Saturday, June 18, 2011

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  • kaisersose
    07-20 01:36 PM
    The important thing is, not all BEC cases are alive today. Most people moved on to PERM. On the flip side, some newbies took advantage of substituted Labor, but I am guessing the count is not very high.

    So if we have 150K BEC + 144K PERM, then in reality, the total 485 primary applicants will be < (150K + 144K).

    More like 200K, I would think. Including spouses and foreign born kids, the number would be 400K (as not all primaries are married).

    Add some more applicants from eb1, etc., who do not require Labors and the number should not exceed half a million in total including dependants. But again, we are speculating. In reality, the total may be less than half a million or more.

    Assuming DOS and USCIS are efficient and use up all 140K visas each year, all of us should have GCs in < 4 years. The per country quota may cause some trouble, which may require adjusting the timeframe a little bit, but not much.




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  • hitpauler
    06-11 12:24 PM
    How would I-140 approvals impact the availability of visa numbers and isnt spill over already happening,ie, removal of country caps, as we have seen last year,last quarter as well in July VB?




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  • paskal
    08-13 05:50 PM
    now can all the 7.55 am filers breathe easy and work for the rally?
    let's go guys- end retrogression forever and ever...never again worry about the time fedex delivered- sounds good? see you in DC 9/18!




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  • indio0617
    03-09 10:05 AM
    senator brownback: amendment on J1 visas



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  • Milind123
    09-13 05:56 AM
    Just contributed one time $100 thru' paypal.
    Web Accept Payment Sent (ID # 3BC32596YD273123L)

    Thankyou nomad. Just one more newbee shooter. Remember your one dollar is like contributing 3 dollars.




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  • kinvin
    03-09 10:07 AM
    Thank You indio0617 for the upto the minute responses.



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  • kumhyd2
    07-10 01:19 AM
    Another leader is born in
    San Diego;)




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  • hcard
    04-30 08:29 AM
    TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS

    http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html

    http://judiciary.house.gov/oversight.aspx?ID=435



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  • JunRN
    09-29 02:20 AM
    2015....that was like you're the most unlucky person in the world if you get your GC in 2015....that was like 8 years from now....




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  • eb3_nepa
    07-05 01:19 PM
    People Instead of "PREDICTING" what will happen in Oct 2007, Call and FAX Now!!

    My local Congressman's office was very sympathetic and will look into it. Unless you make a noise, no one will hear you or even care.



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  • nashorn
    08-12 02:45 PM
    Where did you file your 485, and where is your 140 approved or pending, NSC or TSC? My impression is if your 140 is approved or pending at TSC, but you filed your 485 at NSC, your application will be transfered to TSC, and TSC will cash your check and issue your receipt. That is going to take more time. Correct me if i'm wrong. Any July 2nd filer in this situation has got receipt or check encashed by TSC?

    I know a friend whose application was recieved at 10:45 AM on July 2nd at NSC, he got the receipt number in July III week, our application was received at 8:26 AM on july 2nd, nothing till date, checks haven't been cashed...no updates!!

    So dunno how they are picking the applications, anyways there is good news that they are working on the July 2nd applications, and more & more of us are receiving the receipts numbers.:)




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  • for_gc
    08-13 05:18 PM
    Good interpreation there bro', too good to be true.

    Doesn't help us any. The spillover numbers will go to the country which is most retrogressed. So, if Mexico EB3 goes back to April 2001 and stays there and there are any spillover numbers they will first go to Mexico.



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  • plassey
    07-20 10:19 PM
    I was just wondering. What if it is true?. Can we do something about it?
    I guess the person who created this thread didn't anything else to do on this world. I don't how did he/she come with number. What a waste of time.




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  • gcrich
    07-18 02:26 PM
    Hello
    I have made my first contribution of $100
    Google:867468246130567
    Thanks
    Greater Richmond



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  • lavenyahs
    04-26 10:14 PM
    Hello Onemay,
    I live in Minneapolis. I too am on H4.Same thing happened to both my husband and myself here last October.We had moved recently from Indiana and the DMV said they won't issue new licenses for both myself and my husband (it doesn't matter if u r on H1 or H4)until we give the extended I94. We had our Indiana licences also canceled .We didn't know what to do and then we enquired some of our friends and came to know that if we show our original USCIS Receipts for Extension filed they give ur license for 6 months from the USCIS Receipt Date. So we did that and got our extension until April. U have to show the Original Receipt ,No Xerox .And now we got our extension papers and reapplied for a new license and got it. May be u too can enquire about this,because I think all DMVs tend to follow similar rules.




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  • snathan
    02-08 08:04 PM
    you need to stop getting answers from others and solve this problem amicably with you wife. There is nothing better than a one-one discussion with her.

    Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.

    Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.

    You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job

    Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.

    These are somethings that you folks should have thought by now and discussed. If not, then you know now

    Read his case fully. Her two sisters and brother are also in the US...She is not the sole bread winner.



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  • Dhundhun
    03-18 01:55 PM
    Can you show us the source of your information? It is very clearly written on the IRS website that if Married and filing jointly, both need to have SSN. If one spouse has ITIN, you will not get ANY rebate.

    Here it is:
    http://www.irs.gov/newsroom/article/0,,id=179211,00.html

    I can feel my H1B friends being hurt due to such discrimination.

    I did not ask for my wife's EAD, while filing AOS, because she don't want to work. IRS is forcing us (indirectly) to take EAD, so that SSA will provide SSN and then based on SSN, IRS will give stimulus benefit.




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  • nk2006
    10-16 04:29 PM
    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: Ombudsman
    ======================
    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
    =======================

    ============================
    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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  • bsbawa10
    09-10 12:23 PM
    One thing I fail to understand, instead of flower compaign why do not we go in for letter compaign. Write letter to DOS and USCIS with copies to members of the congress highlighting all their inefficiencies and inconsistencies. USCIS does not deserve flowers for what it has done to us and what it is doing to us. Do you get flowers and info pass appointment ? Does customer service speak nicely to you and give you right answers ? Do you give flowers to anybody who mistreats you in real life ? I know Munbai ...has impressed a lot but that was a movie. Have you ever realized what would have happened, had it not been a movie ? Things would not have moved at all.




    guy03062
    03-08 09:47 AM
    Please keep posting!




    Libra
    09-11 10:24 AM
    sunderpn, vaccine and amit1234 thank you guys for your contributions. hope you guys can make it to rally.



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