Monday, June 20, 2011

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  • chanduv23
    10-16 04:42 PM
    good post - add a poll to it




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  • va_dude
    04-27 07:52 AM
    Check the forums for a link to a document that indicates that Banks do accept EAD, etc.

    I have refinance with BoA and it went thru just fine. I tried to find the correct link but haven't found it yet. If i do, i'll send it across.

    But do a forum search for refinance, etc.




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  • learning01
    04-25 06:53 PM
    We stood in the backlog queue. 3 years. 4 years. Now, we are standing in the I-485 adjustment of status (to apply) queue.

    Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
    Easing retrogression helps some, but not may of us who are stuck at back log centeres




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  • stldude
    08-07 01:08 PM
    What's the source of of this information... Is this u'r guess or from any other source ???

    July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.



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  • makemygc
    10-25 11:59 PM
    I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.

    Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.

    I would suggest OP to add the copy of yates memo and the follow up memo to the posting.

    Thanks
    MakeMyGC

    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




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  • ashutrip
    06-18 11:03 AM
    Hope not, we never thought that this will be current so soon. so my gut feeling is that we all should be fine up until Sep end.

    Good luck for you and all!
    I am praying what u say is right!1111



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  • singhsa3
    09-12 12:06 PM
    Thats is also not a bad Idea. But how the logistic will work. i,e how we will inflate and deliver those balloons
    how about sending balloons with a message on it?

    the balloon would represent our dreams and each passing day of inaction on the part of uscis lets the air out of them

    inflated balloons would be visible also when the delivery arrives




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  • guy03062
    03-15 08:54 AM
    The Executive Business Meeting scheduled by the Committee on the Judiciary, for Wednesday, March 15, 2006 at 9:00 a.m., will take place in Dirksen Room 226. The Mansfield Room, 207-The Capitol, has been reserved if necessary due to Senate votes.

    Source: http://judiciary.senate.gov/meeting_notice.cfm?id=1811

    Still the same. Does anyone know what time this is supposed to start?



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  • jgh_res
    10-01 06:14 AM
    First in First out is always the best option. Unfortunately that is not happening. In this scenario you should be happy that lot of people are getting green cards as the number of people in the line before you gets reduced and the visa numbers are not wasted. As some body said "Life is not fair".

    The sad part is that some applicants who missed the boat called BEC with PD of around June 2004 on EB3/India got approved in June end/July time frame. I did see this on some forums external to IV.

    I think there may be candidates from 2001/2002/2003 who may have applied in June/July 07. But if the rumors of NSC processing RD wise (as seen on some forum posts outside IV), then it is unfair to these people, because there may be others who missed the BEC boat and are ahead of these folks coming out of BEC.




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  • Green.Tech
    06-02 02:00 PM
    Contributed $100 for June
    Receipt ID: 47W850****

    Thanks, coopheal!



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  • diptam
    07-06 12:07 AM
    May be all of us are trying to DIGG at the same time ....

    Page level locks :)

    Guys...digg this one religously..
    For the first time one article connects our needs to what Americans are interested in; Homeland security.




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  • imh1b
    09-01 07:03 AM
    Let us see who is waiting for most time in USA.

    5 years and counting.

    If you can tell your history of Greencard and any tip on applying early would appreciate.



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  • Saiom19
    08-10 05:56 PM
    eb3_nepa - I somewhere read in ur posts that u already received the reciept ..or atleast ur cheque got encashed........u posted something on those lines in one of ur posts.




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  • vayumahesh
    11-05 11:57 AM
    It has been 15 days after applying I-140 under premium processing and still waiting for approval.



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  • miapplicant
    08-21 10:01 AM
    I am happy to send out this letter. Have done this before but I wanted to know if IV core supports our efforts in sending this letter. Please pardon me, I am not trying to qs the validity of this letter or anything else with this but I haven't heard or read anything from IV core regarding the EB-3 I plight and their course of action (again excuse me if I have misjudged). I would like to hear from IV core on this. Thanks again.




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  • Jeniya2006feb27INDIA
    11-07 01:33 AM
    This is what i had read one of the blog sites i visit


    The Bridge Amendment that we all had such high hopes for last week has failed to survive conference. This is an enormous setback to our effort.

    All is not lost however, there is still a chance for the amendment to be offered in one of the forthcoming budget bills, including a likely omnibus at years end.

    You Can check out the Site

    http://hammondlawgroup.blogspot.com/

    SA 3404 to HR 3043 is the one which is failed to survive the Senet

    SA 3404 to HR 3043, seeks to amend the forthcoming Labor Health and Human Services appropriations bill, by recapturing 61,000 unused visas for Schedule A workers and their derivative family members.

    And the Second one is

    SA 3442, is also offered as an amendment to HR 3403. SA 3442 is a much more comprehensive amendment that seeks to recapture visas for not just Schedule A workers and their derivative family members, but also for conventional EB workers.

    Hope i had answered your query



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  • Green.Tech
    06-10 02:12 PM
    These visa bulletins, and EAD renewals, and H-1B extensions are not going to cut it for those who want GC's sooner than later. Please help IV to help you.

    1) Make those ever important phone calls, and
    2) Contribute financially

    Don't let this opportunity pass by. Don't let the same visa bulletin get you 3 years down the line. Only we can help push these reforms, no one else is out there to help us!




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  • June05
    07-14 01:56 PM
    Done.

    Conf # 7YB2M-N5ZJC

    Amount $10 - me and my wife.




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  • cooldude0807
    11-26 11:22 AM
    Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)

    If this is confirmed news, i will revisit my blog and make changes

    __________________________________________________ __
    I think they prefer for us to be on H1 rather than on EAD because its easy to travel in & out of the country if you are on H1. If you use EAD then one has to use travel doucments which technically is to be used in an emergency. This is just my opinion!!




    god_bless_you
    03-08 10:18 AM
    check here for live web cast
    http://judiciary.senate.gov/webcast/judiciary03082006-0930.ram

    link is not working!!




    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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