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  • Green.Tech
    05-27 10:59 PM
    $100 today

    Thanks akp22.




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  • insbaby
    07-06 01:02 AM
    Any volunteers? Why don't I see a single volunteer! Seriously, can we have an election without candidates?!

    Not Volunteers but Leaders...

    Volunteer is a person who takes responsibility and does a single task. Here the question was raised to have new leaders who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening.




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  • ragz4u
    03-16 08:37 AM
    any update?

    I just spoke with a CapitolHearings rep and she said she is going to get the technical team in charge of this to look into it

    Hopefully it should start soon




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  • desi3933
    09-15 04:30 PM
    That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.

    Infact, it would be wrong to call this a lawsuit.

    We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.

    If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.

    The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.


    Best of luck for your efforts for injunction order. BTW, How many, in past, such injunction orders have been issued against USCIS? That too, with retroactive effect!! That should give an idea how feasible this is.

    Just because you believe in something is NOT same as proving that in a court of law with legal basis and damages caused. You have to show both things - legal basis as well as damages caused to you.

    Good Luck again.


    _____________________________________
    Proud Indian-American and Legal Immigrant



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  • needhelp!
    09-10 03:25 PM
    Based on the number of contributers, my guesstimate is that we are at close to $6000 right now...

    $24K more to go...

    Thank you Amma, caliguy, biomd, GCOP , natrajs !!




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  • arnab221
    06-21 01:54 PM
    I am just hoping we do not mis the July Bus :cool:

    Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..



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  • eager_immi
    07-22 12:51 PM
    i seriously doubt uscis will be slow in ead applications atleast not more than 6 mths. Reason:

    1. there will be 500,000 applicants that will become out of status and uscis will be in news again
    2. it helps them to get the $340 from you forever

    So they will hire contractors to issues this.




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  • gc_check
    07-21 07:27 AM
    Thanks all for the updates. Also the loan agent I am working seems to understand, the underwriter is the one causing issue. I-140 approval has already been submitted along with EAD copy and I-485 receipt, Still they need the visa copy, which is expired in my case.
    Will try talking to them again. I have sent an email to Bank of America customer service wiith details and hope fully they respond back.



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  • ragz4u
    03-15 08:47 AM
    Still the same. Does anyone know what time this is supposed to start?




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  • kab_ayega
    04-07 06:48 PM
    Absolutely, the idea of doing a rally is what;s the need of the hour.

    Illegels have showed up the way to make their voices heard at the center.

    have we forgotten , rallies are not new to us, that how Gandhi fought independence.

    We got to wake up come out of our comfort zones and small interests
    look at the magnitude of teh problem.

    If we dont stand up, they will do whatever they want to.

    backlog will go in parallel with retrogression.......

    calling senator , faxing ur views can help to convey ur message but we need
    to be agressive

    when they have a choice to discuss and decide on some matter
    it will be illegals not us as they are ones who have created nuisance.

    think what will happen to US economy if all of H1B holders stop working for a day, noone supporting their applications, data, security

    they outght to take action only if we stand up...


    i am in for any such kind of rallies,

    place does not matter, you dont have to do it at the center only

    as long as it can be conveyed through the media it will be heard.

    email if anyone of you is willing to take this up in sothern california



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  • rbhatia88
    07-28 10:44 PM
    Urgent- Please help I-485 issue


    I filed for I-485 for my son on 2nd July but did not receive the receipt so far. My son is turning 21 next month, my lawyer is guiding me to file for F-1 for my son to be on the safe side. Is filing for F-1 going to effect the I-485. What will happen if approved F-1 comes before receipt?

    Anyone can help me with this issue?




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  • webm
    08-14 03:57 PM
    EB3 guys - Just hang on ! Good news are on your way !

    What can we expect?? any source you got??

    ------------
    EB3-I



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  • singhsa3
    09-12 07:21 PM
    Let us agree on the format of letter first:

    ***************
    Suggested Message:
    Hon. Mr. ??,
    I would like to register my protest with you for not following an orderly method when approving I-485 applications. In the last two months, while the priority dates were current for several applicants from India in the EB2 category, the applications with later priority dates and later receipt dates got their I-485 approved by USICS. This has generated a great anxiety among those who have been waiting patiently in the line before them.
    I being one such affected person, is sending you this letter with a ???? as a symbol of my protest and hope that USCIS will deal fairly with all the applicants in the order of priority and receipt dates of their I-485 applications.
    Thanks
    Your Name




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  • Lacris
    07-23 05:38 PM
    Congratulation!!!!!!!

    Thats really great news.
    My husband pd is SEP 2004

    EB3 India

    Hope we will also get GC in next 2 years

    I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.

    One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D



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  • ItIsNotFunny
    10-21 11:06 AM
    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

    Guys,

    This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).

    We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.

    I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.

    One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!

    I sent my emails (actually twice ;)).




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  • Green.Tech
    06-07 12:30 PM
    Bump.



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  • senk1s
    01-04 12:39 PM
    I called in yesterday to the tollfree # - this was the bottomline after the long chat :(
    "your case is 1 day beyond the normal processing time- we'll open a SR and send to the IO - please call back after 60 days to check back on the status of the service request"




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  • obviously
    09-14 05:33 PM
    Looks like some people will need to get their PhD awards 'overturned'!

    Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.

    e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.

    EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.

    There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.

    Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.

    There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?




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  • yoda
    09-11 11:20 PM
    Thanks for your thread on this Pappu, I was just about to create this thread.

    So here goes the first draft:

    >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

    Dear XXXX,

    Thousands of SKILLED LEGAL professionals, such as Scientists, Doctors, University Professors, Engineers, MBA's, Health Care Professionals and other professionals from all over the country who have contributed billions to the US ecomony are planning to participate in an unprecedented rally in the nation's capital on Tuesday, Sept. 18th to draw the attention of US lawmakers and American public towards excessive delays and backlogs in the Employment based Immigration system.

    A group of rally participants from [your state] is meeting with Senators XXX and XXX with the hope of taking their help in supporting legislative changes to the Employment based Immigration system.

    This peaceful rally is being organized by Immigration Voice (http://immigrationvoice.org), a grass-roots advocacy group of high-skilled legal immigrants.

    For more information, please visit the following links:

    //http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.html
    //http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.pdf
    //http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.doc
    Since this is an unprecedented event from a very quiet group who have always remained in the sidelines of the recent Immigration debates, please provide visibility to this event so the plight of these law abiding, tax paying, highly educated people is spread among a larger group of people that would help drive the required legislative changes.

    >>>>>>>>>>>>>>>>>>>>>>>>>>>>>

    State coordinators, please take up this responsibility and work with your team to get this done. I will be coordinating with the people in NH and MA. Lets fire off on all the cylinders now for the final big takeoff...




    sps1
    08-04 01:07 PM
    I have applied for labor certification in Dec 2006. In may 2007 I got a denail stating that the company is not "bonafide". It is a new company and I am the 1st applicant for labor. We sent all the supporting documents and requested for review/appleal in May 2007. Since then we did not get any status from them. My attorney called them last week and made an inquiry. DOL Atlanta said that they need to do the "central check" of teh company. They do this for every new company. Does anybody aware of this "central check". How long it will take?




    stldude
    07-06 12:46 PM
    I called USCIS just for fun and the rep. who answered seems to have the updated VB. He says one is linked to another and he doesn't know what this means.. He asked me to wait for 15 days and call them back..

    Something's Fishy here. >>>>>>>>>>>>>

    PD - May 2003 / EB3
    Missed the Boat by a day - Mailed on 6/28 and reached Uscis on 7/2.



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