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  • natrajs
    09-11 04:37 PM
    I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.

    Next year Jul-Sep 2009, PD should move to mid 2006 again.

    My 2 cents.

    Again on Next yr Jul 09-Sep 09 the DOS move the dates to Mid 2006 or Early 2007 and then the ineffiicient USCIS approve the cases with later PD's and leave the Older PD case

    Until USCIS fix their system, it will be very hard , The Whole thing is unpredictable and much harder than winning a Power ball or mega million lotterry




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  • subahjaani
    07-06 11:54 AM
    Is IV a big organization ? Yes. Definitely. With more than 20K members it is a big org.

    But what transparency do you or we need about contribution money ?

    Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.

    Now ask yourself ! ! !

    Do I need to know the expenditure report ? My answer would be NO.

    well said.




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  • needhelp!
    11-09 01:47 PM
    I am sure there are so many others like you. I hope all these affected individuals will set up appointments with their congressman to tell them how their system is playing with our lives.




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  • sriramkalyan
    07-06 12:10 PM
    I hope people who started this discussion do not have sinister ideas against IV.

    I am totally against any change to Leadership but pro for anyone going to DC talking to Congress/USCIS.



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  • eager_immi
    07-05 01:04 PM
    do u have the list of email addresses? I sent an email to all 100 senators, hopefully they will reply.




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  • nlssubbu
    07-24 06:33 PM
    This is good information to know. If this is the case, then at least once in a year they have to make all the categories current. May be for September every year so that they do not waste any VISA numbers.

    Again that depends on the demand vs supply. To have every one approved in EB3 (esp back logged countries), EB1 (All countries), EB2 (All countries) has to be current. Then the extra visas flow down to EB3 (ROW) and to all back logged countries (India, China, etc).

    I am still wondering how DOL made all countries current in July bulletin. I think it is mainly due to many Labor Applications in BEC is either replaced by PERM or might not make all the way up to I-485. Many of us 2001 / 2002 filers discussed this theory a lot and did came to the conclusion that such a back log is artificially created as DOL, DOE and USCIS, who does not know exactly how many are there in approvable condition.

    That is proved beyond doubt by the July bulletin :)

    Hey guys make hey while the sun shines. I wish all of you will get GC much faster than us.

    Thanks



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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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  • she81
    07-24 06:52 PM
    I am planning to call PBEC for my case. My recruitment was completed early this month but the lawyers haven't received a recruitment report instruction letter. I want to request them to at least send the letter since everything else is ready. Did anyone have any luck calling on their own? Or do they only want to speak with employer/attorney?

    Although, filing 485 now doesn't seem possible in this narrow time frame... still want to give it a last shot.

    Very much appreciate a response from someone.



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  • Dhundhun
    06-23 05:18 PM
    People,
    I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.

    1. What is America losing because of our prolonged wait for Green Cards?

    2. How people who have green cards are contributing to the country as a whole ?

    3. What if the whole green card process takes less than 3 years ?

    Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....

    I am looking for thoughts and experience other than the above things.

    USA is made by illegal immigrants (over 13 millions) and bonded labors (H1B - GC).

    Losses suffered by illegal immigrants and H1B-GC people fuels US economy (or at least contributes to that). My contributions so far might have been above half a millions. Indirect beneficiaris are top most companies.

    You may get some valuable inputs from http://immigrationvoice.org/forum/showthread.php?t=19766 although I did not fully endorse the thread:

    Good observation.

    It will be breaking more than making - it will be like this news: http://timesofindia.indiatimes.com/Is_Hindu_marriage_law_breaking_homes/articleshow/3154827.cms

    America is not loosing by delaying any process of streamlining any illegal immigrants or H1B-GC process.




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  • thomachan72
    06-04 11:54 AM
    All this May 15th/21 date is open to interepretation there is no set concrete laws yet.I just filed I-140 and I-1485 on the 1 st June and my attorney told me just go and wait now and live your life.We can worry about stupid laws that MIGHT go into affect a yr or never and destroy your precious time.
    In the meantime go to NUMBERSUSA website and send as many faxs against this CIR bill and get it shutdown.

    Yes i know NUMBERSUSA is anti-immigrant but in this situation it beneficial to all us legals if this bill goes down in flames.
    How could you file the 140 and 485 at the same time, are you filing in EB1 catagory? which country?



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  • softwareguy
    07-06 05:54 PM
    And how does it not apply to AOS.
    For Consular processing people have to plan trips and get medical and all that.

    Why doesnt the same analogy apply to AOS. - Please explain...:confused:




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  • Humhongekamyab
    04-30 02:24 PM
    It's live...the webcast.



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  • insbaby
    09-01 10:07 AM
    Arrived 2000-February

    1st Labor - 2003 - Company A (RIR)
    2nd Labor - 2004 - Company B (RIR) (no one knows where it went)
    3rd Labor - 2006 - Company B (PERM)

    Managed to get a seat in 07-2007 bus

    Still sleeping in the bus. Don't know when I reach the destination.

    Even if life ends before the journey completes, the corpse will continue the travel until it gets the GC.

    (not sure if AC-21s are applicable for corpses)

    Poor EB3-I s, they have to travel with many corpses...




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  • satyasaich
    07-16 01:06 AM
    As i pledged, i will add that additional $50 to make it to $2000 for today
    &
    I'm hopeful

    Satya

    Common people just $150 short. Pacific time people. Please help. We need 30 good souls from the West coast :)



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  • unseenguy
    02-11 01:24 AM
    yes, my previous reply to your post was a bit sarcastic. Didnt mean to offend anyone!
    Using your same token, can we say "there are many idiots here who don't know what parenting is and use their parents to get a life for themselves and then ditch them?"

    Dude, straitjacketing doesn't work and as you said, it is totally based on circumstances. :)

    Yeah right . You dont mean to offend by being sarcastic. Why are you in US? Go take care of your old parents in India? More than your money they need your physical presence there.

    Oh wait, you probably have a brother who did not study much or maybe a sister in India who is taking care of them and you only provide monetory support.

    And yes, I dont care if this offends you.




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  • Milind123
    09-14 12:13 PM
    bump

    Thanks Libra for bumping. Please allow me to do it. I think we still need one shot to go.



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  • jetflyer
    06-10 09:20 AM
    There is a chance of EB1 & EB2 ROW spillover :D

    US bulletin is out too:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html

    EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.

    It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.

    EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

    Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become �unavailable� beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.




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  • chanduv23
    02-24 11:57 AM
    Entire world is turning up against immigration. It is beyond individual/group control to lobby for changes in that area.

    It is on the threshold of the time. Right now we as individuals still can make a decision to continue to be in US and wait it out or go back to our home country.

    But if this trend continues, I am afraid, some new law will make that decision for us to send us all back. It is just around the corner. Worst part is we can't do a thing about that.

    So want to blame anyone, blame your politicians of your native country for creating such a mess that people wanted to move to a different country.

    Such thing can never happen. Also, don't lose hope. Look at how the world was before. Slavery, racism, castiesm, untouchability, intolerance, poverty etc.... it has always been a struggle to navigate through all these barriers and we are still navigating.

    Basically the attitude is "when my house is burning why should I accomodate these people" - it is how the world is and we have to navigate.




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  • bugmenot
    02-08 01:06 AM
    i am going to marry my sister's daughter.. Sweet girl

    All the girls are not like that. ;)

    anyway my comments are about the crazy, career oriented, tradition less girls. And most of teh US girls are like that. Ofcourse not 100%, there may be few jewels..

    uh???




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    06-18 07:09 PM
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    vaishnavilakshmi
    08-07 12:27 PM
    July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.


    Hi,

    If this is true ,we are happy.Atleast ,they are going to enter our applications in the system(atleast they are not lost).But,waiting till weekend is quite narrow.What if the application gets rejected and we have no time to refile??Anyways,was the 2nd july filers date a prediction or did u get the info from a reliable source?

    Vaishu



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