Sunday, June 19, 2011

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  • kuhelica2000
    09-15 05:13 PM
    I wasn't planning on porting my PD until I read this nonsense "Injunction" threat. I will now port my PD; GCTest - go and file your injunction. If you don't have enough balls to do that I can lend you one.


    That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.

    Infact, it would be wrong to call this a lawsuit.

    We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.

    If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.

    The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.




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  • diptam
    08-12 01:18 PM
    I worked for a MNC here in first few yrs at US (from 2000) and they suck up your Tax return , used to give a worthless health insurance and 'sweat shop' ( this probably a worse word than 'chop shop') like allowance for 12-14 hrs of work . If you do NOT accept that or ASK QUESTION your flight tickets back to origin to will be arranged. I know these practices changed to some extent over a period of time but by that time I left them and started doing things on my own ... :) and i'm very happy since then.

    Another thing , I worked for good but medium sized consulting firms with US after leaving those shops ( sweat/chop/body whatever kind u call them) and they do maintain perfect balance - hardly 30-40% is H1B - they pay market salary to the H1B's ,standard health insurance , always got paid if i worked beyond 8-9 hrs ...

    Lot of folks are like me within the community ...

    Not true. Whatever they can outsource, its already gone. There are certain position where the clients demand onsite resource. I am not supporting this bill in anyway, I hate infy as much as I hate this bill. Remember these companies did not leave any stone unturned, milked the client every possible way and expoilted the employees to the maximum extent. In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.




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  • bhatt
    05-29 11:58 AM
    Does any one face this ?

    Bank asking 3yr VISA from the date of closing ?

    trying to understand, if this Bank only is insisting for it.

    Try FHA loans!. Also need to pay 3% down payment




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  • wandmaker
    06-09 12:29 PM
    i was regular contributor to IV ..I stopped it ..

    My request is ..

    All postings on IV should identify the user as contributing member or a Free User.

    That change will help IV to increase Funding ..

    I will sign up for monthly recurring to IV if I see above change ..

    You can add your contribution details to the signature. Remember, all the IVans are not paid for volunteer work. If you have time, please feel free to write the component compatible with joomla, paypal and google-checkout to implement this. We need to focus our energy on the action items, which will bring the benefit to immigration community through the bills that are in table.



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  • satyasrd
    08-24 07:19 AM
    Pappu and IV seniors -

    Do any of you know and if so could you please clarify what this new memo is about and how it especially affects the EB2 category ?
    Does this now mean that for a non-advanced degree holder the qualification needed for EB2 is Bachelors+10 years of ex. ? If this is true it's really messed up for all the EB3's hoping to port to EB2 based on experience.

    Thanks.




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  • satyasaich
    07-16 09:37 AM
    Admins

    is it possible to send an email, probably daily once to all members about High Five ?
    I feel that most of the members are not aware at this time. Usually when ever something is happening live at senate or congress, more members visit and follow the proceedings. Since there is nothing like that right now, i think it's time to communicate to all of'em.
    Just a thought to increase the momentum. This is a great initiative indeed in this tough economy

    By the way, i've mailed another check of $50 today morning, towards yesterday's target of $2000

    Satya

    Good Morning people.

    A new beginning today. We missed our target of 2000 yesterday. Today we have a new target.

    $3000.00 by mindnight EST.

    Will we make it or will we miss again?

    Common IV'rs, this a chance at redemption. Let us show the anti-immigrants that we are UNITED.



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  • alanoconnor
    01-23 06:16 AM
    pd dec 03
    rir
    case "in process"




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  • gc28262
    08-08 08:30 AM
    Since we are trying to address I-140 delays in general at TSC and NSC, can we just send a general letter to Ombudsman's office without specifying our case and DHS Form 7001 ?

    This way it will turn out to be a letter campaign.

    What do you think ?



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  • GCStatus
    09-14 04:16 AM
    Please join our hands at "If i can be a little blunt" thread




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  • dval_dpal
    12-12 08:53 AM
    I have refinanced with Wells Fargo without any issues. If you need more details, please PM me.


    your help would be helpful....

    i'm also doing refinance with wellsfargo...(submit I-140, EAD)

    they r asking for Green card...

    If i send I-485 receipt now, would it be enough???

    thank you



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  • imv116
    07-15 09:08 PM
    We can request participation from other ethnic organizations, but that would be minimal unless they are victims of July VB bulletin.

    If the cause was overall legal immigration, certainly we can request/demand such participation.

    -imv116




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  • makemygc
    10-25 11:59 PM
    I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.

    Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.

    I would suggest OP to add the copy of yates memo and the follow up memo to the posting.

    Thanks
    MakeMyGC

    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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  • babu123
    04-04 11:17 AM
    What is the difference between LLC and C Corp.
    which is better to open out of the two if we are in EAD.




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  • $eeGrEeN
    09-10 12:38 PM
    checking my rep.



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  • new_horizon
    05-04 12:41 PM
    Called all Senators in Tier 1
    Scott Brown - Will pass message. Initially confused with illegal immigration which the senator is against.
    Judd Gregg - Will pass message
    Richard Lugar - Supports high skilled provisions
    Michael Enzi - Will pas message. Does not know the position.
    Lindsey Graham - Left message
    John Ensign - Senator opposes CIR. But will convey message re. our provisions.
    Orin Hatch - Left message
    John Cornyn - Will pass message. No position yet
    John Kyl - Will pass message
    Mitch Mcconnel - Will pass message. No position yet.
    Amy Klobuchar - Will pass message. No position yet.
    Claire McCaskill - Left message.
    Jon Tester - Will pass message. No position yet.
    Jim Webb - Will pass message. No position yet.
    Sheldon Whitehouse - Will pass message. Reviewing the bill.




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  • ags123
    03-07 02:08 AM
    bump



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  • yabadaba
    07-11 12:01 PM
    heres the thing..we have been talking about the 2004 hump for eb2 for a while now. if you download the perm data from 2005 you will see only 7000+ PERM approvals for India. this included a significant number of EB3 other worker categories like pipe welder, cook, etc ( i am assuming they were eb3 -other worker...correct me if i m wrong)

    this was the breakdown per month for perm 2005

    March-1
    April -13
    May-72
    June-324
    July-351
    Aug-833
    Sept-1172
    Oct-1212
    Nov-1541
    Dec-1771

    7290 - includes everybody - eb2, eb3, eb3 other workers

    the whole question was the hump of 2004-march2005

    ithis is the first time since when retrogression started on oct 1 2005, that the dates have moved beyond 2005.




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  • GOTGC
    07-24 02:22 PM
    Visa number is differnt from A #- which is application number.
    Law allows only 140,000 EB visas per year, which are again subject to country quotas,EB categories etc
    Every 485 approval uses a Visa number.
    So for 485 approval there should be a visa number available.



    In last quarter of every year, USCIS can approve 485s irrespective of country limits inorder to use up all visa numbers.
    That is what happened in June/July and happening now- Inorder to exhaust remaning 60K visas for yr 2007, USCIS assigned a visa number to pending 485's before approving them.(Tons of approvals coming from NSC and TSC are for cases that had visa number preassigned before July 2nd Visa bulletein revision)




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  • singhsa3
    04-30 04:34 PM
    I hope u r right man...
    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.




    insbaby
    07-24 08:13 AM
    I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.

    I applied for PERM in Sep 2006 - EB3 - India.
    I got approved for PERM in Mar 2007.

    I applied for I-140 and I-485 concurrently in Jun 2007.
    I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.

    Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.

    Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).

    So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)

    I applied for PERM in Sep 2006 - EB3 - India.
    I applied for I-140 and I-485 concurrently in Jun 2007.

    If your PD is Sep 2006, how could you file I-485 in Jun 2007? Your dates are current only in July 2007.




    JunRN
    08-20 09:36 PM
    While Illegal immigrants are simply using international drivers license, we, legal immigrants, are having difficulty getting to drive legally. This is simply ridiculous.



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