Friday, June 17, 2011

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  • krishmunn
    02-24 10:00 AM
    If one can handle stress, anxiety and trauma while waiting for GC, then its worth waiting. If not, people like me start looking at options. I applied for Canadian PR in 2008 and just did CDN landing last week which gave my family feel of "cold weather".
    I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.

    We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.

    Bhattji

    I am planning to do the same ... apply for CDN PR. How much time did it take for you ? Also, much time do they allow for landing ? Do you need a US Visa to return after CDN Landing ?




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  • Gravitation
    12-05 03:40 PM
    I'm getting MBA from Babson College in MA (top25). The total cost is $60K in just tuition. My employer pays appx. half of it.


    It's a huge investment of not just money but time as well. You have no life for three years.



    It's very rewarding to learn so many different subjects: Economy, Marketing, Accounting, Law, Leadership, Finance, Technology management, Organizational Behavior. I reach classes tired but come out fresh. It really broadens one's thinking.



    I got my B. Tech. from India. It's great to have American Classroom experience.



    Great Networking.


    I still have 30 years of professional life ahead of me to use knowledge/expertise gained from MBA. I wouldn't trade this experience for anything.

    Due to demographic shift in US, large shortage of middle-management is expected in coming decades. MBA can provide a real leg-up in career advancement.

    At the same time... I can totally see when some people just go through the motions to get their MBA and do nothing with it. Don't approach it like just a degree. If you are committed to learning new skills, using them and improving yourself just a little everyday... Go for MBA.

    Also, don't expect big bucks immediately following MBA. Class knowledge , combined with some experience afterwards will actually provide super returns. Most of the studies that look at salary increment right after MBA will come up with -v e RoI.

    In a nutshell, there are many factors to consider in a decision about getting an MBA degree; tuition expense is not the biggest one. If you have any desire to get MBA, don't let others dissuade you.




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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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  • nk2
    07-16 09:24 AM
    Paid 50$ thru DCU Bill pay - conf number 7YHRV-XC1JL



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  • santb1975
    05-28 07:04 PM
    That is Awesome




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  • mjdup
    07-14 02:39 PM
    Contributed for two souls...



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  • buddyinus
    08-11 01:27 PM
    A freind of mine called. He did NOT hear such thing from NSC. He even refefrenced this discussion

    Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.




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  • immi_twinges
    07-20 05:37 PM
    My take is that Sen. Cornyn's bill is too ambitious and tries to solve ALL the problems. It is never going to fly, especially in this political environment.

    We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.

    In my opinion, this is the absolute minimum:

    1) Clear DOL backlogs in BECs
    2) Recapture lost visa numbers
    3) Dont count dependants
    4) Raise per-country cap to 10%

    If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.

    Lets ask first ..to fix the USCIS lethargy..



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  • boreal
    08-24 12:42 PM
    And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities

    I dont have any opinions on the main topic here - just wanted to chime in on this one...
    Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...




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  • arnab221
    11-09 01:26 PM
    Thanks to the glorious service of the Atlanta center :mad: I missed the I-485 bus by 7 days( Labor cleared on Aug end ). Many people with later PD's got cleared from the Chicago PERM center . Now I just watch as all members get their EAD's and AP's while I wait with nothing but hope and watch legislation after legislation fail in the senate and house , and the letters flying all over the place .



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  • m306m
    05-27 08:28 AM
    ^ to the top ^




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  • chanduv23
    05-14 09:38 PM
    Here is the scoop.

    from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.

    Liaison confirmed the following:

    1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
    2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
    I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.

    3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.

    4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska�s decision to deny the I-485 may have been in error. (which in my case is true)

    Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor

    Unanswered questions:

    1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
    2. Are they both not looking at my information with same interface?

    Conclusion:
    Atleast in my case it looks deliberate and intentional.

    I guess you are now happier than before. You are close to getting your issue resolved.

    No one knows why people who are eligible for AC21 portability are going through this.

    When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.

    Many people have said that this is a training issue. maybe it is. We don't know



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  • DDLMODES
    07-06 10:53 AM
    OK can u explain how this info can be used against us...what the heck did we do?

    We did not do anything but we are in the middle of it as future applicants thay will go through the same process.
    If they decide that this process is a threat to security because they do not check people good enough how would that help us in any way ?

    You know that's all they will care about in this whole process, right ? Once the public and the press gets that idea, is only downhill from there...
    :(




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  • obviously
    09-15 10:55 PM
    I think the at the heart of this kind of reckless, selfish 'crusade' is a problem with poor upbringing. Some kids are brought up to look at the world through myopic self-interests, and are molly coddled by their parents into believing that their narrow views are indeed honorable and respectable.

    The sad reality is that such 'crusades' do nothing more than unite those against the larger cause of brown/black/non-white immigration and divide those that are already in pain.

    No wonder then that history repeats itself ever so often when those from the 'great Eastern lands' can so easily be ruled by those with shorter histories and accomplishments.

    Take a look at illegal immigrants. They break the law. Yet, they are able to unite so effectively to make themselves heard. For a group that has absolutely no locus standi for legal or political relief, they are amazingly effective in shaping the dialog around their interests.

    As a strategy and communications professional (with a strong background in Harvard Law School mediation/negotiation and US public policy) I can vouch for the effectiveness of a united voice that speaks to larger interests oriented towards US economic gains. These kinds of narrow sub-optimal "causes" only make the USCIS and the larger establishment care less about legal employment based immigration.

    Absent in this dialog from this 'erudite PhD' is analyses of root causes of underlying problems. For one, there is the absolutely crystal clear problem with country based quotas for employment based immigration in a country where the primary act, i.e., employment itself cannot be discriminated based on national origin. And so on and so forth.

    Instead of taking cause with such short sighted and self-centered acts, why not apply your collective 'high skills' towards highlighting the POSITIVE CONTRIBUTIONS of legal immigrants and pushing for a better overall process?

    Instead of collecting money to slit the wrists of those around you, why not join hands and petition the lawmakers for better, more transparent processing estimates?

    Instead of trying to make a futile argument that EB1 > EB2 > EB3, why not attempt to have a real public policy dialog that reframes larger interests?

    Further more, dont forget that when the USCIS needs to respond to such frivolous lawsuits, it costs US taxpayer dollars... which further alienates the USCIS and Citizens from the cause of legal immigration.

    No wonder then we find an increase in backlash against non-white immigrants that seek a higher sense of entitlement... seriously... I can bet just as I did with that SunnySurya joker a while ago, put your EB2 petition up online and let us see if there really is no US Citizen available to do the job.

    What makes it fair for a foreigner like you to come to this country and claim that there there is NO ONE to do the job based on which you seek to immigrate?

    If you are really serious about US national interest and the larger question of fairness, it is only fair that you post the EB2 job and we confirm that there is no US person ready and able to take that job. And dont try those advertising tricks, I will hire a lawyer to smoke out your games.

    BTW, I will be looking out for this lawsuit. I will get the details from you directly without you even knowing about it. Heck, I will even contribute to your "cause" so that you give me the details. Then, I will file a separate petition to have your specific EB case investigated for the merits your lawyer posed. Ready for that game?

    Bottomline, I blame poor parenting for creating such characters in society that cause a drain on the moral fabric of humanity.



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  • Macaca
    09-12 07:53 PM
    Ruben Navarrette ruben.navarrette@uniontrib.com




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  • vparam
    09-24 03:07 PM
    it has to be similar job PLUS with an established company.

    from what i have gathered it seems that if USCIS issues a RFE or calls u for interview during adjucation they might ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not suppposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...).

    i also wondered about the conflict of interest becoz it's your relative that u clearly identified in your G325 (Biographic) form -- but I guess if ppl are doing it then it's possible.
    You can be self employed used that for AC 21 as per yates memo. In that case wht does it matter if you are working for your wife's company. since it allows you to work just by yoru self ( self employment == own your own company)



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  • spicy_guy
    08-13 10:22 AM
    My suggestion for everyone reading this is - do not send this information to your Company or HR department. They could ask us to table this additional cost. I work for Accenture so I hope that this does not apply to my employer with less than 50% employees on visa. But I'm not going to write to them asking about this because they may turn around asking us to eat this new cost.

    How about you? Has anyone contacted their employer already? What are they saying?

    Most of the Indian companies (TCS, Wipro, Infy, etc) have more than 50% H1Bs, I believe.




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  • danu2007
    05-22 05:02 PM
    I have made a one time contribution of $100.

    Receipt ID: 97J49355KG857603M

    Thanks




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  • Milind123
    09-14 01:05 AM
    The last sixth round and this seventh round is to encourage people, who beleive in IV, to contribute their first Ben Franklin ($100). I still need 3 people to close this round. I absolutely positively confirm that this is the last time I am going to single you out.

    Looking at the last few posts, I think I am talking to myself. Time to go to sleep. Good night. People on the west coast, please help to keep this thread on the screen by bumping it.




    GCBy3000
    08-02 04:01 PM
    Since I was bored at work, I called this number and talked with a rep this morning @10. She told me that they have 76K applications pending for the receipt date as of July 27th. She said this two times thinking me to take on with surprise with this huge number. Yes, of course I am surprised. Is it only 76K apps by July 27th?


    Ooops, i missed this in my original post. This is true for Nebraska service centre.
    I am not sure about the other service centre. Sorry dudes.




    mpadapa
    08-13 05:05 PM
    Getting HR 5882 / S 3414 (recapture bills) through congress is the only hope for EB3's.

    Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.

    Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.



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