someone makes a change in existing laws. I can't complain about EB-3 either because we could file I-485 during July-07, my wife got EAD and we do not have to go to consulate every time we visit home country. When there is a will there is a way. It is hard to just sit and watch this so called BS or DOS visa bulls.




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  • NKR
    01-06 07:38 PM
    By the way, since when 100's of students mean a couple of folks? So far I have taught about 100 such students. And I and my colleagues have been observing problems with such students for over last 5 years or more (about 1000 students). These are not anomalies, rather statistically significant observations.

    And, by the way, (almost) all these students join Indian consulting companies after graduation, which means (at least those) consulting companies care nothing about the quality of the employees. Banning H1-B access to such consulting companies will be of desirable, indeed.

    You seem to be a guy from north India who dislikes anything remotely connected to south, or probably you are envious of the strides that south India has taken, anyways I do not care what YOU or Wadhwa says about the quality of education in some parts of the world.

    I do not know how this discussion is going to help our cause.

    Moderators, please close this thread. This thread has potrayed India in bad light to the rest of the world and has given enough ammunition to anti immigrants.



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  • h1techSlave
    10-01 12:13 PM
    This loss of visas is due to:

    gaps in USCIS� accounting of cases;
    USCIS not processing enough pending applications in a timely manner; and
    the imprecise art of predicting workflows and demand surges at three federal agencies:

    Department of Labor (DOL) (approves labor certifications);
    USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
    DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).


    Macaca, thanks for the analysis.

    My question is, is IV paying enough attention to this?

    What I have seen is that IV is spending 80% of its energy to change the current immigration law (increase the EB visa numbers in some fashion etc.). As far as I can see, this is not going any where due to a variety of reasons.

    Is it time to rethink our priorities? If we put more of our collective energy to force USCIS to do a better job, will we get better results? Sure, the immigration law needs fixing. But our predicament is not due to immigration law. Our predicament is that the USCIS is not doing a good job. They are only working 4 hours a day. (I saw a post from a person who went and looked around the USCIS parking lot on a Friday :D. He/She says the parking lot was empty in the afternoon.).

    I suggest that the IV core spend 80% of energy in fixing the USCIS bottleneck. We should have another rally infront of the USCIS doorsteps (or a flower campaign or a card campaign or a degree copy sending campaign). 20% of the energy can still be spent on fixing immigration law.




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  • chisinau
    07-22 11:44 PM
    OK!
    Where are you schedule A? Come on, join this forum, share your opinion and propositions!

    Do all agree that "bridge bill" is the only real helpful measure for us? Or you can show us some other ways?

    I mean let's set at least one goal!

    After that we can establish what we have, and how we can make it real.

    Anyway, it might be quite difficult to organise such a work group, because the majourity of schedule A are outside the US, and on CP... But we all have our emploiers and attorneis who could help us to lobby our interests in the US.

    What do you think about it?



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  • 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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  • addsf345
    11-12 02:07 PM
    Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.

    LINK: http://indiapost.com/article/immigration/3783/

    "The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.

    If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."

    I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.

    Gurus, please disect this if what I understood is true?

    found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.



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  • yibornindia
    11-25 01:51 PM
    The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.

    I agree with Chandu, we should try to get this from CIS. Just don't know how:(

    I am on EAD with an employer who doesn't understand or willing to work with any immigration issues. If my 485 will get denied in error, I will surely loose the Job, as leave without pay is also not an option for me. I wonder if I loose my job this way, will CIS consider this after an MTR or will again reject my 485 stating 'no job' as a reason?




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  • Libra
    09-28 10:03 PM
    hey dont worry abt application, i'll send you GC in mail.

    Long live. Libra! :D When you do it , could you please find out my missing application from the mounds of USCIS documents, and push it through the system? :D

    Regards,
    IK



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  • saveimmigration
    09-10 11:55 AM
    The worst thing that can happen is it retrogresses further next month. I think it will move at a slow pace until the "fiasco"season starts in July




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  • texanguy
    09-10 05:23 PM
    What this means, is that the december visa bulletin is the correct time to expect a major jump on the priority date. since the leftover visas (EB1 & EB2) from other countries for the first quarter will be used for the oversubscribed countries.


    Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.

    I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.



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  • priti8888
    07-23 06:07 PM
    My husband doesn't even want to look. He says he'll become too agitated, so only let him know the good news. I'm addicted too, but this could become a problem for me, since this week I have finals at school:o


    I am the better half too!:) Anyway, just an FYI. Since you got your RD, i would suggest you inquire about your and your familys name check status in the next few months. As far as i know, name checks are cleared whithin a few months of RD or few months after 1st Fingerprint. This would just give you some peace of mind...




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  • ksrk
    02-19 08:38 PM
    I am hoping they just dont tie EB2 I and Eb2 C at 15th Feb 2005 in April 2009.
    Previously we have seen bulletins where Eb2 I and Eb2 C have tied up at 1Apr2004.
    I dont know how many iterations it will take before it reaches the RIR/PERM boundary(1 Apr 2005)

    We know predicting visa bulletin movement is next to impossible (for anyone) with even a semblance of a proven record (over a long period of time)...
    But we still can't turn our heads away and resist the temptation to make an attempt, so here goes...for a tickle, if not anything else...

    If previous years (particularly last year) are any indication, since EB2-C has been leading EB2-I for the first two quarters of the FY, it appears that they will tie up at 15FEB05 - IF there was any logic to this...

    Now, we know there is no logic or method to this madness - so it might well move further or not move past 01APR04 or not move at all. Three more weeks and we'll know!

    Good luck everyone - and don't hold your breath!



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  • Green.Tech
    06-17 05:12 PM
    Paypal away!!!




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  • ItIsNotFunny
    12-17 03:24 PM
    I think most of the members in this forum updated their data, at least from EB3 India I am sure. If you guys can pull data according to PD from administration console, you should be able get some valuable data to show. I wondered why this has not been done so far??? million dollar question???

    Do we have any data available from FOIA request? Anyone?



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  • srikondoji
    08-11 11:05 AM
    Was away on business travel for last 3 days.
    Coming to your friend and his call, the information i passed on is what i got from rep.
    Looks like there are lot of applications received by USCIS on july 2.
    Hopefully we get some direction by next weekend.
    Hang in there. We are all on the same boat in still waters.:eek:
    A freind of mine called. He did NOT hear such thing from NSC. He even refefrenced this discussion




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  • gcadream
    02-24 08:21 AM
    Is there any vague possibility of dates getting current once again, just like what happened in 2007 so that we can at least file for I485 and then move on to EAD because getting an H1 extn is also a very big pain these days and I'm really going through the misery and pain of it.




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  • saimrathi
    08-10 01:46 PM
    Did you file concurrent?

    Its random at best then anything else. According to my lawyer, my application (EB2) was there July 2nd morning.




    soumeeram
    03-09 12:13 PM
    Eb2- i - 15-reb-04
    eb3-i - 01-nov-01




    rennieallen
    09-28 08:51 PM
    They are working overtime for it, hopefully 24 hours as well. This is my fear even before this announcement that visa numbers be wasted again.

    Maybe we can volunteer to adjudicate each of our own case...lol!

    When I was a kid in school the teacher solved the bottleneck (of him/her doing the correction of tests) by having the students mark each others tests.

    I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)



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