Wednesday, June 15, 2011

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  • Green.Tech
    05-31 08:10 PM
    Keep contributing guys...




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  • punjabi
    08-02 06:17 PM
    Hi Niklshah,

    What time did your application reach NSC?


    i am a 2nd july filer, my cheques were cashed today. filed at nebraska




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  • manand24
    09-01 11:35 AM
    10 Years and 13 days to date.
    Came to US on F1 Student Visa in August 2000.
    Labor filed April 2006 - EB2 India




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  • gctoget
    07-19 12:58 PM
    Hi eagerr2i,

    Just saw the message. Will send you a PM on this. FYI to other members, I know someone has prepared a list of So. Cal members which is very comprehensive. I will try to send a PM to get their details. If you have any other questions, please feel free to send me a PM or an email at twinbrothers@gmail.com

    Here is a list of 53 members so far registered in SoCal chapter:

    Jimi_Hendrix
    GCSOON-Ihope
    eagerr2i
    days_go_by
    485Mbe4001
    yogkc
    tcsonly
    willgetgc2005
    MY_GC_DREAMS
    payal_nag
    genius
    Not2Happy
    thirumalkn
    meetdebasish
    GC Process
    baleraosreedhar
    caydee
    rkotamurthy
    hourglass
    murali77
    satishku_2000
    acruix
    imv116
    santb1975
    amaruns
    IN2US
    twinbrothers
    kumhyd2
    xstal
    mashu
    zoooom
    tcsonly
    drona
    DCQC
    jasmin45
    gctoget
    rsamudrala
    satishbsk
    SDdesi
    Progressive
    abhisam
    smuthu2000
    hmehta
    rfarkiya
    eb3stuck
    imv116
    northstar1
    manishs7
    navkap
    mangelschots
    Pia
    kkcal2002
    GC_Applicant



    more...

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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




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  • Humhongekamyab
    02-18 03:32 PM
    Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D

    I agree. Mine is December 15, 2005.



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  • satyasaich
    03-08 01:10 PM
    Could be a firewall if you are in a corporate office that impose some rules
    Otherwise i think all should be able to listen

    Update: There are only 6 members of committee, but Sen.Spector decided to start the debate

    Why is that some people are getting access and some people are note getting access to the judiciary committee hearing on immigration




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  • pappu
    12-16 01:32 PM
    its been stuck at 2001 for so many years , except for 2007 july bulletin fiasco.

    with the way things are , it can take 10 more years for EB3 to even get to 2005. Lets try and push for something which works in this country.

    Buy a house get a GC! rule for EB applicants.

    Maybe you want to start a thread and collect all those who are stuck in 2001 and earlier dates in EB3 I and 2003 and earlier for EB2I on IV.

    Lets see how many we get. They should also update the IV tracker with their dates. We can then use that data to ask help clear the backlog and petition to advance dates in a systematic order. This will work if you can get many people who are stuck despite their dates being current for several months/years. What do you think?



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  • wandmaker
    06-04 09:22 AM
    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."

    Zappy, thank you for your generosity and support for IV.

    Wakeup Folks




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  • Libra
    09-29 12:04 PM
    only option is they can hire some people to process application on temp basis.

    and the last recapture was a bill that was passed in congress.
    efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?



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  • Ramba
    07-23 06:18 PM
    Guys, We just got the magic e-mail.!!
    Card Production ordered
    PD AUG 2004
    RD :FEB 2005
    EB3 INDIA :) :) :)

    thx everyone for your help and suppport!!

    This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.

    I was in similar time frame; So I know the date well....




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  • ravise
    12-10 04:30 PM
    till now we have not seen such detailed explanation in visa bulliten. Some thing to be feel good about.

    Regarding EB2 spillover; i think their main problem with quarterly spillover is to move both EB2I and EB2C to the same priority date. If the spillover quantity is so less.

    From one of the privious pdf from USCS number of EB2I applicants between between 22JAN05 and 01MAY05 were nearly 4K. I don't think there can ever be 4000 splillovers to EB2 in a single quarter. Remember spillover from EB1 to EB2 can only happen during the year end and quarterly spillover only includes intra catogiry.

    all personal analysis/openion.



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  • peyton sawyer
    08-02 08:30 AM
    hey..

    sorry wasn't able to notice we have the same inquiry about ds230..

    anyway, you can check your case status thru automated phone system, check out the phone number in the accompanying letter you got from nvc lately.. just use touch-tone telephone




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  • diptam
    08-13 05:19 PM
    Everytime i Open IV this Non-value added thread rolls up in the Top.

    Why dont you close this - Unnecessary arguments are wasting everyone's Time !!


    please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...



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  • h1techSlave
    03-03 02:09 PM
    There is no need for people to call USCIS. The PD date movement is based on demand. Even for a worst case scenario, USCIS should use 3300 visas for EB3-I. By Aug 2009, if they have only used 1000 visas, then DOS will move the PD for EB3-I by a couple of months.

    Now my prediction. We will see PD current for all categories except for EB3-I/EB2-I/EB2-C in by August 2009. EB3-I would reach 2003 Jan. EB2-I and EB2-C will reach 2006 Jan.

    I have no real basis for my prediction. Like Michael Crichton would say, no body can predict the future. We can only guess about what would happen in the future. Some of that guess is a calculated/informed guess; still it is just a guess.

    How many of the returning people would call USCIS to cancel their 485s? I see almost zero.




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  • msp1976
    01-10 03:14 PM
    Interesting comment.....
    I am going back in a few years!..this in Bhoga Bhumi(Land of material pleasures)...my land Bharath is Punya Bhommi(Land of Good Karma).I am heading home no matter what!
    I think as much punya is done in this country as there is a quest of bhoga

    Every one says that they are going back in a few years...I am yet to meet someone who says they would not go back no matter what...



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  • dhirajs98
    07-14 09:08 PM
    My contribution: $20.00

    It was easy ... not a big deal guys ... go ahead .. contribute :)




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  • hopefulgc
    03-04 03:18 PM
    for all ya mumbai brothers out there:

    "ron gotcha-rkar" ka kya hai .. uppar wala mu diya ... to bolegayich. uske to naam me bhi gotcha .. aur kaamme bhi gotcha

    one more..

    Kya hawaldar saab .. toom bhi wo khajoor gotcharkar ke baaton me aa gaye .... chalo mil ke usko kopche me in leke kharcha pani dete hai.

    [translation: native mumbai rambling about how ron gotcher has no data to back it up and should be censured for his quotes without source]


    bole to sub ka current booking main chance lagta hai....ticket milega...subko...:)....bahoot jaldi....




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  • diptam
    08-10 02:27 PM
    Everyone is saying that "Wait-Wait , have patience , forget Check-cashing till you realize that you've sunk in deep waters"

    If there are few cases which are returned for false reasons ( see other thread) after Aug 17th probably those few will be forgotten till PD becomes Current again - 6-7 yrs - Huh ? :)

    My app was received at the NSC on June 28th at 9:02am. I havent receviced receipts or checks cashed. If for some reason my app is denied or there is a request for evidence after the 17th of Aug are we able to resubmit or will it be too late?




    ramus
    06-02 04:54 PM
    Southsky.
    Nothing going to happen just with Pray.. We need to help our self.. Please contribute to IV and also send web-fax..

    We have to do this now or it might be too late..

    Please ask your friend to join IV.


    I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?

    I'm praying that it will not be given any consideration by those who have powers.




    Libra
    09-13 11:42 AM
    Thank you mohitb272 for the contribution.



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