Thursday, June 16, 2011

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  • arnab221
    06-23 09:30 PM
    I thought Murphy's law of " Whatever can get delayed will get delayed " , applied to me only. Looks like in the US GC process it applies to everybody else also .
    :D




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  • JazzByTheBay
    12-15 06:32 PM
    Wishful thinking aside - realistically speaking, it's zilch. As USCIS seems to have predicted, even with spillover implemented the PD isn't moving to 2006 any time soon.

    jazz

    What are the chances for the PD moving to Mid 2007 by end of 2010 ? :(




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  • skgs2000
    04-30 05:02 PM
    I called each one of them! And explained to let us file 485 immeditely after 140 approval! And talked about putting us in front of line before undocumented workers!




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  • asanghi
    04-30 02:26 PM
    The link got working again, but nothing is happening as of yet.



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  • vrbest
    03-10 07:26 AM
    I would say we all need to know our status well first :) There is no such status as EAD. It is Adjustment of Status (AOS) Pending. I had done multiple refi and all I had to tell them is GC pending. They get copy of EAD just to have a reference that I am legal here at the time of application (since it has an end date). Had no issues so for.

    I think the key is the person approving the loan needs to understand immigration to certain extent. Its important that we let the officer know up-front about our immigration status so that there are no assumptions and surprises.




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  • ilwaiting
    04-25 11:33 AM
    Guys,

    As long as the legal immigration is part of a illegal immigration reform bill. Its hard to push these "brilliant ideas" before congress or USCIS. Its very unfortunate that Congress doesn't distinguish between legal and illegal immigration.

    All are talking about "Comprehensive immigration reform"
    but just think, what is really happening in terms of "comprehensiveness" for Legal immigrants? recapture old visa numbers to clear backlogs thats it? Would the multi teir very complex legal immigration process getting any better? Why should a person wait for a PD to become current for 4+ years when DOL(labor Dept certified that there is a requirement for the job?).

    Why are we calling it "comprehensive" then? give some thought about it.

    Thanks



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  • amitjoey
    05-06 12:21 PM
    Any sample letters to Senators with the 'text' outlined for this current cause?
    I'm thinking duly signed letters have more impact.

    We have sent letters in the past only to get a standard CANNED answer. It is my opinion that the letters we send do not have any impact, cos as soon as they see "Immigration" as the subject, they (staff) sends the standard letter they have definining the position back.

    I do not mean to discourage you, but the need of the hour is to call all the senators. There are 100 of them.

    If you were going to do something in addition to the phone calls, Please set up an appointment w/the senator or staff and do a 20 minute Powerpoint presentation. That is more effective.




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  • akred
    01-06 04:00 AM
    He is saying what is the truth. Do you believe that Indian universities are as good as American? If so, why do we come here?


    Simple answer is jobs in the US pay better than jobs in India, therefore people come here for the economic opportunity.

    As far as Wadhwa's statements disparaging the quality of Indian education go, he is looking after his interests. He runs an engineering program at Duke and needs to keep students interested in enrolling. How many students will keep enrolling once they find out they are being royally fleeced by American universities and that they could go to India and get a equivalent or better degree for a fraction of the price?



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  • Green.Tech
    06-11 03:00 PM
    Here is a small contribution from me today.

    $25 check made out to IV - 6/11/08
    Placed in mail to IV - 6/12/08.

    Thanks!

    Come on people...looking for more HEROES!




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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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  • Kodi
    06-19 10:06 AM
    Can we come up with a standard letter that we could all use?




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  • vengaiah
    10-17 05:02 PM
    fromcisombudsman <Cisombudsman@dhs.gov>
    toVengi Mutthineni

    dateFri, Oct 17, 2008 at 2:49 PM
    subjectRE: Please consider the request
    mailed-bydhs.gov


    Thank you for your recent inquiry.

    Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).

    Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.

    Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.

    Sincerely,

    CIS Ombudsman



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  • bsbawa10
    09-10 04:03 PM
    Completely Agree with you. Rather have some process than none.

    I agree 100% too. Just feel so helpless.




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  • vinnysuru
    03-14 11:13 AM
    Thanks for you post about Canada Visit. You mentioned that one shouldn't say vacation for purpose of visit. What should we say then? My wife and I are going for Landing to Canada and people have posted that if you tell you landed as immigrant in Canada then Border Officers give you a hard time as well and some have even got RFE's from USCIS regarding their intent with US immigration process. So either way we are in trouble!

    Friends please advise. What should you say to Border Patrol Officers on Re Entry to US with AP?:(

    Also would you mind sharing what was your purpose of Visit?


    I drove back from canada today. and I though I should post my experiance at the buffalo border crossing.

    Drove up to the IO gave him my AP and passport. he gave me a token number and asked me to go into the office. Very polite. parked my car went into the office.

    waited for about 40 minutes then they finally called me. the lady was very polite soft spoken she had already gotten all my papers ready like new I-94 card. stamp on AP and passport. She asked for my old I-94 cards I handed here all my old ones (i had about 6, since i first came on student visa then switched employers) i mentioned to her that I lost one of my I-94 would a photo copy work and she said yes thats not a problem. after she took all my I-94 cards stamped my passport with ap exiration date same on i-94. I mentioned to her that I will going back and forth to canada very frequently and she jokingly said then I will be seeing you alot.

    No other questions were asked. the whole process went very smoothly.

    O a friend of mine told me if asked purpose of visit outside US don't say vacation on AP that pisses the IO's because AP is only for emergencies originally.



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  • texcan
    09-10 10:07 AM
    Guys,

    here is my humble contribution of 100.
    keep up the great work.

    A suggestion, lets keep a tally where we are for contribution goal,
    this will encourage everyone to contribute more and round off any shortfalls
    in overall contribution.

    Thanks


    On a side note,

    This is my understanding, even if there are some harsh things said
    on the forum, but in all everyone appreciates the great work being done
    by this group.




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  • abhijitrajan
    06-22 12:07 PM
    Do you know if you got an audit? Any idea about how they decide to do audits?

    I don't think my case has been picked up for audit, at least not so far. I don't know the criteria for audit. Just hoping the next application they pull from the pile is mine.



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  • saveimmigration
    09-10 11:55 AM
    The worst thing that can happen is it retrogresses further next month. I think it will move at a slow pace until the "fiasco"season starts in July




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  • jcrajput
    09-11 05:17 PM
    To my understanding....USICIS should out source some of there work (mostly setting up PDs) to India...




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  • ab_tak_chappan
    08-14 08:51 PM
    Yea thats true, but what is not to like about your post?
    actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact




    kutra
    03-17 10:18 PM
    One More Time,it is proved that we are unwanted group of people, even though we pay the highest social security tax.

    Shame on You IRS !!!

    Why don't you listen to others on this forum? No one is out to screw H-1s and/or GC aspirants as far as the rebate is concerned. Read the previous post by gg10004. The law is not differentiating between a H1 and GC aspirant or a US citizen if none of them have a valid SSN. It is just unfortunate that H4s do not get SSNs. So stop getting paranoid.

    Moreover, your response that your title "No Stimulus Package to H1's and GC Aspirants - Again We Loose 1200$" is justified because titles are not for stories or whatever makes you look like an utter idiot. Titles are for accurately reflecting the gist of the thread. If you have an issue with adding 5 more words to reflect the reality, then add only one word: "No Stimulus Package to SOME H1's and GC Aspirants - Again We Loose 1200$".




    Dhundhun
    06-25 02:53 PM
    I called Rep Lamar Smith office. The lady who picked up the phone asked me we are getting lot of calls. She asked me are you in supprot of the bill? I told her yes. I also told her that I am having master's degree from USA. My children are top student but may not get admission in some of NJ medical college just because we did not get GC since last 7 years. So we need help from Rep Lamar Smith to make USA more competitive. She also wanted to know that from where I was calling.

    She told me that she will convey the message to Rep Lamar Smith.

    This is thread for What America is losing... - corrected spelling

    I find it out of context. Please elaborate - I feel some hiddem message is there - needs to clearly come out.



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