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  • ramus
    07-06 01:29 PM
    Why USCIS suddenly did this press release? Something fishy?




    Nebraska Service Center
    USCIS expects to provide in time-compliance for receipting of form types listed below:
    Data Entry:
    Compliant BY
    I-131 EB 8/1/2007
    I-140 EB 8/1/2007
    I-485 8/1/2007
    N-400 8/1/2007
    All other forms are currently in time-compliance.

    http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.

    So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.




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  • Marphad
    07-06 03:28 PM
    ban this guy/girl.....

    This type of language is not acceptable at all. He is new Sanju (and he was..... no comments ;)).




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  • reddog
    03-12 10:50 AM
    Looks like it only tracks people who donated for FOIA

    No, it does not even do that. it does not let FOIA donors logon too.
    First, the whole concept of donor based organisation is so stupid.
    I mean really stupid.

    If the donor based thing is ON, the future of IV is not good.
    Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.

    but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.

    Instead of making donor based posts, have a FOIA kinda drive every now and then.

    unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
    talk about low life bureaucracy, welcome to IV.




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  • setpit_gc
    07-24 05:19 PM
    My wife's DL expired in June 2007. We got her extension in April 2007 for next 3 years. FYI: It took only 40 days to get the approval. Applied in PP.

    We noticed the incorrect DOB in her approval notice. Attorney contacted CIS about this. We got a letter from CIS asking us to wait for 30 days to review her case. It is 90+ days since we reported CIS's typographical error. They took 40 days to approve the extension but they are taking more than 90 days to correct the DOB and issue a copy. Congrats CIS!.

    Because of CIS's typographical error, we are facing hell of problems. She couldn't renew her DL. We went to DL office. We were asked to file a complaint. That takes ANOTHER 10 to 12 months to get the feedback from DL office.

    I don't know what to do other than just WAIT!.



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  • orangutan
    02-07 02:22 PM
    I myself in the similar situation. My wife wants to send money to her parents every month (BTW her 2 sister and brother live in US since long time). I did a lot for her parents till last year which I stopped. I help them, when they have money they give it to other family members instead of me. Any way the story is, it took lot of time i.e around 2 years to councel my wife to make her understand.

    I told her I can't buy House, no Private Schools, no high end cars. I asked her to make a decision. I clearly expalined her my vision about my career, my view towards the life. She did not completely understand but at this point she is not forcing me (good thing).

    Don't give up, just keep explaining about life. she will get it at some point.




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  • titu1972
    03-17 09:19 PM
    I got a mail from IRS Today mentioning the eligibility criteria for Stimulus package. Only Primary person who filed Tax Return(may be single or jointly)
    is eligible to get refund of $600 for single and $1200 if file jointly. Dependant cannot claim the package.

    For each child additional $300.



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  • santb1975
    06-20 12:53 AM
    Are we not reaching 20K even??




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  • sapota
    07-19 03:25 PM
    Given that IV was majorly instrumental in reversing the July fiasco, the least I could do was contribute money.

    I am also planning to contribute time by volunteering for Texas state chapter activities.

    The turn of events in past month clearly highlights what concentrated lobbying can achieve. We need to keep up the pressure.



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  • mariner5555
    05-02 02:47 PM
    I don't see Visas Recapture bill going any where.

    It seems USCIS wants to potray that they are doing great job by doing various Process improvements. USCIS indirectly wants to say that eventually USCIS process will be improved to the extent that there will be no Visas wasted.

    I think this was the most straight forward and simple bill. Other bills like removing the country limit are more challenging.So I don't see anything happening from immigration point unless democrats take over both senate and House in late 2008.

    Hope for any legislative changes only in 2009 and beyond and not in 2008.
    honestly even if democrats come in 2009 ..nothing will ever happen. as I mentioned in one of the posts .. unless they start educating people about the aging population and the need for immigration, need for immigration to keep economy growing ..in terms of young people needed to settle here so that economy gets young workers and in turn the workers end up buying houses, cars etc ..nothing will happen. politicians don't need talent ..they need money from lobbyists ..businesses need talent but they are getting from comp - comp visas and outsourcing. on top of it we have super stupid people like doggs who are making matters worse.




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  • samrat_bhargava_vihari
    02-13 04:20 PM
    It is an Emotional Achievement to me and free from lot of worries with boosted Energy.



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  • willwin
    09-12 10:49 AM
    Let us continue a debate on
    a) Pros of this idea
    b) Cons of this idea
    c) Alternative we might have.

    Also, please do not get emotionally attach to an idea let democratically select that is best for the community.
    Please limit to those ideas that are executable and within the bounds of law.


    In my opinion, we should do this:

    Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:

    1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.

    2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
    And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
    Ask a question (larger font) on the same page, why keep us on limbo?

    This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.

    If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.

    We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.

    As always, ignore this idea if you guys dont like it.




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  • marwan234
    08-10 02:10 PM
    Sing it: "No checks no receipt...whatcha gonna do...whatcha gonna do when they come for you (Border control)"....Hey!! I'm legal!!!:D

    5 weeks and nothing.....But i did get my H1/H4 8th yr receipts in a week.



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  • trueguy
    03-07 11:22 AM
    We may have to believe him....

    It doesnt mention Hillarys lastname though, thought that is funny....She was in Brussels this week though...

    Like Hillary, Who?

    and not sure why would she call a lawyer over the weekend and give them the insider information.........




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  • pappu
    12-16 03:37 PM
    I'snt tracker broken (Sorting by PD ) for some time now.

    We will improve it soon. But the data is still useful.



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  • nk2006
    10-16 04:29 PM
    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: Ombudsman
    ======================
    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
    =======================

    ============================
    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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  • chanduv23
    09-12 02:20 PM
    I agree with the posts to a certain extent but the last time we sent mass letters only 5000 letters were collected. A couple of people were responsible for collecting 500-1000 letters each. You can caculate the percentage of letter writers of the who actually sent out the letters.

    We talk about num usa etal.. bear in mind they have lots of resources and volunteers willing to call and write letters. We keep fighting about EB3 Vs EB2, red dots and green dots and other 'important' issues, very few actually make the calls. The ones who work, keep working while others demand answers as to why issues are not fixed, the rest of us just like discussing issues to death on the forums... just my 2 (pick your denomination).

    Volunteers - printed thousands of letters - went to train stations, temples, public places, spent money, time, effort, stamped , enveloped - did everything they could to make the campaign a success but still there were only 5000 letters which in fact showed some results.



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  • chisinau
    08-05 04:17 PM
    hi! i am a physical therapist on h1b...all this news abt retrogression is too scary...i had a few qs:
    what is the scenario for someone like me who would file I-140 in the next couple of months?
    what are the chances of Schedule A being alloted additional visa numbers in the next 2 years?
    how much wait time would be expected under EB 3 category for India for someone whose priority date wud b oct or nov'07???
    thanks

    Hi!
    I'm RN outside the US:cool:

    I will try to answer on your second question first. Shumer/Hutchinson amendment is the only our chanse for now. Try hammond law group, or shusterman, you will find info about it there. Shortly, it is the second try of Mr.Shumer and Ms. Hutchinson to amend an "Omnibous Bill" with a favorable for nurses and PT amendment. It would provide all schedule "A" with 61000 visas! If it is passed, we will be in chocolate:D , I mean you will get your GC in approximately 6-8 months (or a year). Nobody knows what are the chanses! My opinion that we have 50% that such a bill will be attached, and than we again have 50% that it will be passed and signed by Bush, before the end of the year.:rolleyes: If we are not lucky we would not see any favorable bills till after the elections of president and senate, late 2009(!).:mad:

    Under EB3(if no schedule "A", and there is no other favorable changes in immigration law),and you are from India, you will have to wait forewer (10 years or so)! But if you are in the US, and you will be able to file I485, DO IT!

    My advise is: file I140 as soon as possible, not sure about the avilability of premium processing, if you can, then use it also, if you can file I140 and I485 concurently - DO IT! I'm not familiar with procedures for PT, maybe you will find information here:

    http://hammondlawgroup.blogspot.com/
    http://shusterman.com/toc-ahp.html
    http://shusterman.com/toc-rn.html
    http://immigrationvoice.org/forum/showthread.php?t=4817




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  • java_jaggu
    06-04 01:15 PM
    http://www.ilw.com/articles/2007,0604-lee.shtm

    Based on this article, it looks like even those 140's and 485's filed after the cut-off date will be fine as long as the GC is approved before Oct 1, 2008, so folks will have some breathing time and flexibility to plan their next move, if the bill passes in the current form.




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  • xyzgc
    09-06 01:50 PM
    ** what type of action are you talking about. Who has the money to hire another lawyer to fight against these people. The only action one could have taken is to leave the company. But as a matter of fact all the desi companies are the same.
    If you are talking about getting hired by big companies then tell me seriously how many companies are willing to go through the paper work and file h1-b. During the 2001 recession tell me how many big companies were hiring.
    A drawback of the big companies is that if your are fired you loose your gc process, if you are working for a consulting company you have option of consulting and your greencard process is still intact.


    I don't think these arguments about smartness vs luck are going to help anyone.
    If EB3-I folks feel that they are stuck too long and getting green is a very high priority item, they would want to move/port to EB2. A lot of people have EB2 portability with the approved 140 and all but many have chose not to go this route for various reasons.

    Is that being smart or stupid?
    Some people feel they don't want to change their jobs and set their careers back. Others are just plain inertial. Still others feel its risky jumping through all the hoops all over again.
    I think if you are just being inertial you are being more stupid than smart but other than that its a matter of choice.
    The visa retrogression relief will happen when it happens. IV's organized efforts can't be blamed.
    If we don't fight, we will not even have a fighting chance.You join IV's organized effort but don't just stop doing your own thing. As pointed out by others, individual decisions are also important and will probably make more difference to you as an individual than the collective community.




    checklaw
    07-05 04:05 PM
    Curious.




    ind_game
    05-13 10:51 PM
    � I-140 filed 05/04/2007
    � I-140 approved 09/04/2007.
    � I-485 filed on 07/02/2007.
    � Changed jobs on 07/14//2008 (after 1 year of pending I-485)
    � Soft LUD on I-140 02/03/2009 (possible revocation of I-140 from my previous employer)
    � got I-485 denial notice on 02/18/2009
    � filed MTR on 02/27/2009
    � MTR dismissed on 03/26/2009 (on the grounds that I-140 was denied on 09/04/2009)
    � filed second MTR on 04/23/2009
    � soft LUDs on the second MTR on 04/27/2009 and 04/28/2009



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