Thursday, June 23, 2011

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  • coopheal
    02-23 08:36 PM
    What is LUD

    Read all about LUDs here http://immigrationvoice.org/wiki/index.php/LUD




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  • psaxena
    06-11 03:26 PM
    Dude,
    what do you think, they gonna release in public "we(USCIS) have formulated ways to harrass immigrants by delay there GC process, let them dwindle in the hands of exploiting employers, and make hefty amount of money of paperwork"

    Everything has a cover, some cover ups are accepted some are not. N.Korea, justifies recent NT by saying they had the pressure and threat from neighbouring countries and USA. Nobody buys that story. Similarly we cannot but the story of USCIS saying its the issue of demand and supply. If that was the case why so many visa numbers were wasted.
    Why there is fees increase in all the applications( they have enough fund for 20 years even if they dun get a penny from today onwards.)

    Anyways, why are you still here in US.. go to Canada.. that will be the best for you.

    I keep reading we should fight for out rights and all. I am just curious
    where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
    And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.




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  • needhelp!
    09-12 12:09 PM
    I had started with the online press release sites, which one should be higher priority?




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  • IAMINQ
    04-02 02:36 PM
    I received my labor approval in dec 2005 from Philadelphia Backlog Center

    Priority Date: March 2004, EB3

    Filed from Philadelphia Region.



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  • Kodi
    06-04 12:21 PM
    Yeah, my lawyer said once my LC approves he'll file I-140/I-485 together? I'm EB2 Sri Lanka




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  • IVFOREVER
    04-30 03:14 PM
    Mr.King is a mouth piece for some (NUmbersUSa......) with out any knowledge on issues....
    What do you expect from MR.King?



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  • pitha
    07-06 02:04 PM
    I doubt it, uscis used up 60k visas in one month just to make sure we dont get any ead, why in the world after doing all this nonsense would they accept our applications.

    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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  • tinamatthew
    07-23 06:31 PM
    hi fruity..

    we have the same concerns regarding the ds230 approval..

    anyway, i just wanna ask about what you said earlier.. is it true that there are some August scheduled embassy interviews being cancelled? what did those people you know exactly said about this?

    hear from you.. thanx

    It is so sad for those that had the interview in August. How many of your friends were affected?



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  • coopheal
    08-13 03:55 PM
    IV Core any ideas. Will this work.



    .....
    some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.




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  • miguy
    12-18 02:02 PM
    I have been wanting to post this for the last few days and was happy to read this thread.........can we do something like an Immigrant's Boycott Day or something where we should do a mass boycott all over the country.....we need to coordinate this across the entire country and do a gandhi style protest.....but we need atleast maybe 1000 people per city to do it.....I am not sure how difficult it is to get that many people.....but that seems to be the only way to create an Impact.......WE HAVE TO MAKE OUR EMPLOYERS FEEL THE IMPACT OF NOT HAVING US FOREIGN WORKERS.....THAT IS THE ONLY WAY TO STOP THIS EXPLOITATION........its like when all the mexican farmers stopped working on the strawberry farms.....there were no strawberries in the market....I am in the Detroit, MI area.... we need to come up with a list of big cities where we can get 1000 people per city.


    Hit them where it hurts the most.



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  • Humhongekamyab
    02-18 04:27 PM
    Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.

    No we are not. I work for a company which has only filed two PERM since it was incorporated. Nice to know our priority date is same. Stay in touch - let's see if they approve our applications around the same time. All the best.




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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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  • javaconsultant
    10-31 12:09 PM
    Guys,

    Do you know any knowledgable and experienced Immigration Attorney in Southern California ?

    I want to discuss my work options (self-employment or change of employer/Change of job description - Developer to Team Lead etc.)

    pls. share your experiences and recommendations.

    Thanks.




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  • Green.Tech
    06-17 11:49 AM
    Show me the money!:)



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  • Bpositive
    06-24 11:10 AM
    Constraints to doing work to your fullest potential, negatively impacts the individual and the society which he/she is part of...so personal loss is loss for the society...

    And of course, the longer term impact is that the US won't attract the best talent...




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  • immi_twinges
    07-20 04:13 PM
    I think its the right time to get in touch with the USINPAC. Not only USINPAC but all communities who ever have pacts with US government should start getting involved.

    "United we stand divided we fall"



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    05-23 02:16 PM
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  • gk_2000
    08-23 01:09 PM
    Not everyone has the luxury to go to home country to work for one year. Its like telling the Eb3 person to port to EB2. Do you accept that. There are so many issues need to be factored in. So lets not get into something which is not fair or not possible for every one. They system is f*&ked up. thats the fact. When the system is not fair, we fight to fix and not finding the loopholes.

    There is a difference, my friend. Porting to EB2 means you have to spend LOTS of $$$ and time and effort to get masters degree.
    No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?




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  • chanduv23
    05-18 03:39 PM
    ANOTHER UPDATE

    I just spoke to Congressional office and this is what she has to say:

    Quote"""""""""""

    I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.

    """"""""""""""Unquote

    But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.

    I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.

    God save AC21............

    That is a standard message. Basically yur 485 has been reopened. Unless your priority date is current there is nothing much they can do, but if there is a need for RFE, they will send you RFE.

    Congratulations. This is a standard message your case has been reopened. You must celebrate this moment.

    Unless your MTR is approved, your case does not get reopened. So your MTR is also approved - usually they do not update those messages on the online system properly and thats why we do not see them.




    indyanguy
    08-13 04:59 PM
    But why should we lose the PD that we've been hanging on to for so long. For all we know, they might retrogress EB2 next - with USCIS, there's no room to take chances. I'm on my 10th yr here and don't want anything to go wrong at this point.

    Have you given a thought or spoken to a lawyer about starting EB2 PERM when your EB3 140 is pending? After your EB2 PERM is approved, you have 6 months before interfiling your EB2 140 with your EB3 PD. I think that is long enough for your EB3 140 too be approved.

    AFAIK, this can be done with little or no risk to your EB3.




    jediknight
    04-30 09:38 AM
    Thanks Pappu and the other IV folks. Will be contacting the senators today.

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