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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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  • Aah_GC
    07-11 12:13 PM
    Try your best to find a job. The market is picking up. At least try to join one of those desi companies even if they are offering a low salary. Just get past this time without making your situation a whole lot more complex.

    Dont worry about lawyers, your ex employer revoking I140 - all that stuff doesn't matter now - just go find a job.


    I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.

    What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate




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  • Student with no hopes
    09-10 08:36 AM
    Came here in 2005, graduated in 2009, on OPT - have not filed for GC yet - can't imagine when I will get gc




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  • conundrum
    04-30 04:03 PM
    hmmmm.. they ran out of questions. We should have supplied them with the questions and they would have had to stay up all night just to get through the question we can come up in 1 hr!!!!!



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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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  • param_r
    09-11 12:05 PM
    Guys,

    Keep up the good work.

    This is just another way of saying, sorry I cannot come down to DC due to prior engagements.
    Sent $100 in contribution.
    Google Order #528053412971728

    Thanks,
    Param.



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  • doknek
    06-10 05:05 PM
    multiple year eads & ap - may or may not happen
    visa recapture - no chance
    visa increase - will not happen

    still contribute??

    First one did happen today. So, how much are you going to contribute then?:D




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  • prashanthg
    09-10 05:06 PM
    I guess the reason for moving back eb2 I dates is strategic. Since they have the whole year to use the 140 K visas, they might be trying to start the year conservatively, trying to honor FIFO.

    The aggressive movement of dates in last quarter was ONLY to prevent the visa number wastage.


    I think the reason for the retrogression in EB2-I is obvious.
    There are only 800 visas available for EB2-I for any given quarter (remember the 7% country quota). The spill overs from EB2-ROW and EB1 start only after few months.

    EB2-I will move after the DOS looks at the unused visa numbers from EB2-ROW and EB1, hope fully next quarter.

    There are no spill overs into EB3-I, so it won't move any time soon.

    Note: I am not commenting on USCIS approving cases with later dates before older priority dates.



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  • waitin_toolong
    07-20 05:19 PM
    Guys,
    The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!


    A Total I-485 Applicants: 750000 Applicants
    B Each EAD processing time: 5 Minutes
    C Total processing hrs: 62500 Hours
    (Calculations: AxB/60)
    D Daily productive Hours: 5 Hours
    (It is a government body!)
    E Total Man Days (Business Days): 12500 Man Days
    (Calculations: C/D)
    F EAD Workforce: 30 People
    G Total Business Days: 417 Days
    (Calculations: E/F)
    H Average Business Days in a month: 21 Days
    I Total Clearing Time : 20 Months
    (Calculations: G/I)


    If you are determined to make sensational calculations and postings then who can stop you, but seriously stop assuming things.

    1st assumption: 750000 applicants (realistic figure near 500,000)
    2nd assumption: all are adults (why would kids need EAD, and there would be several in that category)
    3. it takes only 5 mts could take more or less who knows,
    4. work hrs
    5. number of people.

    Stop being so negative and sensationalizing everything. There are more genuine problems to talk about.




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  • Nibiru
    09-02 08:39 AM
    Came here in 98. Applied in 2003. Waiting ever since. Had enough of this BS. I was ok until they started screwing around with EAD's and AP's this year. Recently, got a a couple of offers in India ranging from 30 - 45 lac / yr. Thinking of going back. Its not worth waiting in this line anymore.



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  • ags123
    03-07 02:07 PM
    Thanks Trueguy, I hadnt counted for the full financial year but had taken a small sample.
    The only things which give me hope on Eb2 I are:
    a) Eb2 I has always consistently moved forward but last year they had keep moving it backward in the first 6 months

    b)Even then in Apr 2008 Eb2 I recovered from U to Dec 03

    c) In Jul 08 and Aug 08 Eb3 ROW became U but Eb2 I increased all the way to mid 06

    Assuming they use up all the numbers this year i just cant see how Eb2 I can retrogress.
    (Big Assumption)




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  • a_paradkar
    07-14 01:39 PM
    Done.



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  • 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.




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  • insbaby
    03-04 02:33 PM
    I have seen my friends refinancing, received mixed results.

    Few say, can not approve loan because of temproary status (They have no answer for why they allowed last year when purchasing the home).

    Same guys were able to get it done thru other banks.

    EAD - is not popular as H1B in the financial area. They don't understand. You have to give this as a supporting document along with your H1B Visa and I-797.



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  • EB3_SEP04
    05-18 03:16 PM
    I agree with you. One of my friends got RFE regarding Birth Ceritificates and medical certificates. I would not be surprised if they ask me the same.
    So, how did you submit the Birth certificate then? Can you please share the experience?

    My brother managed to get one for me. the issue was that my BC had wrong date and first name (my uncle had reported my birth with that name which was never used again). My brother talked to the officials, gave affidavits, chai-paani etc and they agreed to correct date and put both first names with a slash(/) in between. phew ...what an experience dealing with the Indian beauraucrats.




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  • rajeev_74
    04-25 05:33 PM
    Tell me, in any of the bills that came in 2005, PACE, CIR. Dream Act etc., or later, IS there even one mention or a discussion of changing the PD? Let's discuss more on how to bring out more into the open, the issues the H1 visa holders are facing from their small time employers in applying for permanent residence, backlog issues and how redtape is destroying these young men's goals, about lack of visa numbers.

    Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
    Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
    This last point will resonate well with all It will be picked up easily; you will see the panic flying in the leven when a simple mention of it is made.
    These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
    I have to respectfully disagree with you on that...just because it was never brought up doesn't mean it should never be taken up. I think you core members know better...if this does not sound practial...End of discussion.
    Thanks



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  • pointlesswait
    06-24 03:00 PM
    you are in fools paradise if you thing america is losing by delaying GC for us...in fact the more it delays the more it gains...

    a.) Obvious processing fess which runs into billions..
    b.) a whole industry of legal professionals who feed off legal and illegal immigrants ...what will happen to Murthys and khannas...and the collateral josb that have been created by immigrants
    c.) the Social security is being sustained by hi-tech and legal immigranst who pay their taxes on time.


    i can list many more..but then the purpose of your article will be lost!..;-)

    if you are asking for ideas on what is US losing..thats because they lose nothing...its only us who think that we are important for US..for them we are nothing but cattle from third world country!

    like i had said in my previous posts..its apartheid..but of a different kind!
    slavery never ends..it just resurfaces as a mutant!

    njoy!




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  • sanjay
    07-06 11:08 AM
    While IV is a big organization with 20K+ members, I haven't seen the transparency, All I have seen is tons of threads being created requesting members to donate money, However Is there any transparency in the way the money is being spent the answer is a Big NO.




    Is IV a big organization ? Yes. Definitely. With more than 20K members it is a big org.

    But what transparency do you or we need about contribution money ?

    Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.

    Now ask yourself ! ! !

    Do I need to know the expenditure report ? My answer would be NO.




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  • bkarnik
    04-26 12:43 PM
    khnmbd:

    Is the SJC convening on 27th to discuss immigration reform? Do you have any more details? The website talks about voting rights?




    manderson
    03-11 11:12 AM
    Napoleon, thanks for those great finds. I always suspected Self-Porting is possible but with too many caveats.

    Please see IV user unitednation's experience while skirting around self-employment / AC21 issues and dealing with "financial viability/ tax returns" type interview questions. He finally succeeded in getting his GC, which still gives me reason to believe that it's possible to be independent after EAD (if you can navigate the loopholes):

    http://immigrationvoice.org/forum/showpost.php?p=142698&postcount=212

    Sorry if this is a repeat post/link.




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