Tuesday, June 14, 2011

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  • panky72
    06-24 10:36 PM
    I don't think he is compromising but he is listing the potential problems that we face...and I am sure that he is living life to the fullest in his way. and I agree that because of GC ..we face some issues in travel ..in other words ..a bit of tension is always there about AP / H1 stamping etc. for e.g. if I had GC then most likely I would have gone for longer and even unpaid vacations every year ..but because of GC ...I have to be more careful (for the better I guess).

    What does America gain from your "long and unpaid vacations":D




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  • 9years
    10-28 07:19 PM
    Hi Hebron,

    I have filed EB2 & EB3 with the same company (As explained earlier). EB3 as Programmer Analyst and EB2 as Database Adminstrator ( MS + 2 yrs exp.). I think it is better to take some expert attorney advice on your case. It does not hurt if you consult ( or crosscheck ) with some other attorney about your case. Most of the legal experts charge around $250 to evaluate your case and suggest.

    Best of Luck to you.

    Thanks.




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  • punjabi
    09-10 08:42 PM
    Guys,

    Keep the cool. USCIS is very unpredictable as we all have seen. Get ready to see the dates move forward pretty quickly this year! There are more chances to have increased visa numbers and things can only go UP from here on.

    Watch the documentray "The Secret" and put your positive thoughts out there...




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  • gsc999
    07-09 05:30 PM
    If you need a car ride from LA to San Jose for 07/14 rally. Please see details on the link below:

    http://immigrationvoice.org/forum/showthread.php?t=6156&page=10



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  • ras
    10-16 05:47 PM
    Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
    Issue/Background:


    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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.


    Should you have any 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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  • badluck
    07-24 03:56 PM
    Since it is absolutely impossible with EB3 Sep 2006 PD I thought he might have applied in a different category..Do not know the specifics of EB5...Incase what you said is true whatever that guy said is just a JOKE!

    After all sardarji can make a joke:D



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  • Humhongekamyab
    06-11 12:40 PM
    Guys,

    What Mr. Charles Oppenheim is doing is trying to build a Consensus to create a legislative relief.

    So, they want us to create an awareness and buyin from decision Makers.

    "Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."


    I agree. This was always there and it is only now that the government has acknowledged it. Mr. Oppenheim has given us ammunition to build our case and we must use it wisely.

    Maybe we can have a have a "send fax" feature on IV from where we can quote Mr. Oppenheim's statement to send a fax to our senators. Also, it is high time that IV is a paid site even if it is $1 per month or 1 cents a day i.e. $3 per month. As I suggested in the past, new members/ visitors should be allowed to read the forums but to post a question or reply to a question one should be a paid member. I am confident that even with $1/month of 1 cent/day we will do better collections that we are doing now.




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  • bharani
    09-11 04:41 PM
    Count me in



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  • mdmd10
    07-24 12:52 PM
    my PD Aug 2004
    RD Feb 2005
    eb3 india
    Last fingerprint in March 2007

    Can you confirm if your Priority date was earlier than Aug 2004? PD is the date you applied for your Labor Cert., not the date you got approved for your Labor Certification.

    From the above you are saying that you applied for LC in Aug 2004 and it was approved by or little before Feb 2005. In Feb 2005 or say Jan 2005 you may have concurrently applied for I-140 and I-485, and hence you were already in the I-485 stage.

    If this is the case, then you were pretty fortunate in getting your LC approved in only 6 months, and that too before PERM was introduced. (PERM was introduced on March 28 2005)




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  • Sakthisagar
    02-24 08:40 AM
    Hi Folks,

    I am here for the past 10 years, 2003 I changed my H1 company and they applied my GC on EB3 , and again I missed the 2007 fiasco. because my Mother was ailing and have to rush to our Mother land India, and I lost my Mother too. Unfortunately last time when I applied for the H1 extension on Sept 2009, they were just implementing the client Relationship stuff without any notice, I could produce the client letter and agreement even though my I-140 is approved, they gave only 1 year extension, this Sept 2010, I again have to extend my H1,if I did not get my EAD by that time.

    In this times, two things are possible, One is a CIR, introduced in Senate and it passes with necessary vote, at this political situation it is most unlikely, and also if CIR fails then all our legal immigration will be passed as piece meal amendments. and the Visa recapture happens, Otherwise President, Senate and Congress together should know the situation we are all in and they take a decision on EB category, mind you, Legal immigration is blocked politically by Illegal Immigrants!. or USCIS should feel the back log reason, because of the 2000 amendment all our people back home coming as familes (nothing against them! everyone moves to greener pastures and good opportunity). In US, even if we are the most highly educated, all these carrer hike and promotion stuff goes by business situation, and as we all know US is still on recovery phase as far as economy is concerned, So be patient at least this year or next year some good news for all of us. Praying for all here in this situation. This is not a Problem, this is a Situation, even this will Pass away.

    May GOD Bless



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  • forever
    07-23 06:31 PM
    This is aboslutly not possible; he/she is trying to fool every one.
    I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.




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  • santb1975
    07-19 12:12 PM
    I have been contributing 50$ a month so far. I upgraded that to 100$ every month. Please contribute.

    Also I was wondering Isn't there a way to upgrade from 50$ to 100$ by changing the amount. I had to sign up for 100$ recurring and cancel the 50$ recurring contribution. Could be just me today :-)



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  • transpass
    09-12 10:19 AM
    Hi Bawa,
    Your idea is good to but please be also open to other ideas. You don't know what will fail or pass. The prime objective is to attract media attention, in other words "give them something to talk about". What flower campaing did last year was exactly that...Can we achieve the same thing with Book or Calculators or Clock or Poster, we need to figure that out!

    How about each one of us does whatever is suitable with common theme being similar letter/concern etc. If we choose clock/cal etc. shortly we will run out them at sites such as amazon, etc. Anyway only some of us will be able to do it...But flowers, letters, fliers are limitless and everyone can send...

    So my suggestion is --draft a common themed letter and send the letter along with whatever anyone chooses to send along (with clock, cal, flier or simply letter. But please make sure the fliers are not offensive)...




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  • markandeyan
    07-25 05:19 PM
    Contributed $100 thru PayPal(Transaction ID: 3X3138428V341142D)



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  • sunnysharma
    07-18 04:28 PM
    My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).

    The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
    "On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."

    Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!

    .

    You will be able to see your actual RD in the reciept notice...Donot worry..




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  • reddymjm
    07-14 10:24 PM
    I feel IV actions are hurting EB3-I more than any one. It just my feeling. I contribited close to $500 and my time.



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  • GCDream
    07-06 07:27 AM
    Jugged it




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  • GCwaitforever
    08-02 08:40 PM
    I am also interested in helping out. Definitely on weekends.:)




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  • gc_chahiye
    07-24 10:02 AM
    Priti..
    How can he get a visa number alloted(I suppose you mean he could have got approval)..NO WAY they can approve a person who applies in June.. Do you think they can approve 485 without Biometrics.NameCheck,Security checks etc.. Please do not provide wrong info and rise false hopes in people who already suffered a lot

    correct, its going to take atleast 2 months even in the fastest cases of 485 approvals. With a March 2003 PD his best hope is that he becomes current again 6 months or so from now and does not get stuck in namecheck




    despodude2002
    07-21 05:49 PM
    Any idea on how frequently such motions are voted on?




    ndny
    07-14 05:17 PM
    Done!
    $11.00
    BoA C# 7YBHX-VPQKG
    Don't ask me the reason why $11 ? Let me clarify; the amount of $11, $21, $51 ..etc...are called lucky amounts...



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