Keeme
08-14 03:53 PM
This is what will help us to clear backlog ! Wanted to post it few days back when news came from UK they wanted to bring more immigrants as one of solution to get their economy back on track.
Guys, IF any thing may come as 'rescuer' this year and help us to come out from this backlog and move the dates forward in next year visa bulletins, that would be 'current economy and housing market situation'. IF any thing can convinced Congress to clear visa recapture bill this year, it would be only 'current housing market situation'. To get the economy back on track next year, housing market has to be improved and its not happening !
EB3 guys - Just hang on ! Good news are on your way !
Guys, IF any thing may come as 'rescuer' this year and help us to come out from this backlog and move the dates forward in next year visa bulletins, that would be 'current economy and housing market situation'. IF any thing can convinced Congress to clear visa recapture bill this year, it would be only 'current housing market situation'. To get the economy back on track next year, housing market has to be improved and its not happening !
EB3 guys - Just hang on ! Good news are on your way !
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amitga
07-06 12:37 PM
We just need 20,000 active members to make a change, which is approx 10% of the total number of GC apps pending. At the most 2000 people are active.
If somebody can being in 20,000 active members to this forum, the change will happen.
If somebody can being in 20,000 active members to this forum, the change will happen.
lazycis
05-14 12:17 PM
No man.........I am waiting for the outcome.......In fact to be frank I am bracing myself for Writ of Mandamus Lawsuit.....frustration....
Congressman's liason may be able to help, but to be on the safe side, fork out $350 and dispute the denial in federal district court. It is different from mandamus, it's an agency action which is not in accordance with the law. Court filing may help you to preserve status/EAD/AP.
Congressman's liason may be able to help, but to be on the safe side, fork out $350 and dispute the denial in federal district court. It is different from mandamus, it's an agency action which is not in accordance with the law. Court filing may help you to preserve status/EAD/AP.
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cjain
07-06 04:03 PM
AILA has reported a very interesting or confusing DOS LegalNet Office letter which one of the members received towards the fact that the consular posts had already been allocated their numbers for the month of July prior to EB visa numbers becoming unavailable on July 2 and that the posts may continue to use their July allocations of EB numbers, and continue to issue Immigrant Visas for the rest of this month, July, for those applicants who were scheduled for IV interviews in July. Hm.....................................
more...
langagadu
03-07 10:59 AM
Well, he is saying differently here. What the hell?
http://www.immigration-information.com/forums/showthread.php?t=7464
See the link
http://www.immigration-information.com/forums/showthread.php?t=7065
http://www.immigration-information.com/forums/showthread.php?t=7464
See the link
http://www.immigration-information.com/forums/showthread.php?t=7065
pd_recapturing
11-25 09:37 PM
bkn96, Thanks a lot for this information.
Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?
Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?
more...
needhelp!
09-10 05:38 PM
It goes a long way.
Thank yous to:
Madhuri, rajusk, immuser, manish_jain99, meandmygc, GC_1200, srinivas06, mhathi,ssprof
Thank yous to:
Madhuri, rajusk, immuser, manish_jain99, meandmygc, GC_1200, srinivas06, mhathi,ssprof
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paisa
07-06 03:23 PM
--- Good one :D
you mean 60k
you mean 60k
more...
matreen
07-15 03:20 PM
Then add Immigration Voice as payee
and give address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
don't I need to provide the account number of IV there.?
and give address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
don't I need to provide the account number of IV there.?
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gclabor07
09-01 08:56 AM
Arrived in US in August 1999.
Labor started with employer A in 2002.
Changed job with Employer B in 2006.
Attorney screwed up with new labor in October 2006.
Refiled new labor in July 2007.
Missed the July 2007.
Labor started with employer A in 2002.
Changed job with Employer B in 2006.
Attorney screwed up with new labor in October 2006.
Refiled new labor in July 2007.
Missed the July 2007.
more...
WeShallOvercome
06-18 07:09 PM
contributed $50 via paypal
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ras
10-16 05:47 PM
Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
Issue/Background:
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Issue/Background:
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
more...
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JunRN
09-30 03:34 PM
Don't expect anything from Nebraska Service Center today. Somebody from who live few minutes away from NSC said that the parking lot at NSC is empty today. Yesterday, she saw that it was full from 7 to 12 nn but was empty in the afternoon.
What we can expect is only automatic LUDs. No overtime work for NSC. Have they used up all the FY2007 visas? They must have....if not, this fact can be used against them when we file a complain.
What we can expect is only automatic LUDs. No overtime work for NSC. Have they used up all the FY2007 visas? They must have....if not, this fact can be used against them when we file a complain.
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rajeshalex
08-04 05:36 PM
Originally Filed at TSC Jul 07. EB2
XFRD to NSC in Nov 07
No LUD for an year.
XFRD to NSC in Nov 07
No LUD for an year.
more...
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Caliber
03-12 11:05 AM
It is very easy to contradict or find errors.
No body is getting paid here to have a tester test it. Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.
I support you reddymjm. It is easy to criticize. Every one should understand this. I was supporting paid forums from the begining. Nothing comes FREE in this world.
Many of my known people who are paid as much as me or even more do not even think of contributing any amount. But they keep questioning when do we get green cards.
We were habituated to criticize others as we were grown to spoon feed by our parents.
I support IV on this.
No body is getting paid here to have a tester test it. Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.
I support you reddymjm. It is easy to criticize. Every one should understand this. I was supporting paid forums from the begining. Nothing comes FREE in this world.
Many of my known people who are paid as much as me or even more do not even think of contributing any amount. But they keep questioning when do we get green cards.
We were habituated to criticize others as we were grown to spoon feed by our parents.
I support IV on this.
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krishnam70
08-14 03:34 PM
Since your PD is June 2003, you could have applied in June 2007 because in June Visa bulletin(released in May ) it moved till April 2004.
This is too good to be true.. How could you apply in June if you are Eb3 with PD Sept 2003? The PD was'nt current in June. Also, how did your 140 get approved in less than a month? Premium Processing was'nt there in July...
I have a PD of Sep 2003. I filed my labor in Nebraska in Sep 2003 and state labor got cleared in a week and federal took 2 weeks. I had my Labour on Oct 2nd. I filed for my 140 and recd approval in 3 months. I had to wait for my 485 filing as I wanted to file it with my spouse who was out of country at that time. Rest of the details are in my signature.
BTW, those who are stuck in BEC's my sympathies are with you, its just pure bad luck your cases got stuck in there. PERM or no PERM this whole GC thing is just matter of timing.
As for the original post I dont understand the reason for the ah's and ooh's here. The original poster please correct the mistake here, gcpadmavyuh is right, you could not have applied for 485 in June if you had PD of sep 2003. You could have applied for your 485 as early as March 2005 when the PD dates retrogressed.
please clarify.
cheers
This is too good to be true.. How could you apply in June if you are Eb3 with PD Sept 2003? The PD was'nt current in June. Also, how did your 140 get approved in less than a month? Premium Processing was'nt there in July...
I have a PD of Sep 2003. I filed my labor in Nebraska in Sep 2003 and state labor got cleared in a week and federal took 2 weeks. I had my Labour on Oct 2nd. I filed for my 140 and recd approval in 3 months. I had to wait for my 485 filing as I wanted to file it with my spouse who was out of country at that time. Rest of the details are in my signature.
BTW, those who are stuck in BEC's my sympathies are with you, its just pure bad luck your cases got stuck in there. PERM or no PERM this whole GC thing is just matter of timing.
As for the original post I dont understand the reason for the ah's and ooh's here. The original poster please correct the mistake here, gcpadmavyuh is right, you could not have applied for 485 in June if you had PD of sep 2003. You could have applied for your 485 as early as March 2005 when the PD dates retrogressed.
please clarify.
cheers
more...
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santb1975
05-27 12:00 PM
hmmm
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akgind
09-14 05:19 PM
This might be true in your case but not with every body else
That is exactly the point. How can you then argue that all PD porting is unethical, period?
That is exactly the point. How can you then argue that all PD porting is unethical, period?
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ronhira
07-06 02:27 AM
lahiribaba - you are my hero. this is the best idea yaar :D
good thought
but that's what i just said, you just repeated whatever i said. is that how you define change? my question to you - bawa is - WWBD - what would bawa do?
good thought
but that's what i just said, you just repeated whatever i said. is that how you define change? my question to you - bawa is - WWBD - what would bawa do?
coopheal
12-16 03:22 PM
Maybe you want to start a thread and collect all those who are stuck in 2001 and earlier dates in EB3 I and 2003 and earlier for EB2I on IV.
Lets see how many we get. They should also update the IV tracker with their dates. We can then use that data to ask help clear the backlog and petition to advance dates in a systematic order. This will work if you can get many people who are stuck despite their dates being current for several months/years. What do you think?
I'snt tracker broken (Sorting by PD ) for some time now.
Lets see how many we get. They should also update the IV tracker with their dates. We can then use that data to ask help clear the backlog and petition to advance dates in a systematic order. This will work if you can get many people who are stuck despite their dates being current for several months/years. What do you think?
I'snt tracker broken (Sorting by PD ) for some time now.
songlan
04-25 10:07 AM
Is it better if we ask for consults from Quinn Gillespie & Associates. I mean the strategy issues.
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