Friday, June 17, 2011

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  • anilnag
    02-23 02:29 PM
    i thought it meant that you had to wait 4 months after your priority date is current to have any expectation of adjudication... no?

    In the guideline for interpreting the dates USCIS hasn't mentioned anything about PD being current. So I think they process applications regardless of PD being current or not

    'The table shown below is intended to be a tool for customers to view our processing times. When applications and petitions are completed within our target timeframes, those timeframes will be shown (example: 3 months). If we are not meeting our target timeframes a date will be shown (example: April 16, 2008).'




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  • kumar1
    03-12 05:03 PM
    Received an email from CRIS yesterday. They have issued a FRE on my I-485. I can not think of anything. My immigration history is clean, no status issues, ever. I remember submitting all the docs during July fiasco. I am waiting for the actual RFE letter to arrive.

    Only good part is - there is someone "OUT THERE" who looked at my file.




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  • villamonte6100
    04-01 02:49 PM
    C�mon boy I�m not asking to make Steve miller their VP operation and use that million dollar in grants to fund that project. What I�m asking is �can you tell us how many applications you received of which chargeability and in which EB categories� and assurance that they will issue EADs and APs in less than 90 days. To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that�

    There is a simple answer your question.

    Why don't you write a letter to USCIS and outline every question you want answered.

    And Please let us know what they say.




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  • eb3_nepa
    03-12 10:38 AM
    Hi Guys,

    I noticed recently a lot of people have the status of "Donor" instead of "Senior Member", "Member", Junior Member etc.

    How does one become a "Donor". I have donated to IV SEVERAL times in the past.

    IV has started a donor Forum for contributing members.

    http://immigrationvoice.org/forum/forumdisplay.php?f=109

    Our monthly subscription based model will help members get access to this area for that time period. In the coming days we will be consolidating all previous subscribers who are continuing their subscription at present to be added as well. If you are an old continuing subscriber, and do not have access, do send an email to info at immigrationvoice.org with your name, email, amount subscribed every month and your IV ID. We will verify it and add you. If you have given a one time payment this month more than $25, we will be dividing it by $25 and the system will calculate the number of months you are subscribed. If you have the old $20/month subscription, please continue that. We will add you in the Monthly subscribers as well.

    If you wish to subscribe, please click on the donate now link, adjacent to the green progress bar above and subscribe.

    From now we will post IV updates on the donor forum so that members who contribute get the privilege of getting the information. If the information can be released for public, we will release it on the main forums after a delay. Donor forum will have the first access to the information. All donors will be identified by a 'donor' status in their profiles instead of junior/senior members.

    If members want to start a thread in the donor forum, please add 'Donor Forum' before the the thread title so that everyone knows it is in the restricted area.

    Admins will visit this area more often and answer questions from members. This will also enable more close coordination and communication between committed members. It is sometimes difficult for us to to read every post on the forum or post certain information for public consumption.

    Thank you for your continued support



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  • kshitijnt
    04-30 03:59 PM
    Aytes basically gave a message, if you legislate we will slow it down through administration.

    He doesnt want to be bothered.




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  • funny
    09-12 01:56 PM
    That is right. I said before and I am saying again. I am against sending flowers or calculators because.
    1. They cost money (Some people may not do that just because of that).
    2. USCIS will like those toys for their kids (Please come out of the movie mood, movies impress a lot but they are a lot different from real life). Believe me they will treat these things as wonderful gifts and we will end up spending time and money for these.
    3. It will not make any difference to USCIS.
    4. USCIS can always redirect all those flowers to orphanage or other places, what they cannot do is redirect our posters trying to put them to shame.
    I have been appealing a lot about this. Why do not we have a letter compain along with posters which should put them to shame. These should not only be sent to USCIS, but also to the press, congressmen, president of US and yes the director of USCIS. I have created several posters here.

    http://docs.google.com/Doc?id=dd4vkcmm_124c6jh9dg6&invite=mqk525
    http://docs.google.com/Doc?id=dd4vkcmm_127xvp53jdx&invite=cn4gjw5
    http://docs.google.com/Doc?id=dd4vkcmm_12895rfwtcw&invite=g7kcrzz
    http://docs.google.com/Doc?id=dd4vkcmm_130cvdpx4cg&invite=7bb9vs
    http://docs.google.com/Doc?id=dd4vkcmm_132g6jcsffz&invite=hczhh8x
    The letter campaign thread is
    http://immigrationvoice.org/forum/showthread.php?t=21340

    Does anybody here agree with me ? Singhsa, your thoughts ?

    I totally agree with "bsbawa10" , Not many people will invilve if its a matter of spending 30-50$ and for sure stuff like Calculators and clock will go to the Kids of USCIS officers and their friends as Thanksgiving "Gifts". I think we should send mass letters to all the involved agencies with posters. Not only all the people will be involved, it will be difficult for USCIS to redirect the stuff to some orphanage/veterans Hospitals etc. Just my 2 cents.



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  • hopefullegalimmigrant
    12-26 05:26 PM
    Hi

    I'm wondering how many are still awaiting advanced parole? I am travelling in a months time, and do intend to go for H1 stamping but at the same time expecting my AP to come through before I leave. Whats up with this delay? Anyone else in the same situation? Please respond.

    I applied on Aug 10 - Nebraska




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  • andy garcia
    10-01 02:11 PM
    From where did you get 174,968?
    Is there any case where unused FP #'s were captured for EB?


    Recapture of Employment-Based Immigrant Visa Numbers Unused in Fiscal Years 1999 and 2000 Section 106(d) of PL 106−313 provides for the recapture of those EB numbers that were available but not used in FY 1999 and 2000.

    Beginning in FY 2001, those unused numbers (which totaled 130,107) will be made available to applicants in the EB1, EB2 and EB3 preference categories once the annual Employment-Based numerical limit has been reached.

    In FY 2002 they used 28,951 out of 130,107. The rest is history.



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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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  • 485_se_dukhi
    07-18 08:36 PM
    I just came to know about this site on July 11.

    Liked the idea about sending flowers and immediately send one basket of flowers to Mr Emilio for July 12 delivery along with a get well soon card.:) Also send letters to local congressmen etc.

    After this amazingly delightful news yesterday, I gave $200 to IV..and as mentioned earlier have set up a $50/m recurring deposit just now.

    For all those who have still not contributed...

    What in the world are you waiting for??

    Lightening to strike?? Permission from your local anti immigrant bunch??

    Isn't this sufficient to let you know that IV core and other senior members of their team are ABSOLUTELY COMMITTED to our cause??

    Do you want another VB fiasco to happen?? Are you going to wait till our 485's are stuck for 2-3 years and then again come to this forum for answers??

    Please, please go ahead and contribute....



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  • waitingmygc
    05-18 03:44 PM
    Hi ind_game, attorney and all readers,

    After reading ind_game last quote "God save AC21.....". I have following questions:

    1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
    2. Is it true that AC-21 info don't get updated in the USCIS records?
    3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
    4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.

    Please reply.

    thanks,
    waitingmygc




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  • singhsa3
    09-11 05:10 PM
    See http://immigrationvoice.org/forum/showthread.php?t=15443



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  • meridiani.planum
    09-11 11:29 PM
    Can one even file a lawsuit against USCIS ?? :D

    this is the United States. You can file a lawsuit against ANYONE :D




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  • Kodi
    06-22 10:41 AM
    Nothing so far. I keep checking the status of my application every day but its still "In Process"



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  • sroyc
    07-11 01:33 PM
    I have been saving up every penny of my disposable income (after the shopping and eating out and everything else!) to go do the things I've wanted:

    Climb Mt. Kilimanjaro
    Spend 3 months with my family in India and Dubai
    Go back to Culinary School
    Go to Bordeaux and learn about wine
    Become an amazing photographer (just like one of the members on this forum...)

    The list goes on and on....


    Just out of curiosity, what's stopping you from doing some of these things now? You probably cannot spend 3 months with your family in India and Dubai or go to culinary school full-time but you can definitely do all the rest while on H-1B/AOS.




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  • black_logs
    01-05 08:44 AM
    Looks like PBEC is sending approvals for labors with PD in Jun'02. Comments!!



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  • jonty_11
    07-06 01:05 PM
    He is a excellent lawyer it seems , may be i'll hire him ...

    What is his name , is he/she a AILA member ?
    Wahtever this may be..lets hope this is also not a rumor like the VB July Fiasco turned out not to be a rumor.




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  • punjabi
    09-10 08:42 PM
    Guys,

    Keep the cool. USCIS is very unpredictable as we all have seen. Get ready to see the dates move forward pretty quickly this year! There are more chances to have increased visa numbers and things can only go UP from here on.

    Watch the documentray "The Secret" and put your positive thoughts out there...




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  • lonedesi
    08-06 08:24 AM
    Raydon, thanks for expressing your situation. But I still feel we are not requesting TSC to expedite our cases. All we are asking his, please do justice to us and follow the FIFO for the I-140 petitions. TSC has been consistently approving cases filed in recently and just continuing to ignore our cases. If you can explain your attorney, I am sure he will understand. Or atleast have him, fill out form 7001 on your behalf and send his own letter explaining the situation to Ombudsman's office.
    I understand that I-140 is employer petition, but it ulitmately belongs to you. So you need to do whatever you can do some how convince your employer or attorney to assist you one time. I-485 is your petition, and you do not need any consent, if you need to send a letter to Ombudsman's office. So please try your best and see if you can mail the form & letter to Ombudsman's office.


    lonedesi,
    Much as I'd like to participate in this campaign, it's the employer's signature that I can't guarantee. My employer is a big and prestigious (supposedly) company and will not want to sign this petition or do anything against the counsel of the attorney. The attorney is not gaining anything by expedited processing of the I-140 and won't support this either. He's an AILA member too, if that's of any significance.
    If this is worthless without the employer's signature, then I'm unable to participate in this campaign, though it is a worthy effort.I would urge all members who can get the employer's consent to definitely participate and wake up the USCIS from it's slumber.They need a big kick up their you-know-where, especially the TSC.




    pcs
    04-25 01:18 PM
    I am for it ( without diluting our present progress).

    In fact it is the real date which makes sense & also provides relief to all H1-B new or old. New guys can peacefully change their jobs till their PD becomes current & do not get screwed by employers




    ickeys
    07-29 10:02 AM
    Hi, the website says my case was certified but my employer and my lawyer did not receive the hard copy yet. It got certified July 17. How long does it take for me to receive it? What should I do?



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