anandrajesh
08-12 11:14 AM
So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
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carbon
07-20 03:27 PM
I thought Grassley is against skilled immigration!
He voted Yea!
He voted Yea!
gcpath
01-03 10:59 AM
Filed AP on Aug-8-2007. Today received email from CRIS saying that Documents have been mailed. Hope you all will get soon.
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h1techSlave
10-01 12:13 PM
This loss of visas is due to:
gaps in USCIS� accounting of cases;
USCIS not processing enough pending applications in a timely manner; and
the imprecise art of predicting workflows and demand surges at three federal agencies:
Department of Labor (DOL) (approves labor certifications);
USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).
Macaca, thanks for the analysis.
My question is, is IV paying enough attention to this?
What I have seen is that IV is spending 80% of its energy to change the current immigration law (increase the EB visa numbers in some fashion etc.). As far as I can see, this is not going any where due to a variety of reasons.
Is it time to rethink our priorities? If we put more of our collective energy to force USCIS to do a better job, will we get better results? Sure, the immigration law needs fixing. But our predicament is not due to immigration law. Our predicament is that the USCIS is not doing a good job. They are only working 4 hours a day. (I saw a post from a person who went and looked around the USCIS parking lot on a Friday :D. He/She says the parking lot was empty in the afternoon.).
I suggest that the IV core spend 80% of energy in fixing the USCIS bottleneck. We should have another rally infront of the USCIS doorsteps (or a flower campaign or a card campaign or a degree copy sending campaign). 20% of the energy can still be spent on fixing immigration law.
gaps in USCIS� accounting of cases;
USCIS not processing enough pending applications in a timely manner; and
the imprecise art of predicting workflows and demand surges at three federal agencies:
Department of Labor (DOL) (approves labor certifications);
USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).
Macaca, thanks for the analysis.
My question is, is IV paying enough attention to this?
What I have seen is that IV is spending 80% of its energy to change the current immigration law (increase the EB visa numbers in some fashion etc.). As far as I can see, this is not going any where due to a variety of reasons.
Is it time to rethink our priorities? If we put more of our collective energy to force USCIS to do a better job, will we get better results? Sure, the immigration law needs fixing. But our predicament is not due to immigration law. Our predicament is that the USCIS is not doing a good job. They are only working 4 hours a day. (I saw a post from a person who went and looked around the USCIS parking lot on a Friday :D. He/She says the parking lot was empty in the afternoon.).
I suggest that the IV core spend 80% of energy in fixing the USCIS bottleneck. We should have another rally infront of the USCIS doorsteps (or a flower campaign or a card campaign or a degree copy sending campaign). 20% of the energy can still be spent on fixing immigration law.
more...
BornToWin
04-11 11:48 AM
Any Schedule A approvals for July filers?
gctoget
08-03 03:51 PM
bunp
more...
zoooom
07-11 05:23 PM
zip code : 91367
2010 watch the videos,
sundeep14
06-11 10:33 AM
this really sucks !
more...
bpratap
05-15 05:08 PM
I am working with a bank for my new Mortgage. The bank is asking for 3 year continuous VISA (forward) as a requirement.
My situation is H1 + 485 (I-140 Approved)
my current H1 will expire in December 2009, I cannot apply for extension until June 09 (180 days )
but Bank guys are asking for 3 yr VISA, they are not even looking on my H1b Approval letter as there is a line mentioned in there as "This form is not a visa nor may it be used in place of a VISA"
Anybody have similar experience ? and any suggestions of how to approach / explain this to bank guys ?
Appreciate ur views n comments
My situation is H1 + 485 (I-140 Approved)
my current H1 will expire in December 2009, I cannot apply for extension until June 09 (180 days )
but Bank guys are asking for 3 yr VISA, they are not even looking on my H1b Approval letter as there is a line mentioned in there as "This form is not a visa nor may it be used in place of a VISA"
Anybody have similar experience ? and any suggestions of how to approach / explain this to bank guys ?
Appreciate ur views n comments
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gcsim
02-25 05:30 PM
Why do you think there are not many cases in 2005?
Yes pls can u explain that.
Yes pls can u explain that.
more...
laborchic
05-06 11:55 AM
Called first 7 from the list
Brown, Gregg, Lugar, Enzi, Graham, Hatch Cornyn, Kyl
Will try to get to the rest of them later in the day.
Brown, Gregg, Lugar, Enzi, Graham, Hatch Cornyn, Kyl
Will try to get to the rest of them later in the day.
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chanduv23
05-14 01:46 PM
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
I agree. And we also need more information on such topics. We need a '101' so that people are aware.
I agree. And we also need more information on such topics. We need a '101' so that people are aware.
more...
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singhsa3
09-11 03:43 PM
Dear Freinds,
USCIS has proven again that they cannot calculate or count. Don't you think they should be presented with this calculator to help them calculate.
http://www.amazon.com/REALLY-CALCULATOR-AUTO-OFF-RUBBER-KEYPAD/dp/B000QOJYWA/ref=pd_bbs_1?ie=UTF8&s=office-products&qid=1221162014&sr=8-1
Note the above does not have an option to add a message so and alternative could be
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
Also DOS has a knack for turning back the clock, don't you think they are in need of this clock.
http://www.amazon.com/American-Science-Surplus-BACKWARDS-RUNNING/dp/B000KDYQFM
What is your opinion?
Note: This thread is to solicit you opinions on what steps could be taken by us as a community to bring more transparency and fairness in the USCIS system.
USCIS has proven again that they cannot calculate or count. Don't you think they should be presented with this calculator to help them calculate.
http://www.amazon.com/REALLY-CALCULATOR-AUTO-OFF-RUBBER-KEYPAD/dp/B000QOJYWA/ref=pd_bbs_1?ie=UTF8&s=office-products&qid=1221162014&sr=8-1
Note the above does not have an option to add a message so and alternative could be
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
Also DOS has a knack for turning back the clock, don't you think they are in need of this clock.
http://www.amazon.com/American-Science-Surplus-BACKWARDS-RUNNING/dp/B000KDYQFM
What is your opinion?
Note: This thread is to solicit you opinions on what steps could be taken by us as a community to bring more transparency and fairness in the USCIS system.
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InTheMoment
04-26 10:10 PM
onemay,
Don't lose it yet...when was the extension applied ?
Extensions these days take less than 60 days for sure.
Also if you have a home-country license, you can always use it as a time gap arrangement :)
So you can always move that finger !
Don't lose it yet...when was the extension applied ?
Extensions these days take less than 60 days for sure.
Also if you have a home-country license, you can always use it as a time gap arrangement :)
So you can always move that finger !
more...
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h1techSlave
04-17 10:37 AM
Thank you Mr. Hammer.
My question was about H4 + 485 pending? Then what is the status? I have earlier given EAD, but they did not accept that. I am submitting 485 receipt with A#. Let me see how it goes.
EAD is not a visa status. It is an employment authorization document. Of course they will not accept it in lieu of H-1B.
What you need to do is show them the receipt of your I-485 application with the A#.
In my case too he asked me if I was on EAD and I said yes. He said that I should then give him a copy of I-485 receipt. However, since I also maintain H-1B visa, I just gave him that.
My question was about H4 + 485 pending? Then what is the status? I have earlier given EAD, but they did not accept that. I am submitting 485 receipt with A#. Let me see how it goes.
EAD is not a visa status. It is an employment authorization document. Of course they will not accept it in lieu of H-1B.
What you need to do is show them the receipt of your I-485 application with the A#.
In my case too he asked me if I was on EAD and I said yes. He said that I should then give him a copy of I-485 receipt. However, since I also maintain H-1B visa, I just gave him that.
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gc_on_demand
12-11 05:06 PM
Administration may not want to add that right now. I had poll long back to find out many of us are interested into it . Only few replied , with limited resources we cannot achieve any thing.
IV core had same and similar job , AC21 on agenda for this year's agenda. FOIA was small side project at that time.
Now coming to main point ... We see so many news that CIR is coming in early 2010. Administration may not want to add pre registration at that time when CIR passes and all dates become C for 2- 3 years. Then this pre registration will not help as long as you have labor approved. Whole admin fix is based on rule making process and that takes near to 6 months. Also new forms and new memo to all CIS dis offices. Way too for CIS my friend. They can be only on track with new process after year.
If we could have done that last year then it might be helpful. Even I recently did some research and found that Pre registration process that those lawyers talks to attract us is for H1B. CIS wants to implement for H1B and then try out for other non immi worker category and then for Green card applicants. I bet you we will get GC by then.
So we can contribute to IV and have IV to work on our stuff. Removal of country cap , STEM , Recapture etc.. That should easy line for all of us ( EB2 and EB3 )
IV core had same and similar job , AC21 on agenda for this year's agenda. FOIA was small side project at that time.
Now coming to main point ... We see so many news that CIR is coming in early 2010. Administration may not want to add pre registration at that time when CIR passes and all dates become C for 2- 3 years. Then this pre registration will not help as long as you have labor approved. Whole admin fix is based on rule making process and that takes near to 6 months. Also new forms and new memo to all CIS dis offices. Way too for CIS my friend. They can be only on track with new process after year.
If we could have done that last year then it might be helpful. Even I recently did some research and found that Pre registration process that those lawyers talks to attract us is for H1B. CIS wants to implement for H1B and then try out for other non immi worker category and then for Green card applicants. I bet you we will get GC by then.
So we can contribute to IV and have IV to work on our stuff. Removal of country cap , STEM , Recapture etc.. That should easy line for all of us ( EB2 and EB3 )
more...
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gondalguru
07-18 05:16 PM
Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.
How sure r u about this?? I think it is the other way around.
How sure r u about this?? I think it is the other way around.
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LuckyPaji
07-24 02:21 PM
I don't know much about the process, I just came to America less than 1 year back, but I know my lawyer was supposed to mail application to reach on July 2, 2007 instead he made a mistake to reach on June 29, 2007 because he said July 1, 2007 was a Sunday so he would rather be early than late. USCIS accepted and receipted me.
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
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Jimi_Hendrix
12-14 02:55 PM
Time: 7 PM PST
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
snathan
08-24 02:22 PM
One of my points: "loopholes" are NOT what we are here to fight against. Now, is the rest of your reply relevant?
And anyone who irritates you is a troll. So be it. This troll is there to prevent nonsensical ideas
All this will feed the anti's and true trolls. Why don't we focus on our objectives?
Don't we?
I posted long time back to stop this argument. You are the one keep posting the irrelavent informaiton.
Peace...
And anyone who irritates you is a troll. So be it. This troll is there to prevent nonsensical ideas
All this will feed the anti's and true trolls. Why don't we focus on our objectives?
Don't we?
I posted long time back to stop this argument. You are the one keep posting the irrelavent informaiton.
Peace...
ras
10-16 05:47 PM
Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
Issue/Background:
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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any 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
Issue/Background:
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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any 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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