Thursday, June 9, 2011

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  • gc_chahiye
    07-20 06:37 PM
    July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.

    Well it's done. Happy now?

    I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.

    And now the massive backlog is the result.

    You can't have your cake and eat it too.

    No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.

    I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.

    Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.

    It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.

    One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.

    Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.

    thats one way to look at it. The other way to see this is that:

    - given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.

    -there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.

    - instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.




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  • needhelp!
    09-12 11:32 AM
    thanks IV




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  • Lacris
    07-23 05:58 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




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  • vayumahesh
    11-16 08:04 AM
    Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.



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  • desi485
    12-03 01:28 PM
    There is a different thread also going on, but sharing it here for anyone who have not noticed it yet. RG updated his website with below information.

    Good news concerning AOS denials based on I-140 revocations
    (http://www.immigration-information.com/forums/showthread.php?p=25832)

    Looks like the header of that thread is misleading...though its a good news for those suffering because CIS error, it can mislead some IV visitors that issue is over. Unfortunately this is not the case, though it is some what relief to know that MTR are successful. However in first place, an applicant should not have to go through this HORROR. I wish CIS comes out and accept this error and make sure that this is not repeated again in future.




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  • Blessing&Lifeisbeautiful
    07-24 06:43 PM
    I am a PT on an H1B visa working for the last 3 years. I have a pending I-140 (PD March 07). My husband and I shall be filing our I-485's soon. My visa screen is valid till Nov 2009. At the rate things are moving dont think my PD will be current for a while. Does that mean I have to renew my visa screen in 2009? Not sure if it had to be present at time of filing I-485 or at time of receiving a visa number.

    I thought the visa screen should be submitted with your i-485 application. Secondly, as far as your visa screen is submitted b4 the expiration date, it should be ok.

    BLIB



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  • JazzByTheBay
    09-12 12:04 AM
    This is great... thanks! :)

    Dear XXXX,

    The issue of comprehensive immigration reform has received widespread coverage in the media over the last few months.
    The issue of legal immigration, though a part of the CIR was less controversial and therefore sadly received less coverage.
    Legal employment based immigration represents just 14% of all legal immigration and comprises mostly of high demand skills such as scientists, doctors, engineers, and other such occupations which in addition to filling an unmet need, creates further employment opportunities in the US economy. These are also the occupations that represent the most vital human capital of the 21st century for US economic competitiveness. Many of these people are US educated atleast in part and are currently gainfully employed and contributing to this vibrant economy.
    Unfortunately the current immigration policy is doing a great injustice to this group of individuals who have quietly and patiently been waiting their turn. Many have waited 5-10 yrs and are still awaiting their green cards. The current backlogs are ominous.
    Many have organized into a grassroots organization called Immigration Voice and are planning a pro legal employment based immigration rally in Washington DC on Sep't 18th. We would appreciate coverage of this first of a kind event which puts the spotlight on a just cause which for far too long has gone ignored by our lawmakers.




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  • satishku_2000
    07-23 04:26 PM
    I got the e-mail today as well. My PD is Sep 2005 and my I-485 receipt date was Sep 30, 2005.


    Couple of people I know got their approvals with PDs of 2004 and 2005 in EB2 and EB3.. Hopefully dates will look better in october visa bulletin.



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  • Saralayar
    08-11 03:09 PM
    Can someone start a new thread with poll for the July 17th - Aug 17th filers?. I am not able to start a new thread.




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  • GCVictim
    02-18 02:58 PM
    Looks like they doesn't want to move GC Dates. President has to give green signal to pass this. I don't know when will happen this.



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  • arnab221
    07-28 01:30 PM
    Folks ,

    Any approvals for the month of June ? Is there any hope for June filers ? There seems to lot of approvals since last 2 weeks folks . Can IV core provide some direction and guidance to the people stuck at Atlanta service center ?




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  • Edison99
    10-21 02:18 PM
    Congratulations 9years and celebrate this approval with family and friends!

    Hi All,

    My EB2 I-140 Approved in 2 days (Premium Processing).

    Service Center: Texas
    Application Received Date: 10/12/2010
    Application Approved Date: 10/14/2010

    This is just to share with all of you.

    Thank you.



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  • Libra
    09-13 04:30 PM
    thank you GCNaseeb and sunty for contribution. LET'S GO TO DC.

    $100 Sent thru Paypal. (ID #9U1869976C484994N)


    Go IV Go.




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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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  • himu73
    07-19 11:16 AM
    Only lawyer or the employeer contact can call for labor status queries. DOL does not know you exist. Be careful there is no relation between labor and green card AOS. If you call it shows that you intend to immigrate while on H1. It might work against you.

    Can anyone please post a 'sample letter' and the contact information?
    I want to post a hard copy of the letter personally to the Atlanta center.

    Stuck since April 15th.




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  • sundeep14
    06-11 10:33 AM
    this really sucks !



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  • desigirl
    01-31 09:32 AM
    Congratulation to 9years and Vayumahesh. Thank you both for documenting your journey. My EB2 perm was applied from the new company i have joined and it is approved this month. Hopefully i should be applying for I-140 next month.

    I have applied my 485 in July 07 but i was not married at that time. I am married now and my my wife is on H1B. When should i add her or amend my I-485.

    Thanks

    When you become current and before you get your GC approval notice, you should file 485 for your wife.

    Disclaimer: Not an attorney.




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  • vkxml
    07-05 12:21 PM
    I suggested this other day - nobody responded. Please anyone attending TANA can you please contact organizers and see if they can arrange couple minutes of Hillary's time to highlight this issue.


    http://71.18.190.102/index1.asp
    This is the website for Tana

    Following are the members associated with it. Can anyone get in touch with them.

    Dr. Bandla Hanumiaiah
    PRESIDENT, TANA
    (248) 470 1630
    president@tana.org


    Dr.Yadla Hema Prasad
    Co-ordinator
    (301) 801-6973
    hemayadla@
    yahoo.com


    Jayaprada Valluripalli
    Deputy Co-ordinator
    (301) 869-9590
    jayapv111@yahoo.com

    Satish Vemana
    Regional Vice President - East
    (703) 731-8367
    vemanasatish @yahoo.com




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  • permfiling
    09-16 02:26 AM
    Dear friends,
    I made my first $100.00 contribution and would like to sign up for more. Google Order #834309558256739 .

    I thank all the efforts of the members of immigrationvoice.org.

    --From SF Bay Area




    john2255
    07-23 10:47 AM
    NY/NJ/CT/MA Members -

    Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.

    Obviously, Sen.Obama does not care much for Indians!


    This is also a very good idea. By the way how many wrote to their senator's.




    laborman
    04-26 12:38 PM
    As per the latest update provided by the DOL to the AILA, of the 363,000 backlog cases pending 108,000 have been completed; 50,000 Certifications have been issued and 255,000 cases remain pending. The DOL further advises that they are on track to issue 45 day letters on all remaining cases by end of June 2006.

    My PD is Sept 2003 and I haven't yet got my 45 - day letter. :(



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