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  • gc_kaavaali
    07-14 04:55 PM
    Please contribute guys...just $5




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  • ilikekilo
    07-23 06:55 PM
    I am sure you'll get GC by the end on this year or early next year. I might have called USCIS abt 15-20 times and from what I understand dates would retrogress for eb3 India, but not horribly. My guess in of the total applications in August 30% have older PD 02/03/04. Becuause pf PERM processing majority are 05/06/07.



    thanks for ur input and still sticking to IV ..




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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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  • cooldude0807
    07-14 02:58 PM
    Contributed $25



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  • fairboy
    07-24 07:56 PM
    Any advice? Anything at all?

    But it did not help much. Basically, when you call PBEC if you come across the switch board operator, who usually sits in the forenoon sessions, you will not have any luck at all. She would ask you to send any queries/questions thru your attorney. I called both DOL and PBEC numbers several times. DOL people, while souding helpful, always said that they are helpless. As for PBEC, most times, I ran into this operator who gruffly told me to talk to my lawyer. I did talk to someone other than the switch board operator on a few occassions and they did give me some useful information. I then used that information to pester my attorney to take some action. I found it is generally best to call on Wednesdays/Thursdays during afternoon sessions. This is just my personal observation. In your case, there is nothing wrong in trying, is there? It is better to try and fail than not trying at all...

    My LC application with a PD of Dec 2002 has been rotting at PBEC and finally ad for my case started appearing on AJE web site last week. My attorney has not received any thing at all. Mind you, in my case the recruitment efforts were completed long before it was forwarded to PBEC. It is precisely for this reason my application was 'unfit' for conversion to RIR. They now insist upon doing recruitment all over again. Neither my employer nor my attorney is ever involved in thid PBEC recruitment. The horror never ends...

    Go ahead and call. You might get lucky and actually talk to the analyst. When you start your conversation do not start off with request for information. Say that you found a problem with your case in screenshot or something like that. Any thing that makes your conversation separate from the rest. Goodluck.

    fb




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  • pappu
    09-12 12:17 AM
    Thank you.



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  • GCwaitforever
    05-01 02:49 PM
    The fee we pay is very less compare to what we pay to Attorneys. And USCIS cannot drastically increase fees. And we are stuck. That is the reality.

    I think we should cut a check of same amount what we pay to attorneys.

    It is not the problem of money. If they privatize the USCIS operations, I will show how to get it done much quickly, correctly, with lot of customer interaction.

    USCIS wants you to believe what they tell you is the reality. It is not. They cover up their inefficiency with lies. There is way too much bereaucracy. Information does not trickle down from top to the bottom layers quickly, and top layer does not know what kind of operations are happening at bottom layer.

    At best, we are feeding their pension plans and cushy retirement benefits.




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  • desi485
    11-19 03:29 PM
    desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???

    is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.

    AFAIK, it is a legal term.



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  • gsc999
    09-10 06:25 PM
    Hi,
    I live in busy locality in NY. I can help distributing the flyers (if u have any) to the people visiting to Indian grocery stores, temples and restaurant, I know.

    thanks
    ---
    kanaihya,

    Please click on the link in my signature and down load the event flyer and post it where ever you feel it would help get attention.

    Thanks




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  • billu
    09-04 08:33 AM
    I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.

    This in my opinion has helped smart folks among us:

    - They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.

    - Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.

    - Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.

    - People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.

    - Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.

    - If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.

    - Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.

    Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.

    -

    great analysis of the GC queue. Those who missed the july 2007 boat (despite working here)or those who started GC 2-3 years after starting a job have themselves to blame. I am one of them. Also, I have several friends who are working on h1b with ridiculous contracts with no sign of GC being filed. They are blissfully ignorant of the GC mess despite my warnings. Each year thousands of students still come from India on F1 and most of them later file h1b and GC. I wish they were made aware of this mess. Most of us have the famous "chalta hai" attitude of india that smirks of no farsightedness or pre-planning due to which we are in this mess, especially folks on EB3.



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  • reddysn
    06-05 11:13 AM
    rightly said

    Guys/Gals - Those of you who are planning to file your 140 and/or 485 and are worried about the future consequences, please stop worrying about the bill and first of all get your 140 and/or 485 filed.

    Now, when you are done with it , please help IV to ensure that the current bill has enough amendments to make our future secure.

    If you are one of those who can keep working on your 140/485 , worry about the bill and help IV all together in a balanced way, no need to follow the step by step process :-)

    Things happen - they can always happen - they can be good - they can be bad - but Life Goes On.... so you do what you need to do for your current processing and whatever plans you have for future but just be aware that things can always change. Say you dont file your 140 assuming the world's gonna end and then before the world ends, 140 premium processing is stopped - ( not that there are any rumours regarding this ).... so get the point - carry on with your processes assuming the best out of this bill and help IV as much as you can.




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  • Milind123
    09-17 12:51 PM
    Enough of serious talk. Lets all have a lighter moment. Chandu, and others, thanks for all the hard work you have put in. Please take a moment to enjoy this joke. It contains the word sex, yet is very clean.

    A 11 year old boy goes to his dad and asks �Daddy what is sex?�. Poor daddy was not prepared to face this sudden unexpected question. Anyways, he gathers himself and replies back �Son, this is going to take sometime to explain. Why don�t we go to McDonald�s for lunch.� As they are driving to McDee�s, the father is trying to rearrange his thoughts to answer his son�s question. They have a nice lunch and the father is finally able to answer his son�s question using the birds and the bees as examples (at this time the two bees at the coke machine are probably complaining to each other, why all fathers never talk about the actual characters). Anyway, after listening to his father speak. The son replies back, drawing out a piece of paper �It is still confusing to me. How do I fit all that in this tiny box.� On the piece of paper are two boxes with M and F next to it.

    Contributions are welcome if you enjoyed it and also believe in IV efforts.



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  • santb1975
    05-29 12:06 AM
    They gotto




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  • casinoroyale
    03-18 10:49 AM
    http://www.irs.gov/app/espc/



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  • 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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  • villamonte6100
    04-01 02:19 PM
    Who brought you to this country ? Do you have any kind of formal education or not ?? You don't understand the concept of Public office... USCIS is a public office they are answerable to public, taxpayers like me and others(I'm not sure about you). If each of us thought that way than we wouldn't be here, we have changed several things in the past and will continue our efforts to do so in the future, and BTW what are you doing here, get the H.O. of here...

    Mirage,

    I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.

    We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.

    I think the same is true in your country.

    How would you think people in you country or governmnet would react if a foreigner start to question your immigation policy.

    Think about that.



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  • perm
    07-20 04:07 PM
    She recently announced in her campaign that she will increase the H1B visas
    She also made a statement that she will try for more benefits for permanent residents.

    She does not want to support only the people who are in the process of immigration???

    Whats up with that.

    [/B]

    Thats after she wins the election..!!!




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  • trueguy
    03-03 12:01 PM
    I don't think EB3-I would be U for more than a month, as I keep saying this year EB3 would be getting some share of spill-over. So even if it becomes U for April that would be temporarily and it would return back in May.


    Thank's
    MDix

    MDix,
    What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.

    I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.


    Thanks.




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  • amitjoey
    03-02 07:01 PM
    Yes, if we do not do anything, then yes, we will only get our GC's as per the calculator- which is 2024 and beyond. If we want it earlier, we need to educate: Get vocal: Vocal about reforming employment based immigration laws. Lobby the government: (which means we need to contribute money to IV to make a war-chest- to pay the lobbyist.), Get noticed: Which means we have to meet our lawmakers.




    Caliber
    07-14 02:01 PM
    I am trying to pay thru PNC Bank. When trying to add IV, there are 2 options. One is With number and the second Without number.

    eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.




    nixstor
    07-11 11:53 AM
    In my opinion, the most likely reason why EB2 India dates have been advanced to June 2006 is to help consular posts. CP filers can get their interviews now.

    IMO, This along with the max utilization of ideal 100% is what DOS got at by moving EB2 to 06/01/2006.

    It appears like DOS wants to get each and every visa number allocated and given how USCIS have their files across the country, moving it well beyond gives USCIS a chance to pick the files that are handy.

    In other words, Some on with Jan 06 PD can get out if their file is handy. Some one with Jan 04 (there are still who dont have a GC with 03 and 034 PD's) might still be waiting come dec 08., if their file is rotting some where.

    IMO, OCT bulletin will start EB-2 India some where around APR 04.



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