Friday, June 24, 2011

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  • kkt_tkk
    09-07 01:18 PM
    Hi,

    I entered in to USA on 11/1999, still working on H1B
    GC: PD is 2005, EB3

    I can't port to EB2, as my education is combinational (Diploma + AMIE), not 4-year single degree.

    Thanks,
    KKT



    Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it�s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let�s accept that they know how things work. Life is about learning and then What Next? It�s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran�s you give us the motivation to hang on. OP you seem to have started a nice discussion.




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  • AllVNeedGcPc
    01-30 10:01 AM
    Hello VayuMahesh: Congratulations on getting greened.

    My EB2 140 got approved more than 10 days ago, with old EB3 priority date on the approval letter (and my old A number), but still no LUD on my existing 485s.

    Do I need to do anything to get it moving? How do I put a Service Request on 485? The online system to put an eRequest only lets you do it for N400 or I90.

    Thanks in advance.


    Lot of weird things. Still waiting for 485 approval even after sending interfiling request in mid-November. My attorney has sent an email reminder again 2 weeks back. Even for the I-140 which was approved in November 1st week, online status still says "Initial Review".

    Opened a Service Request early this week and received a reply with the status as follows.

    Thank you for contacting us about this case. According to our systems this petition was approved and it has been sent to production. Your case will be processed in order based on the approval date. If you do not receive the document within 30 days feel free to contact us again.

    Online/Phone status is still processing .... I have to just wait and see I guess.




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  • ArkBird
    08-12 03:10 PM
    Am I the only one here feeling like being used as toilet paper waiting to get flushed with other "stuff" ??




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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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  • gimme_GC2006
    02-09 10:27 PM
    The first bulletin with Eb1 and Eb2 spill over.
    Last year:
    Mar 2008- India Eb2 U
    Apr 2008- India-Eb2 01 Dec 03

    This year may be:
    Mar 2009- India Eb2 15 Feb 04
    Apr 2009- India Eb2 28 Feb 05 (My PD :))

    Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D




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  • Asian
    08-10 10:44 AM
    No. It is true to some extent that we are paying more taxes.

    Take my case for an example. My kid is not an American citizen. She moved with us when she was a baby and currently under H-4 status. So she could not obtain social security number that is good for "authorized to work". Without the SSN, we were not eligible for certain child tax credit, which was hundreds of dollars. I tried an ITIN but I got a formal response from IRS that the child still needs to have a SSN to be eligible for the credit.

    If you ever filed your tax return yourself and have a kid, you will know what I mean.

    just one correction:


    I do not think the above is true.



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  • paskal
    09-11 12:34 AM
    there is still time even for the rally
    if not going- plenty of time :-)

    guys they are shipping very quick
    all i did was to use "standard" instead of regular shipping
    cost me less than $2 more for 3 items
    here's my deal:

    ordered friday night
    shipped monday morning (first working day)
    in transit now and scheduled for delivery wednesday

    so you can still order and get it for the rally!!!!




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  • mirage
    08-03 11:45 PM
    Pani,
    Thanks for Drafting this letter. I would add Rep. Zoe Logfren(Chairwoman of the immigartion subcommittee in the house & Senator John Cornyn Chairman of the immigartion subcommittee in the Senate) officials usually respond when things are addressed to Lawmakers too..
    Guys please send out this letter.

    I will appreciate if you could add these 2 in your 'Copy to' section...

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072



    Thanks



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  • GOTGC
    07-25 07:56 AM
    We applied in Nebraska in August 2003, Cleared in State on August 29th 2003, Transferred to Chicago DOL on Sept 1st 2003..Got Certfied on Oct 16th 2003...So yes..in some states Labor was VERY Quick.




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  • mbawa2574
    09-17 08:55 PM
    There cannot be partners for LLC located internationally ?



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  • sunny1000
    04-30 05:01 PM
    For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.

    I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.

    Hope this comes true.




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  • billu
    02-27 07:30 PM
    is there any hope for bridge legislation in '08?....or this year will pass by due to the elections?......is there any realistic chance of bridge amenment ever being passed?....i am starting to lose hope now......



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  • tcsonly
    11-10 08:37 PM
    Count me in. I am in Pasadena, Los Angeles county.

    C.




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  • vbkris77
    08-12 11:08 AM
    So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..



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  • diptam
    07-06 01:04 PM
    He is a excellent lawyer it seems , may be i'll hire him ...

    What is his name , is he/she a AILA member ?


    My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.




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  • ink_123
    07-18 06:45 PM
    Will do more in the future. Thanks IV for all your efforts



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  • ssk1127
    08-23 07:20 PM
    I am on the same boat, can anyone please clarify?

    Mu thpoughts and assumptions. Might want tot talk to your attoney too

    > First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval

    > Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs

    > As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"

    > You might want to check your application once too

    thanks
    satish




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  • baburob2
    03-09 10:03 AM
    i believe the way it is going to proceed is if they don't have time to discuss everything they will discuss the rest in the senate floor. however if the conflicting ones like illegal aliens one, enforcement ones are resolved then this bill might go to the floor and the remaining ones would be discussed. hence if till tile 3 is over then this bill might be considered for vote on teh senate floor. this is my understnading based on what i heard.




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  • perm2gc
    07-23 03:22 PM
    Hey you are mentioning that you are in EB3 India with a Priority date of AUG 2004. When did you file for the I-485. To my knowledge it was never until this July Fiasco. Can you please explain.
    Concurrent filing was present at that time :D




    inskrish
    09-28 09:59 PM
    I can work on weekend for free, where to apply? atleast i can push some of them out of line. i mean i am very good in approving cases.

    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




    nivasch
    03-09 05:07 PM
    From Visa bulletin for Schedule A Workers (Q..)

    ===============================
    Schedule A Workers: Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 �recaptured� numbers.
    =======================
    So from now on words those 50k can be use for us?:confused:
    -----------------------
    EB3_NEPA, I'm pretty sure that's how it works. They first use the regular EB3 numbers available.



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