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  • stldude
    08-10 03:29 PM
    Congrats - Is u'r 485 processed in NSC. Do you have the SRC** or LIN *** for the receipt no.
    All 6 of our checks got cleared today below are the details

    I-485/131/765 recd date: 2nd july 07
    I-485/131/765 notice date: 06th Aug 07
    Service Center send : NSC
    I-140 approved : on 31-May-06, TSC
    Got Recipts : NO




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  • gc2
    03-31 06:17 PM
    a million things in this world are wrong and occassionally you will be at the receiver's end. Am sure you want things to change, so does every member of this group and many more who arent aware or part of IV yet.

    Let us(as members) know what would you like to change in USCIS management. If you feel management should be criticised then lets hear it detailed. Would request to keep a positive outlook and suggest what you would like to see happen. Am sure everyone hear is all ears.




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  • vbkris77
    02-26 02:39 PM
    Here is how I came up with that analysis. Last year they made changes to give GC for those stuck in FBI name check if they passed 180 days. So most of the ROW got their GC last year. There were not many labors approved from 2008. So there is no demand from EB2 ROW this year. With the economy going down, not many would get EB1s either. I don't anticipate many EB5s either this year. So major chunk of EB visas will need to come to EB2I/C. Will CIS do that or not is a different story.




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  • Mouns
    04-30 03:19 PM
    Born in China, you can't get a Visa, even if you have a job not fillable by an US guy. And same thing if you are spouse,child you need to wait for years.
    Can we estimate what kind of relief would be given in these cases?

    Openheim: 225K recaptured GC family and Employment. Would provide some relief, not a lot!. As for family, about 50GC would go the husband and wife. it would be a first step.

    Lowsy job and recapturing wouldn't help a lot! needs to explore other possibilities...



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  • drona
    07-21 06:45 PM
    Southern California members, please join So Cal IV yahoo group here:

    http://groups.yahoo.com/group/SC_Immigration_Voice/

    Let's get members together and discuss future action items for So Cal.
    You will need to request membership from the group. Please mention
    the name you use on IV in your membership request.

    Thanks.




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  • gcfriend65
    01-06 12:10 PM
    I totally agree with Prof. Wadwha, No-H1B and only EB legislation. Increasing H-1 B strikes same emotional poison in minds of Americans as foreigners taking
    local jobs and those jobs not going to the 'Sons of the Soil'.

    IV should only concentrate on EB legislation. Any steps towards H-1B will nullify all struggles towards EB.

    I have been confused by some of the things Professor Wadhwa says -- being opposed to H1 visas and saying there are no shortages of engineers. I saw this video on Youtube which explained everything to me. He is acting like a true American -- like we should once we become citizens. He is advising America on how they can stay competetive -- like all of us want for this great country. But he is also saying that the real solution is for America to welcome immigrants as permanent residents rather than on temporary visas.

    Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.

    I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.

    Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY

    Gayatri



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  • songlan
    04-25 10:07 AM
    Is it better if we ask for consults from Quinn Gillespie & Associates. I mean the strategy issues.




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  • santb1975
    05-28 09:52 AM
    we are losing momentum. Aren't we?



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  • anyluck?
    12-10 05:58 PM
    Biggest mistake or unlucky whoever missed July 07 fiasco.




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  • santb1975
    07-16 11:19 AM
    Even though I am a recurring contributor and I contribute to IV on top of my recurring contributions I had to make a contribution towards this campaign. Keep up the Good Work. See Details below:

    **********************************************

    Payee Amount Deliver By Confirmation Number Action

    Immigration Voice
    IV
    $ 10.00 07/22/2008 7YJ0L-4NJ42 Edit � Cancel
    Memo: High Five Campaign



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  • saimrathi
    06-08 04:04 PM
    Congratulations!!

    Did you mean your PD is Mar'04. PERM since Jan'05. Am I wrong?

    Is your labor RIR or non-RIR? Please let us know.

    Priority Date is Mar'05. RIR Type. HTH.




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  • chanduv23
    05-14 12:28 PM
    Congressman's liason may be able to help, but to be on the safe side, fork out $350 and dispute the denial in federal district court. It is different from mandamus, it's an agency action which is not in accordance with the law. Court filing may help you to preserve status/EAD/AP.

    Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?

    This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.

    What is Mandamus and what is difference between what you suggest?



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  • satyasaich
    07-14 02:24 PM
    Dear IVians

    Please make it happen. Just $5 will never hurt anybody's economy / budget.
    I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50

    Suport IV

    Satya




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  • eb3_nepa
    07-05 10:51 AM
    My area senator is Mr. Sessions :eek:. What do you guys think, should I email him or not? I am sure that I am not going to get a courteous reply or as a fact of matter a reply at all.


    Avoid mentioning this to Sen Sessions office. Try the other Senator and your local Congress person



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  • Macaca
    09-13 09:45 PM
    After Protest, U.S. to Take Green Card Applications (http://immigrationvoice.org/forum/showpost.php?p=121583&postcount=753) By Xiyun Yang Washington Post Staff Writer, July 18, 2007
    Government Does U-Turn on Green Cards (http://immigrationvoice.org/forum/showpost.php?p=121613&postcount=755) By SUZANNE GAMBOA (sgamboa@ap.org) | Associated Press Writer, Jul 17
    U.S. Reverses Visa Stance In Bid to Fix July Mix-Up (http://immigrationvoice.org/forum/showpost.php?p=122142&postcount=760) By Miriam Jordan (miriam.jordan.wsj.com) | The Wall Street Journal, July 18 2007
    U.S. immigration relaxes rule for "green card" seekers (http://immigrationvoice.org/forum/showpost.php?p=121600&postcount=754) By JoAnne Allen (joanne.allen@reuters.com) | Reuters, Jul 17, 2007
    Microsoft backs cricket to woo Indian employees (http://immigrationvoice.org/forum/showpost.php?p=162410&postcount=124) By Daisuke Wakabayashi (Daisuke.Wakabayashi@reuters.com) | Reuters, Mon Sep 10, 2007
    Skilled Workers Win Reversal of Decision on Green Cards (http://immigrationvoice.org/forum/showpost.php?p=122141&postcount=759) By JACQUELINE PALANK (jpalank@nytimes.com) | New York Times, July 18, 2007




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  • GC9180
    12-10 09:06 PM
    In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.

    If they are saying if spillover is used they would ensure eb2 I & C would have same PD dates. Since eb2 C is may 05 and for eb2 I to reach that date ( may 05) it would need at least 4k spillover visas...i think till then they would not a lot any spill over visas (1st 4k) to eb2 c .. and from that date onwards the spill over visas would be shared between I & C.



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  • delhiboy
    12-15 12:25 PM
    Here are the details:

    Type: EB2 - RIR (State - CT)
    PD: June 2004

    45 DL Received: December 2005
    Current Status: CERTIFIED (On 12/15/2006) per DOL website.

    Can anyone tell me what happens next?




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  • skv
    06-18 04:01 PM
    I don't think it's possible, or people will all file to Chicago. There is one thing you can do though, which is to write to Atlanta center and express your concerns. Probably also write to the higher officials to the Department of Labor. I believe the more people write to them, the more chances they will look at it seriously.

    I have wrote to the office of DOL secretary, Elaine Chao, to express my concern and that the deplay could mean seriously delay for us, who live and work in the country legally, pay taxes and fees, to file for green card application. I suggest you all to do this.


    I agree. Email and call below dol personnnel as well.

    Tom Coyne on 312.596.5435.
    E-mail : coyne.tom@dol.gov




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  • matreen
    10-17 01:58 AM
    Guys,

    I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,

    Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).

    Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)

    Is that going to cause any problem to my 485 process?

    Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?

    I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..

    Thanks,

    M



    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




    JazzByTheBay
    09-10 08:51 PM
    It was naive for everyone, including those with PDs in 2006/2007 (and - here's the funny part.. even those who recently filed... ) to suddenly expect the tap to be flowing with full force and everyone's AOS being approved magically in the months of August and September 2008.

    We have historical data about the USCIS' efficiencies - but for those who believed (and I'm not excluding myself here... ), it was probably a welcome break, full of hope. It was great while it lasted.

    In the process, we've lost focus on the bigger goals - HR 5882 being one of them.

    When things were "CURRENT", all we could think of was tracking LUDs and claiming superiority based on an earlier PD or a "U.S. Masters... ".

    Again, it's time to take a hard look at past successes and failures, question why we're still in this country, and if you have no doubts about that - get back to the business of pushing for legislation, imho.

    jazz

    Please realize that HR 5882 is the only hope for now. I had mentioned in my previous posts that EB 2 I/C will retrogress in Oct (many said i was just saying this because i was EB3). This is not the time to be complacent or hope that USCIS will start dishing out visas and clear the backlogs. Help in working towards getting something done with the bills, the window of opportunity is very short.




    Milind123
    09-17 10:48 AM
    I just registered for IV. I wish I could come to DC rally on 18th. But due to certain unavoidable circumstances I may not be able too. Though not an excuse But I feel very guilty about it and this guilt will always remain there that I was not part of rally on 18th. I am contributing a small amount of $ 100 by google order # 309818904607579

    That you so much h1gc. It was never my intention to make anyone feel guilty, just wanted to make people passionate about our cause, because it is there cause too.



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