pcs
07-05 10:17 AM
I will email it you. Send me a PM
Actual copy of WSJ & Congresswoman made all the difference in the reaction of the office staff
Actual copy of WSJ & Congresswoman made all the difference in the reaction of the office staff
wallpaper A small drop of lood gets
amitjoey
05-07 01:29 PM
I do not believe we have a efax campaign right now. Faxes and letters do not seem to get the attention like phone calls and personal visits do.
nlssubbu
07-24 06:42 PM
If they are such smart to calculate numbers like you said, which is theoritically possible, they would not be creating mess like this for years.
Yes, it is easy for them to know how many applications are filed and from which country and how many are in which category etc etc. Based on visa numbers availability, they could very well process the applications are request the visa numbers from DHS. When USCIS handles all the 485 processing, then how come DHS is responsible for moving the dates in VB. It is insane and ridiculous for DHS to have this functionality when they do not have any idea on 485 apps with USCIS. They are scewing up immigrants deliberately without transparency between them.
As I already stated, it is proven beyond the point that DOL and USCIS has only the ability to count the numbers. They do not even know exactly how much labor is pending by country. The same is true for I140 as well.
There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].
This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.
Thanks
Yes, it is easy for them to know how many applications are filed and from which country and how many are in which category etc etc. Based on visa numbers availability, they could very well process the applications are request the visa numbers from DHS. When USCIS handles all the 485 processing, then how come DHS is responsible for moving the dates in VB. It is insane and ridiculous for DHS to have this functionality when they do not have any idea on 485 apps with USCIS. They are scewing up immigrants deliberately without transparency between them.
As I already stated, it is proven beyond the point that DOL and USCIS has only the ability to count the numbers. They do not even know exactly how much labor is pending by country. The same is true for I140 as well.
There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].
This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.
Thanks
2011 Then all O.B. tampons
ilwaiting
04-25 01:09 PM
Well, I'm sure you know Employer is the one that needs to file for GC. I think it has been said and done multiple times the various scearios that might ditter a person from pursuing the GC process. Let alone waking up 6th year of his H1B, I'm sure no one is so dumb.
As for your question:
"So what happens to people who already have a PD based on the labor(LC) date?"
It needs to be handled carefully by USCIS. What happened to the 300K+ DOL Backlog cases that are still being adjudicated at BEC. But the new PERM process got enacted without a hitch. May be something similar would happen with this one too
So what happens to people who already have a PD based on the labor(LC) date?
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
As for your question:
"So what happens to people who already have a PD based on the labor(LC) date?"
It needs to be handled carefully by USCIS. What happened to the 300K+ DOL Backlog cases that are still being adjudicated at BEC. But the new PERM process got enacted without a hitch. May be something similar would happen with this one too
So what happens to people who already have a PD based on the labor(LC) date?
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
more...
indio0617
03-09 11:17 AM
Sen says: should make methods, process easy for employment authorization...
They have at least steered off the illegal immig issues for now...:)
They have at least steered off the illegal immig issues for now...:)
u.misc
12-11 11:49 AM
Looks like they are changing the spillover rules again from Horizontal to Vertical this is bad news for EB2 I
Pardon my ignorance.... Can you enlighten me as how Vertical and Horizontal spillover works ? What exactly happens in Vertical spillover and how is it different from horizontal.
Pardon my ignorance.... Can you enlighten me as how Vertical and Horizontal spillover works ? What exactly happens in Vertical spillover and how is it different from horizontal.
more...
reddymjm
03-12 11:18 AM
I too support this. There are exceptions always.. and will be I guess..
2010 Tags: tampon woman lood
pani_6
06-05 09:55 AM
What happens to people on EAD and AP...what would happen to thier status...This law does not make sense..I think it may be for people who have not filed for I-485..
Why take all the approved application and create another backlog..although Congress passes law ..its upto USCIS to intrepret it so that it makes sense to them and then apply it...
It will create unneccesary Choas if people again have to start from scratch after waiting for 5-8 years...and with the back loga they have right now..you can safely assume that this it not affact majority of us
Why take all the approved application and create another backlog..although Congress passes law ..its upto USCIS to intrepret it so that it makes sense to them and then apply it...
It will create unneccesary Choas if people again have to start from scratch after waiting for 5-8 years...and with the back loga they have right now..you can safely assume that this it not affact majority of us
more...
bkarnik
04-26 10:15 AM
You stated dual intent immigrants. In letter and spirit.
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Learning01:
The intent issue is generally looked at during visa issuance, HOWEVER, please see the link from shusterman or better yet look at the USCIS link (it can't be better than this). The Consular officers never ask you your intent when you are applying for a H1/L1 visa. The intent issue is applicable only when you are applying for a F1/B1/B2 visa.... In the future, before posting anything, a little research please:)
As for the other issue, I am surprised at the vehemence...why would in not make more sense to get the money that you paid in addition to what the employer matched back when you decide to leave (or are forced to leave)? That way the US gets to use the money till you are here, but you get double the money if you leave. I would also agree with mrajatish...instead of blaming the US for everything, for once lets try to change the way our government works.
http://www.shusterman.com/di-vsa.html
http://www.uscis.gov/graphics/howdoi/h1b.htm
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Learning01:
The intent issue is generally looked at during visa issuance, HOWEVER, please see the link from shusterman or better yet look at the USCIS link (it can't be better than this). The Consular officers never ask you your intent when you are applying for a H1/L1 visa. The intent issue is applicable only when you are applying for a F1/B1/B2 visa.... In the future, before posting anything, a little research please:)
As for the other issue, I am surprised at the vehemence...why would in not make more sense to get the money that you paid in addition to what the employer matched back when you decide to leave (or are forced to leave)? That way the US gets to use the money till you are here, but you get double the money if you leave. I would also agree with mrajatish...instead of blaming the US for everything, for once lets try to change the way our government works.
http://www.shusterman.com/di-vsa.html
http://www.uscis.gov/graphics/howdoi/h1b.htm
hair And there was lood. The end.
makemygc
10-25 11:59 PM
I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
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
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
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
more...
immi_twinges
07-24 12:53 PM
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
you said your RD is feb 2005...
If you got your gc then i have some hope
RD Feb 2005
eb3 india
Last fingerprint in March 2007
you said your RD is feb 2005...
If you got your gc then i have some hope
hot Tampons gather lood, man the
Green.Tech
06-10 12:15 AM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
�I am not judged by the number of times I fail, but by the number of times I succeed: and the number of times I succeed is in direct proportion to the number of times I fail and keep trying.�
For those who believe in this, please contribute to the cause...
visa recapture - no chance
visa increase - will not happen
still contribute??
�I am not judged by the number of times I fail, but by the number of times I succeed: and the number of times I succeed is in direct proportion to the number of times I fail and keep trying.�
For those who believe in this, please contribute to the cause...
more...
house The lood-thirsty vampire
indio0617
03-09 10:08 AM
another senator suggesting: institute a training fee for nurses like the H-1b training fee...
tattoo Tampons are small pads of lint
RNGC
06-24 09:31 PM
During our wait, I can say that we easily spend $10 - $20 k just for Immigration related issues....visa fees/lawyer fees/ etc...
I did a simple math, If I had the green card , during the last 8 years I could have made $25,000 more annually...that is $200,000 for eight years! This money just went to our H1 B employers, who are becoming wealthier!
I did a simple math, If I had the green card , during the last 8 years I could have made $25,000 more annually...that is $200,000 for eight years! This money just went to our H1 B employers, who are becoming wealthier!
more...
pictures ezio you forgot your tampon
apoojo
04-29 11:05 PM
Apart from calling all senators, I am thinking of writing to them/their offices as well. I guess different forms of communication would not hurt.
Many people stuck in the greencard backlog are not even aware of these steps (and organizations such as IV). How can we all help? Spread the word... post the link to Pappu's message in your facebook feed / blog etc.
Many people stuck in the greencard backlog are not even aware of these steps (and organizations such as IV). How can we all help? Spread the word... post the link to Pappu's message in your facebook feed / blog etc.
dresses “lood” color is achieved.
Green.Tech
05-29 09:56 AM
Back on top...
more...
makeup tampon.jpg. Dear Dr Cath,
paskal
07-20 02:27 PM
this is not over
this might just be an opening salvo.
these things usually get negotiated behind the scenes.
things of note in this event:
1. we garnered 55 votes in support, in any up and down vote we win.
2. Durbin was the man again...that derailed us.
this might just be an opening salvo.
these things usually get negotiated behind the scenes.
things of note in this event:
1. we garnered 55 votes in support, in any up and down vote we win.
2. Durbin was the man again...that derailed us.
girlfriend tampons and lood on them
svr_76
09-15 06:29 PM
GCTest: Is it also possible, as part of ur consultation, to see if once a person files in EB category he should NOT be allowed to marry citizen or person from current countries and thus be able to use FB etc...or other means... Or is your irritation only for EB2 category?
Comon ppl show your talent, earn a phd and get NIW...EB1 is current :-) I will try and move up the chain. Complete my master and get to EB2 and then further complete thersis and try a NIW. That will be a worthwhile fight not what is going on.
Comon ppl show your talent, earn a phd and get NIW...EB1 is current :-) I will try and move up the chain. Complete my master and get to EB2 and then further complete thersis and try a NIW. That will be a worthwhile fight not what is going on.
hairstyles tampons, lood, tissue.
eb3retro
03-11 01:38 PM
I do not know if USCIS is going with receipt date or any procedure. My Receipt date is June 27, 2007. Notice date is August 9, 2007. My case is not touched either till now.
pls see my reply to gc please..
pls see my reply to gc please..
wa_Saiprasad
07-18 04:19 PM
I know many of friends who use IV as recourse for NEWS but they don't register nor contribute. Even after multiple reminders and sarcastic comments they don't. I feel pity for them, they don't understand by registering and contributing they help them self and others. Shouldn�t we make IV a monthly subscription web site? That way we will have only serious members.
snathan
02-13 10:14 PM
Why are you not posting other messages from me, kiddo. MS + 1 yr. LOL. What an experienced and talented guy :)
I dont need your certificate junk...IV could not achive anything because of free loaders like you. what a piece of junk.
Every one in this forum knows your talent. Are you working in form
I dont need your certificate junk...IV could not achive anything because of free loaders like you. what a piece of junk.
Every one in this forum knows your talent. Are you working in form
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