saimrathi
08-10 01:46 PM
Did you file concurrent?
Its random at best then anything else. According to my lawyer, my application (EB2) was there July 2nd morning.
Its random at best then anything else. According to my lawyer, my application (EB2) was there July 2nd morning.
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fromnaija
06-01 05:02 PM
All this is speculative. Nothing is firm until this becomes law. Nobody knows what the final version will be as there are tons of amendments trailing this bill.
The current form of the bill states that only those with approved I-140 as of date of introduction will be processed under existing laws. Those with approved LC who filed 140 after the introduction date will have to re-apply under the merit based system.
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
The current form of the bill states that only those with approved I-140 as of date of introduction will be processed under existing laws. Those with approved LC who filed 140 after the introduction date will have to re-apply under the merit based system.
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
illusions
03-03 06:17 PM
Does any one have a best guesstimate on what the April VB will be for ROW ?
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snathan
02-14 02:19 PM
Yeah so lets check your willingness and responsibility 6-7 years in your marriage.
Check yourself where you stand ,what you are doing and what crap you are talking. Don’t try to corrupt others with your worthless advice. I am stopping here and don’t want to waste my time with a bigot.
Check yourself where you stand ,what you are doing and what crap you are talking. Don’t try to corrupt others with your worthless advice. I am stopping here and don’t want to waste my time with a bigot.
more...
rav
02-06 09:36 AM
:) Good to know that PBEC is processing JUN 2002 priority date,
But , i have not received my 45 date letter still.
All i know is my case is in the system, i got this info from my lawyer.
But , i have not received my 45 date letter still.
All i know is my case is in the system, i got this info from my lawyer.
conundrum
09-15 05:21 PM
I do believe that each person has the right to champion for whatever cause s/he believes in. But don't you think that instead of this class war we should fight the USCIS system and ensure FIFO. I believe if we have a transparent and smooth USCIS functioning then a lot of our problems will be solved. At least we will know where we stand without the uncertainty!!
more...
gctoget
07-13 01:46 PM
Simi Valley
Hello Rajesh,
Guess how do I know your name....I am Shruthi from Rancho santa margarita,
Orange county, CA....remeber Kiran's wife??
welcome to the Socal chapter of IV..
Hello Rajesh,
Guess how do I know your name....I am Shruthi from Rancho santa margarita,
Orange county, CA....remeber Kiran's wife??
welcome to the Socal chapter of IV..
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JunRN
09-28 09:47 PM
Kidding aside, when I get my GC and then US citizenship, I will apply for a position in DHS....or in FBI.....
more...
chanduv23
09-12 11:53 AM
We won't know if it effective unless we execute it, which is the biggest issue with us "the execution".
So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.
True - it has to be fixed. We must send a strong signal. Otherwise, they will ignore old PDs, look at wikipedia, alipac etc.... to adjujicate cases
So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.
True - it has to be fixed. We must send a strong signal. Otherwise, they will ignore old PDs, look at wikipedia, alipac etc.... to adjujicate cases
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lonedesi
08-07 09:21 AM
Please leave a comment on this thread, after you have mailed the letter & Form. It will motivate others to do the same. If you really want some justice, stand up and get counted by participating in this campaign. Else, Julu-Aug 07 filers, will keep waiting and will have to go through frustrating and agonizing wait for an uncertain period.
more...
factoryman
06-21 01:15 PM
Link to post at IV (http://immigrationvoice.org/forum/showpost.php?p=86268&postcount=5)
and
today's Post (http://immigrationvoice.org/forum/showpost.php?p=87874&postcount=131)
Don't understand what you mean? I could not locate your other post about C&G. Please guide me to that post.
Also, why in the world do they have to slow down processing PERM applications? And that too the Atlanta Center? May it is time for them to transfer all the cases from Atlanta center to Chicago center and dedicate the Atlanta center to process other work.
Just does not make sense at all.
and
today's Post (http://immigrationvoice.org/forum/showpost.php?p=87874&postcount=131)
Don't understand what you mean? I could not locate your other post about C&G. Please guide me to that post.
Also, why in the world do they have to slow down processing PERM applications? And that too the Atlanta Center? May it is time for them to transfer all the cases from Atlanta center to Chicago center and dedicate the Atlanta center to process other work.
Just does not make sense at all.
hot French Kitchen Design
pappu
07-22 08:52 AM
I doubt if Jimi_Hendrix is still active in SoCal chapter.
-C.
Jimi_Hendrix has got his greencard and is no longer active. We need someone to take a lead role. Pls take ownership and get started.
-C.
Jimi_Hendrix has got his greencard and is no longer active. We need someone to take a lead role. Pls take ownership and get started.
more...
house kitchen design specialist
anujcb
03-15 11:24 AM
did it start yet? any updates?
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gbof
02-08 01:59 AM
Unfortunately, I had to deal with my so-called high society, dim-wit, shame-less, tradition-less-good-for-nothing in-laws (my wife's parents n all). They wanted me to run their family too and were becoming a kind of big emotional/medical liability and financial burden on me (although, they had ALL resources and I assume LOT of money too. After tolerating and caring for nearly a decade, I HAD to DUMP them 9-years ago (after I landed in US) as they were becoming too much for me. They will care only for their own-self (will never bother to see even if you like it or not), will never care if it will be convenient to me in high demanding professional job. They will never shy an opprtunity to brag, steal/rob credit for anything even not remotely linked to them and were simply loose-mouths.
They could dare not to open-up again. But this 'Dumping' slowly and gradually has affected my family life. I really donot understand what tradition-less craps in the society there or here finally gain...If they are not capable of rejoicing the prosperity of their own daughter's family. I believe, it is actually not so common as any normal well thinking individual will never ever do this. I can never think even in worst of my times, if I can do any of that stuff to my two growing up daughters. Well this is first-ever I opened my heart anywhere..
I only pray 'God bless our family (GBOF)' as you see in my IV-handle
..gbof..
They could dare not to open-up again. But this 'Dumping' slowly and gradually has affected my family life. I really donot understand what tradition-less craps in the society there or here finally gain...If they are not capable of rejoicing the prosperity of their own daughter's family. I believe, it is actually not so common as any normal well thinking individual will never ever do this. I can never think even in worst of my times, if I can do any of that stuff to my two growing up daughters. Well this is first-ever I opened my heart anywhere..
I only pray 'God bless our family (GBOF)' as you see in my IV-handle
..gbof..
more...
pictures Galley Kitchen Designs
amit_sp
05-15 05:21 PM
I would recommend to shop around more. There are some banks who ask quetions such as visa status and other documentation and then there are some which don't. In my case; Citibank quoted for 0.5 additional rate due to my visa status but ING didn't.
dresses Kitchen Design Photo 11
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
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
more...
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Legal
08-13 05:22 PM
This the time to unite rather than giving up.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
The nurses bill is actually good for all EB applicants since 20k new GC numbers will be created. That's not from the EB pool.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
The nurses bill is actually good for all EB applicants since 20k new GC numbers will be created. That's not from the EB pool.
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CADude
07-21 12:49 PM
Why to remove? Please ignore and don't read if you don't like. Put self constaint buddy.
Grim EAD situtation , Oh my god!
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
Hello,
A kind request - can someone remove this kinda thread with heavy calculation from our senior member - Sorry to say but this is definitely not a good time to start this kinda discussion especially that we are filling our docs and where so many of us are stuck in our employers dealing with us who has not filled our EAD/AP.
Please remove this thread .
Regards,
Zee.
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
Grim EAD situtation , Oh my god!
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
Hello,
A kind request - can someone remove this kinda thread with heavy calculation from our senior member - Sorry to say but this is definitely not a good time to start this kinda discussion especially that we are filling our docs and where so many of us are stuck in our employers dealing with us who has not filled our EAD/AP.
Please remove this thread .
Regards,
Zee.
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
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Hermione
10-01 09:24 AM
Well, if they wasted more than 1,000 visas, I am going to write and call everyone on my list. Don't tell me they can't manage to appove 140K visas a year, or they are overloaded with work - USCIS approves a total of more than 1M green cards a year, so let's not pretend they do not have the capacity.
chanduv23
07-11 12:01 PM
I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
Saileshdude - relax. Get a job ASAP. PM me your phone number and I will call you
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
Saileshdude - relax. Get a job ASAP. PM me your phone number and I will call you
psaxena
08-12 01:21 PM
Pappu, I agree what you are saying. But the bigger issue here is the awareness.. I talk to so many friends and friend's friend. The only thing that I find is they are not aware of IV or its effort.
Lack of awareness is another issue for IV community to form a lobby group like others.
IV has too many contacts in the media, would that not be a great idea to leverage them to advertise at prime time on Indian channels , or just the google ads on Dishnetwork screen for cheap or work out something.
Just to get the people an awareness of what IV is and get them a feeling that its BIG enough to help them. Support some candidates in the election, just to get the name floating. Leave aside the American, Indians or chinese(mostly the legal immigrants) I sometime work with don't know anything about IV. I go to SFO meet my parents almost every month and my brother's circle (all citizens) have no idea of what I am talking about. All they know there was problem is Labor clearance in their time which is no more now.
What is IV , who is IV........ no idea at all. NADA.
A planned campaign to make th awareness can help our cause.
Just my 1 cent.
To answer your question: Indian companies in India or Indian politicians complaining will not do much impact. After passing this bill politicians will cosy up and say good things to rebuild relations. The real impact can happen if Indians in New York state who can vote stand up against such laws. Same goes for the Desi companies who have tried to raise the voice against USCIS memo. They lack grassroots advocacy and support. Their Indian US citizen friends are busy organizing Diwali melas and Shahrukh Khan stage shows. Immigration voice can be extremely successful if politicians see us as an immigrant lobby. Just like they see Jewish lobby or Hispanic lobby. This is why participation of IV greencard members and citizen friends is important to advocate for changes that helps the immigrant community. I this case too, IV community should not turn a blind eye to what happens around us. Just because we do not work for such companies or we already have EAD does not mean we do not see beyond the headline of this issue. We spend more time analyzing , over analyzing, predicting and tracking rather than actively understanding the politics of issues that are causing all the problems we are facing. To some extent this law passed because Indians in USA did not care due to their narrow outlook and priorities in politics.
Lack of awareness is another issue for IV community to form a lobby group like others.
IV has too many contacts in the media, would that not be a great idea to leverage them to advertise at prime time on Indian channels , or just the google ads on Dishnetwork screen for cheap or work out something.
Just to get the people an awareness of what IV is and get them a feeling that its BIG enough to help them. Support some candidates in the election, just to get the name floating. Leave aside the American, Indians or chinese(mostly the legal immigrants) I sometime work with don't know anything about IV. I go to SFO meet my parents almost every month and my brother's circle (all citizens) have no idea of what I am talking about. All they know there was problem is Labor clearance in their time which is no more now.
What is IV , who is IV........ no idea at all. NADA.
A planned campaign to make th awareness can help our cause.
Just my 1 cent.
To answer your question: Indian companies in India or Indian politicians complaining will not do much impact. After passing this bill politicians will cosy up and say good things to rebuild relations. The real impact can happen if Indians in New York state who can vote stand up against such laws. Same goes for the Desi companies who have tried to raise the voice against USCIS memo. They lack grassroots advocacy and support. Their Indian US citizen friends are busy organizing Diwali melas and Shahrukh Khan stage shows. Immigration voice can be extremely successful if politicians see us as an immigrant lobby. Just like they see Jewish lobby or Hispanic lobby. This is why participation of IV greencard members and citizen friends is important to advocate for changes that helps the immigrant community. I this case too, IV community should not turn a blind eye to what happens around us. Just because we do not work for such companies or we already have EAD does not mean we do not see beyond the headline of this issue. We spend more time analyzing , over analyzing, predicting and tracking rather than actively understanding the politics of issues that are causing all the problems we are facing. To some extent this law passed because Indians in USA did not care due to their narrow outlook and priorities in politics.
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