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  • jetguy777
    01-21 11:10 AM
    AabTuAgaGC and hopefullegalimmigrant Could you advise what date USCIS received your application for Advance Parole? Thanks




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  • niklshah
    05-25 12:44 PM
    so the amendmants which were linked to war bill are differant than all this HR bills.....?




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  • royus77
    07-17 11:23 PM
    Given That All Dates Are Now Current And There Will Be Hundreds Of I-485 Filings By August 17, Will The Uscis Process Them In Order Of The Original Labor Cert Priority Date Or The Date Of Receipt Of The I-485 Filing Itself?
    Only on PD when the date is current




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  • manderson
    01-07 03:00 PM
    My wife is still waiting for the AP. The receipt notice gives August 6 as the receipt date. She called USCIS last Tuesday and was told that USCIS is running really slow and is taking 180 days to process APs. The lady she spoke to asked my wife to call back after "it is 180 days past her notice date". Her 180 days will complete on February 6. We have postponed out travel plans several times.


    is this NSC or TSC?



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  • Edison99
    02-03 02:55 PM
    Congrats and good luck with your GC process !

    9years: So finally did you have to send the interfiling request, or they approved it automatically.

    - My EB2 140 got approved 2 weeks ago (with July 03 PD), but still no LUD on my 485.
    - I placed a Service Request last week on my pending 485, which resulted in a soft LUD on my EB2 140 but nothing on 485.

    I just wanted to know if you also had to send the interfiling request just like VayuMahesh.

    Thanks,




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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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  • santa123
    07-11 07:58 AM
    Does someone know by how many months EB2 has jumped??




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  • greenlight
    06-10 03:33 PM
    My PD is Dec. 04, and my I-485 was filed during the july fiasco in 2007. My PD was current since March 08 until it will become "unavailable" in June 08.

    My attorney got update from Nebraska SC in May stating "Your case is in queue for green card." Now what will happen to my case since EB-3 ROW will be unavailable in June? Does that mean an IO once opened my file after March and will close it without processing any further because of the change in the June Visa Bulletin?

    I am confused. Please share your insights and experiences.
    Thank you.



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  • snathan
    03-12 12:33 PM
    No, it does not even do that. it does not let FOIA donors logon too.
    First, the whole concept of donor based organisation is so stupid.
    I mean really stupid.

    If the donor based thing is ON, the future of IV is not good.
    Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.

    but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.

    Instead of making donor based posts, have a FOIA kinda drive every now and then.

    unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
    talk about low life bureaucracy, welcome to IV.

    Yes...this how we need to work. Why you dont support the donor idea. We dont need the free riders. We need only comitted people and not junks




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  • redcard
    08-12 12:44 PM
    I totally agree that is a very unfair measure against the whole H1-B community and all of us here especially for lots of us who come from large Indian technology companies. Having said that, don�t we all agree that the mess we are in including the Green Card retrogression is driven by the fact that this H1-B system was grossly misused by the unscrupulous body shops and consulting companies run primarily by Indians in US. These companies not only reduced the quality of Indian Professionals which was sort after by American Technology companies but also has made the skill set of every Indian professional seeking a job doubtful because of the widespread practice of dressing up the resumes. I am sure this had to happen sooner or later and unfortunately the ethical Indian companies have also got caught in this.

    On the other hand I think the good fall out of all this should be that large Indian companies like TCS and Infosys should move from service centric model to a product centric model. I personally think that a product centric company is much higher in value chain compared to a service oriented company. Unfortunately India which has one of the best technological brains cannot boast of single product like Windows or for that matter Peopelsoft, SAP which would not have been possible without the contribution of Indian Technology Professionals but were developed for international companies.

    Unfortunately we tend of have the ability of exploiting everything that comes our way like the H1-B Visa system a crackdown of which comes down to effect the people who play by the book. It won�t be long before axe comes down on the EB-1 category of GC the way its being exploited.



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  • wandmaker
    05-23 12:52 PM
    ^




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  • ragz4u
    03-16 04:03 PM
    Here's a link to his website

    http://frist.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=2306

    I have a feeling it will have some pro-immigrant stuff too....the next 10 days are going to be very interesting

    Text of Bill Frist's statement below

    March 16th, 2006 - WASHINGTON, D.C. � U.S. Senate Majority Leader Bill Frist, M.D. (R-TN) today announced his intention to introduce a border security bill before the recess to ensure the Senate has a border security bill ready for debate during the week of March 27:


    �Our country needs security at our borders in order to slow the flow of illegal immigration and make America safer from foreign criminals and terrorists. That�s why today I will introduce a border security bill, to guarantee the Senate will have legislation available for consideration the week of March 27.


    �This bill will be based on the consensus enforcement, visa reform and immigration litigation reform titles of Chairman Specter�s mark-up of border security legislation and focus on ensuring strict enforcement of our nation�s immigration laws. I look forward to bringing a border security bill to the floor during the week of March 27 and allowing the full Senate to start work on border security and interior law enforcement, as well as comprehensive immigration reform, so that America is more secure and our constituents are safer. It is my hope that the Judiciary Committee will be able to report a bill we can bring to the floor that meets these objectives. As a country of immigrants who respect the rule of law, I expect us to honor those heritages as this debate unfolds.�



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  • glen
    09-10 10:21 AM
    Contribution of $100. Google Order #246413310665091.

    I will be in DC for the rally.




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  • smuggymba
    08-12 12:58 PM
    Well said ..I totally agree with you....they would get their $400 million instantly..

    I think the companies will slightly increase the billing rate, cut down on some expenses and bite the bullet to some extent.

    Schumer is clear - he wants the money, he doesn't want Infy, TCS to leave USA.



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  • jgh_res
    10-01 06:14 AM
    First in First out is always the best option. Unfortunately that is not happening. In this scenario you should be happy that lot of people are getting green cards as the number of people in the line before you gets reduced and the visa numbers are not wasted. As some body said "Life is not fair".

    The sad part is that some applicants who missed the boat called BEC with PD of around June 2004 on EB3/India got approved in June end/July time frame. I did see this on some forums external to IV.

    I think there may be candidates from 2001/2002/2003 who may have applied in June/July 07. But if the rumors of NSC processing RD wise (as seen on some forum posts outside IV), then it is unfair to these people, because there may be others who missed the BEC boat and are ahead of these folks coming out of BEC.




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  • sunofeast_gc
    07-23 06:15 PM
    Guys, We just got the magic e-mail.!!
    Card Production ordered
    PD AUG 2004
    RD :FEB 2005
    EB3 INDIA :) :) :)

    thx everyone for your help and suppport!!

    Congratulation.



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  • ras
    07-05 09:26 PM
    I think this is a valid question that is being asked and should be answered by IV core. Am always intrigued by our behind the scenes effort and the heck that is going on. I do not want to cross the line and judge the integrity on IV core, but would really like to know exactly what we are up to. At least we need to periodic conf calls and announcement of our efforts (and I understand there needs to be some secrecy with anti-immig watching us closely).

    Though IV core has been doing a great job, with the huge member base is it really leveraging the member potential except for donations and stories? May be there should be a change in the strategy leveraging the members thoughts and putting things in perspective. Chances are a few new team members could bring new energy and strategies.




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  • sparky_jones
    03-12 10:18 PM
    Dude
    Interesting case, did you port your PD or??
    I think this person was indeed trying to port to EB2 some time back, but even the EB2 had a PD of Nov 2005. So even if the port succeeded, even that would not explain the out-of-turn approval.




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  • gc28262
    05-13 02:07 PM
    Called all Tier1 Senators and left/passed on the message

    Called Tier2 Senators and left message.




    psaxena
    06-11 01:08 PM
    Leave aside the asset I am in debt of over 200K , If I leave the country looses may be 1-2K
    thats it.


    I just did the math.

    I am sure most of you have assets worth of at least $150,000. So if 300,000 are stuck in the backlog. This would mean if these guys leave this country, then that would be $45 trillion loss for USA.

    Guys is there a way to get some media publicity of the possible loss of $45 trillion for USA due to US Immigration mess??


    CORRECTED => Just corrrected...it should be $45 billion, not trillion......hey still it is a lot of money




    JazzByTheBay
    09-12 12:04 AM
    This is great... thanks! :)

    Dear XXXX,

    The issue of comprehensive immigration reform has received widespread coverage in the media over the last few months.
    The issue of legal immigration, though a part of the CIR was less controversial and therefore sadly received less coverage.
    Legal employment based immigration represents just 14% of all legal immigration and comprises mostly of high demand skills such as scientists, doctors, engineers, and other such occupations which in addition to filling an unmet need, creates further employment opportunities in the US economy. These are also the occupations that represent the most vital human capital of the 21st century for US economic competitiveness. Many of these people are US educated atleast in part and are currently gainfully employed and contributing to this vibrant economy.
    Unfortunately the current immigration policy is doing a great injustice to this group of individuals who have quietly and patiently been waiting their turn. Many have waited 5-10 yrs and are still awaiting their green cards. The current backlogs are ominous.
    Many have organized into a grassroots organization called Immigration Voice and are planning a pro legal employment based immigration rally in Washington DC on Sep't 18th. We would appreciate coverage of this first of a kind event which puts the spotlight on a just cause which for far too long has gone ignored by our lawmakers.



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