Tuesday, June 7, 2011

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  • bpratap
    05-15 05:24 PM
    The bank is GMAC.

    this is a bank owned property, and there is a pre-condition that we should use their bank for the loan.

    Wondering how to explain the VISA situation in a way they would understand.




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  • bheemi
    07-06 01:33 PM
    if it is rumor how can u expect source man..it is rumor thats all...




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  • Kodi
    06-21 11:44 AM
    I think what he meant is 20 since Jan till now. My attorney has 10 pending and the oldest is from Feb.




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  • ind_game
    05-15 10:52 AM
    When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.

    snathan,

    USCIS is very clever about the fee waiver. One of my friends got the same kind of denial as I got (trust me we compared the notes) on the same day from NSC. When he filed for the MTR, USCIS reopened his case but with an RFE on his case. He had to send some medical reports, birth certificates and some other documents. In that way USCIS is getting away with wrongful denied cases without refunding any fee back. I have donated $2500 to USCIS for my two MTRs (forget about emotional drain which is incomprehensible and unrefundable). I do not think USCIS will ever give me that money back after it finds there is error in my case. it will definitely come up with some kind of RFE. It is very easy for them......



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  • santb1975
    06-04 11:09 AM
    That is awesome.

    Wandmaker - Thanks for your tireless support


    I got my GC couple of weeks ago and IV has been like a true supportive friend throughout my long wait for this day.

    As a way to 'celebrate' my GC, made a Contribution of $500.00 via PayPal.

    "This email confirms that you have paid Immigration Voice (donations@immigrationvoice.org) $500.00 USD using PayPal."




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  • Suva
    07-18 02:24 PM
    Seems convincing to me.

    only those with labor approved by 31st july can apply.



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  • needhelp!
    09-12 11:32 AM
    thanks IV




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  • RN_Usa
    07-31 11:42 AM
    http://www.coalitiononhealthcarestaffing.org/



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  • nursekm
    10-24 12:00 AM
    1) DOES THIS AMENDMENT HELP NURSES ALREADY IN THE LINE ?

    2) DO THE NURSES IN LINE HAVE TO PAY $1500 TOO?

    3) CAN SOMEONE PLS CLARIFY THE ATTESTATION PART?

    REF : http://hammondlawgroup.blogspot.com/




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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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  • GCOP
    08-13 03:52 PM
    Thank you Conchshell , willwin for your active participation to resolve EB3 visa problem.
    I agree to go to DC and meet congress members , which would probably help to win support for Visa Recapture Bill.
    Whichever date you decide, just PM to me.
    IV help will be appreciated to arrange the meetings.

    I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).

    some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.




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  • agr
    08-12 09:29 PM
    Just curious to know .. Does this law apply to renewals as well or just new H1B applications ?

    Thanks --agr



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  • AllVNeedGcPc
    04-17 09:44 AM
    Enjoy these moments.

    Please when ever you get some time can you answer couple of my questions.

    1) Where do you send emails to "NSCFollowup and EBUpdate"? Please can you PM me these email addresses?
    2) Do we need a separate explicit official Interfile Request, even if original PD and A# have already been retained in new 140?

    Here's my journey so far.

    1. Initial labor
    a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
    b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer

    2. EB3 I140 (NSC)
    a. Filed - July 2nd 2007
    b. Approved - 2008

    3. I485 (NSC)
    a. Filed - July 2nd 2007
    b. RFE - April 2009 (EVL for me and visa history for my wife)

    4. Perm
    a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
    b. Filed - Oct 2010 (No experience used only MS)
    c. Approved - Dec 2011

    5. EB2 I140 (TSC)
    a. Filed - Jan 2011, Premium Processing
    b. Approved - Jan 2011 (original A# and Priority Date retained)

    6. Interfiling
    a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
    b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
    c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
    d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
    e. Waiting again...


    I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey

    1. Initial labor
    a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
    b. Approved - August 31 2006

    2. EB3 I140 (NSC)
    a. Filed - October 11 2006
    b. Approved - April 6 2007

    3. I485 (NSC)
    a. Filed - July 19 2007
    b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)

    4. Perm
    a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
    b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
    c. Approved - Feb 15 2011

    5. EB2 I140 (TSC)
    a. Filed - March 9 2011, Premium Processing
    b. Approved - March 21 2011 (A# and Priority Date retained)

    6. Interfiling
    a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
    b. March 29 2011 - Lawyer sent the official Interfile Request
    c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
    d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
    e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
    f. Waiting on the physical cards to take a long break :)

    Wish the very best to everyone else waiting on the GC line.




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  • stldude
    07-06 12:46 PM
    I called USCIS just for fun and the rep. who answered seems to have the updated VB. He says one is linked to another and he doesn't know what this means.. He asked me to wait for 15 days and call them back..

    Something's Fishy here. >>>>>>>>>>>>>

    PD - May 2003 / EB3
    Missed the Boat by a day - Mailed on 6/28 and reached Uscis on 7/2.



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  • amitjoey
    07-18 04:56 PM
    Questions about disclosure of funds.
    Please check this video for answers

    http://video.google.com/videoplay?docid=2115477102106333532&q=immigration+voice&total=149&start=0&num=10&so=0&type=search&plindex=0

    http://video.google.com/videoplay?docid=2115477102106333532&q=immigration+voice&total=149&start=0&num=10&so=0&type=search&plindex=0




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  • sanjay
    09-09 05:01 PM
    Contributed a small amount of $100.

    Order Details - Sep 9, 2007 4:25 PM CDT
    Google Order #818188937700045



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  • desi485
    12-02 05:45 PM
    ...
    My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address.
    ...
    Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.
    ...
    Thanks,

    axp817,

    I am guessing that your EAD was driven by the address which you provided while applying for it. CIS may not confirm what's on file, when there is already an address mentioned in application itself.

    also, thankyou so much for sharing updates with rest of us. This may be useful to someone in similar situation in future.

    Best wishes for your trip abroad. :)




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  • newuser
    09-12 10:29 AM
    I am Ok with this idea as long as the issue doesn't get diluted.

    I think everyone should send the letter in the same format though.




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  • GeetaRam
    12-01 09:33 AM
    Thanks a lot for your reply 9 years...




    Kodi
    06-05 08:56 AM
    If this bill pass without our provisions in it lot of us will be doomed!!




    Milind123
    09-12 11:39 PM
    Done
    Changed the Equation

    To Would be first time contributor,
    Besides your other non-monetary contribution, IV needs your monetary contribution too.
    People who havn't contributed, please take your first shot. Need just 2 people to contribute $100 each for now.
    sam2006 and I will contribute $100 each. That makes $400 closer to the goal.



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