browncow
03-12 02:20 PM
I do not support this donor ONLY idea.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
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nk2006
07-05 12:17 PM
Bill Clinton & Hillary Clinton is coming to TANA in Washington.. i am from bay area.. i know lot of people are going this.. please take a print out and talk personally, explain our problems.. Please Thanks
I suggested this other day - nobody responded. Please anyone attending TANA can you please contact organizers and see if they can arrange couple minutes of Hillary's time to highlight this issue.
I suggested this other day - nobody responded. Please anyone attending TANA can you please contact organizers and see if they can arrange couple minutes of Hillary's time to highlight this issue.
looneytunezez
04-30 03:11 PM
I just called and left message with the aide at Senator Dianne Feinstein.
She said that Senator is supporting the bill, and appreciates my support.
Next I plan to start calling other senator's office as well.
She said that Senator is supporting the bill, and appreciates my support.
Next I plan to start calling other senator's office as well.
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waitnwatch
04-25 02:31 PM
It sure seems that there a lot of frustrated people on a short fuse. Staying focused definitely helps because of both our limited resources and influence. One thing that should be considered though is the greater good. Lot's of things could help an individual's cause. If I had the power to change the law I would start of by issuing green-cards within a month of getting an H1-B. But I don't have the wishing well in my backyard. I wish one of us could locate one and that would be the end of all this confrontation!
my two cents
my two cents
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kalyan
04-12 09:10 AM
There will be lot of LC's that will be coming up for sale or to lure employees since majority of the employees might have left Desi Consulting Cos becoz of the sheer amount of Dirt Practice, they do.
INS at some point of time should ban LC substitution. this is another mess that is a slow poison for retrogression.
INS at some point of time should ban LC substitution. this is another mess that is a slow poison for retrogression.
pappu
07-23 01:25 PM
/\/\/\/\/
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MindGlow
07-09 10:38 PM
Received this e-mail from Tom Davis (Virginia congressman for where I live) today (Monday, July 9, 2007). Plan to reply by tomorrow mentioning it is not about "individual redress" rather a wrong imposed by USCIS/DOS on the legal-patiently waiting-community of immigrants. Any suggestions welcome.
Dear Mr. <Name>:
My staff is aware of the situation regarding employment-based visa applicants seeking adjustment of status and the most recent announcement by the State Department of the unavailability of visa numbers. At this time, my staff members are reviewing the situation. Individual redress is not possible at this time.
Thank you for contacting me.
Sincerely,
Tom Davis
Member of Congress
Dear Mr. <Name>:
My staff is aware of the situation regarding employment-based visa applicants seeking adjustment of status and the most recent announcement by the State Department of the unavailability of visa numbers. At this time, my staff members are reviewing the situation. Individual redress is not possible at this time.
Thank you for contacting me.
Sincerely,
Tom Davis
Member of Congress
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srimani1
10-05 11:04 AM
Applied GC in 2002 July in EB3 category. Still waiting for PD to apply 485. Missed 2007 Aug fiasco. Recemtly got my 11,12 and 13th year H1B extension.
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sunny1000
04-30 05:35 PM
atleast there was bipartisan frustration on part of congressmen on both sides except for the king guy
Yeah, King is like that crazy Tancredo...
Yeah, King is like that crazy Tancredo...
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billu
09-13 08:22 AM
i had heard a lot of ppl everywhere talk abt "new numbers will be available from oct.".....due to fiscal year starting.....now that oct visa bulletin is out and there are no EB3 numbers for india as "current"....did they mean november visa bulletin which will release mid october?......or is bridge amendment the only hope for us Schedule A professionals now?
more...
priti8888
07-23 04:14 PM
this is a 2004 EB3 approval! This is the first one I am seeing from 2004. So looks like they have really cleaned the pipes here, and things should be better going forward.
The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.
Eagerly awaiting 2 USCIS stats:
1. per-country per-category EB approvals in 2007
2. number of 485 applications received by August 17th
They indeed are clearing up the pipes, so the situation is not as horrible as it seems to be. A pd of 2004 is considered "old" so as soon as visa nos become available in october, they would be the first ones to get approved.
The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.
Eagerly awaiting 2 USCIS stats:
1. per-country per-category EB approvals in 2007
2. number of 485 applications received by August 17th
They indeed are clearing up the pipes, so the situation is not as horrible as it seems to be. A pd of 2004 is considered "old" so as soon as visa nos become available in october, they would be the first ones to get approved.
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himu73
09-10 01:49 PM
contributed 100$. All the best for the rally
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swamy
03-13 11:36 AM
i've been contributing for abt a year now so shldn't i be a senior donor?jk - im guessing its bcos of email-id confusion that im a mere sr member -when we started the michigan forum our leader suggested i get an yahoo id for the groups & then he himself subscribed with a gmail making me look stupid - anyway...not in michigan anymore so its ok
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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
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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sukhwinderd
04-01 08:15 AM
FL stopped issuing DLs if you are on AOS (ie 485 pending) only with no backup H1/H4.
my wife got her DL extended till AP validity even though her I-94 has expired. she entered as parolee.
this is just FYI.
my wife got her DL extended till AP validity even though her I-94 has expired. she entered as parolee.
this is just FYI.
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bajrangbali
06-11 10:52 AM
That is $5 billion not %50 billion. This number makes no difference, NYSE trades shock values more then that amount per second.
Thank you..I corrected it. It might make no difference, but when you think about US banks begging for $25 billions each just a few months ago, I dont think you will have the same feeling.
Thank you..I corrected it. It might make no difference, but when you think about US banks begging for $25 billions each just a few months ago, I dont think you will have the same feeling.
more...
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Macaca
09-14 06:25 PM
Foreign workers with skills find open door After waffling, the U.S. suspends the wait to apply for green cards (http://immigrationvoice.org/forum/showpost.php?p=127944&postcount=788) By Teresa Watanabe (teresa.watanabe@latimes.com) | Times Staff Writer, July 21, 2007
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JunRN
10-01 03:03 PM
The Greencard Crazy Club (GCC) is now planning to install a webcam near NSC parking lot....we've really gone crazy!!!
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ash0210
06-02 06:40 PM
I agree with you "Astronomical tution fee" for childern, pay Mortgage, renewel of EAD/AP's..so on & on...
In a situation like us..I contribute IV with my limitations (every month!) + involving myself in web faxes plus..Calling Senators / Congressmans etc..
For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical.
In a situation like us..I contribute IV with my limitations (every month!) + involving myself in web faxes plus..Calling Senators / Congressmans etc..
For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical.
mirage
03-31 10:11 AM
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
hpandey
07-06 11:04 AM
>> Although 30,000 people are IV members
I beg to differ here. 30k+ plus people have signed up so far, but how many are active now? How many have even logged in IV in last 3 months or even 6 months? I don't see any link to discontinue membership here, so we don't know how many people up signed up and left?
There is no way to know count of "active members". Many IV members have got GC in last 2 years and they have "quitely" left IV and forgotten the struggle by EB based immigrants. How many members stay at IV after getting GC?
Many people believe that by getting EAD they are Temp GC holders and motivation for seeking any benefit is gone.
I am pained to say this, but we are a thankless community.
.
Yes you are right also . As I said a lot of people don't care what happens to everyone else as long as their immediate situation becomes okay or they get a GC. That is why illegal-immigrants have a voice - they have money and they have got mass participation from their community - even people who are citizens here or got GC .
As for our EB community - try going to a person who got citizenship or a GC and then hear what you will get. They will either politely decline or start talking about the abuse of the H1 program and things like that. They won't lift a finger to help us.
Well what can we expect from our fellow EB naturalized citizens and GC holders when even we on H1 or in 485 queue won't help ourselves.
Someone mentioned above that IV has 450K in assets and hence no funding issue. I personally don't think that is enough for bring a change like getting visa recapture or other legislation.
I beg to differ here. 30k+ plus people have signed up so far, but how many are active now? How many have even logged in IV in last 3 months or even 6 months? I don't see any link to discontinue membership here, so we don't know how many people up signed up and left?
There is no way to know count of "active members". Many IV members have got GC in last 2 years and they have "quitely" left IV and forgotten the struggle by EB based immigrants. How many members stay at IV after getting GC?
Many people believe that by getting EAD they are Temp GC holders and motivation for seeking any benefit is gone.
I am pained to say this, but we are a thankless community.
.
Yes you are right also . As I said a lot of people don't care what happens to everyone else as long as their immediate situation becomes okay or they get a GC. That is why illegal-immigrants have a voice - they have money and they have got mass participation from their community - even people who are citizens here or got GC .
As for our EB community - try going to a person who got citizenship or a GC and then hear what you will get. They will either politely decline or start talking about the abuse of the H1 program and things like that. They won't lift a finger to help us.
Well what can we expect from our fellow EB naturalized citizens and GC holders when even we on H1 or in 485 queue won't help ourselves.
Someone mentioned above that IV has 450K in assets and hence no funding issue. I personally don't think that is enough for bring a change like getting visa recapture or other legislation.
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