Monday, June 20, 2011

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  • GCInThisLife
    07-18 03:38 PM
    What does it say on your I485 receipt notice?
    For example.. my app was mailed on 5/31 and RD on receipt notice is 6/4 and Notice date is 6/6 and Online case status says received on 6/5. I assume 6/5 is when USCIS created an entry for my case and 6/6 (my checks were also cashed on 6/6) is when receipt notice is actually generated. Some one correct me if I am wrong.

    My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).

    The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
    "On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."

    Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!

    .




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  • ashutrip
    06-22 11:28 AM
    Visa Bulletin suggests that severe cut-off date retrogressions are likely to occur early in FY 2008, which starts on October 1, 2007.

    So we still have some time on our side.
    Hope will keep us alive!!




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  • gonecrazyonh4
    04-25 08:52 PM
    We stood in the backlog queue. 3 years. 4 years. Now, we are standing in the I-485 adjustment of status (to apply) queue.

    Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.

    I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method




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  • wanna_immigrate
    04-11 08:35 PM
    How long it takes to get 140 approved in premium?



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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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  • Imigrait
    06-11 05:27 PM
    It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
    And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.

    Wow..... That's an average of more than 100% return consistently. You should start your own hedge fund or maybe advice Warren Buffett.;)



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  • sheela
    07-11 09:39 AM
    Just wondering...
    How many people would benefit out of this big movement?
    What estimated # of applications is USCIS expecting through this movement?
    If the dates were current last year same time, how many ppl with PDs between 2004 and 2006 would have missed the bus last year? Dont think many wld have...
    Excuse my ignorance if there is a basic mistake in my assumption

    If uscis works more efficiently, several thousand EB2 i may benefit.

    Below is reproduced from uscis 7/07 explanation for last yr july fiasco. "60000 visa numbers available were made available" during the weekend of june/july 07.

    during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
    Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.




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  • darslee
    07-05 11:53 PM
    Guys...digg this one religously..
    For the first time one article connects our needs to what Americans are interested in; Homeland security.

    Dugg and sent her an email thanking her and suggesting a follow up article on practical consequencies of their "mix-up". Used my case of Aging out son as an example.



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  • mpadapa
    06-10 12:04 PM
    Yes there was an organization just like IV which was instrumental in getting the AC21 provision. I just don't recollect the name probably IV core folks can provide more details.
    Those time were different economy was booming and the anti-immigrants orgs esp against legal folks were non existent. Moreover EB folks had big uncertainty after 6yr clock on H1 expires. But now it is different, EB folks are busy tracking receipts and are happy with EAD and AP. SO who cares about rallying for a bill/amendment?

    Visa numbers have been recaptured in the past (year 2000, I think).

    Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?

    Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.

    Perhaps we can borrow some of their wisdom.




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  • HV000
    07-22 12:07 PM
    Enforce EXECUTIVE BRANCH AGENCY - USCIS to consume unused EB Numbers


    Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.

    Secondly, Change the following:
    1. Allow USCIS to use previous unused EB numbers since 2000.
    2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.



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  • mbawa2574
    07-06 01:56 PM
    Guys for sake of transparency and moving ahead with a change, we should hold elections for the core team. Lobbying efforts are not working at all.




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  • ny-nonrir
    05-10 04:58 PM
    Hi msp1976

    Why do you say 2001 folks would get NOF? Im a 2001 Aug but non-rir. Got my 45 DL in Dec 05 but nothing after that. My case was a SWA xfr. Does your analysis only apply to RIR?

    ny-nonrir

    I have analyzed the tracker from Rajiv Khanna's site. Here are some inputs.


    Cases transferred from federal offices :
    There is no set trend in processing of these cases. There are a substantial number of approvals.

    Cases transferred from SWA offices :
    There is clear trend here. The last 3/4 months PBEC has sent out approvals from mid 2002. There are a number of PD June 2002 approvals and some PD July, august, september '02. There is an effort to push mid 2002 cases in PBEC.
    The folks left over from 2001 may receive NOF or some query. I am not sure.
    If you are a SWA cases from 2001 you should be talking to someone...your lawyer...employer...



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  • tikka
    07-18 04:03 PM
    I just upgraded my monthly contribution too!


    thank you!




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  • sayantan76
    01-05 11:21 PM
    Ok then, why did you come to America to study at Duke? Why did you spend all this money? The reason our people invest crores of rupees in American education is that it is better.

    You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
    I dont think anyone is arguing that american schools are not good enough.......they certainly are - specially with the kind of tuition fees people pay to get into these schools. Besides - people coming here for education does not necessarily mean its better - lot of people come here for the international exposure - lot of good students from around the world do indeed congregate here for education - combination of good schools, openness, english as common language....all these have contributed to the historical greatness of america - does not make your motherland any worse!

    Look at quotas as a way to bring in factors other than just your score in a standardized examination.......in India that factor might be caste - here it might be affirmative action in favor of some sections of society and other subjective factors like essays, letters recommendation, the fact that you were a cheerleader in high school etc.....look, i am not saying quotas is a great system - but all i am saying is that there are shortcomings in selection systems in schools around the world not just India.



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  • pappu
    08-24 07:59 AM
    If there is abuse of the system, then people should go ahead and complain to USCIS WITH PROOF. Writing hearsay stories on the forum without proof will not help solve anything.




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  • gsc999
    07-20 02:44 PM
    Guys, don't be disappointed about the Cornyn amendment failing! Here's why:
    Therefore, even people like Clinton voted no, because if the Cornyn amendment had passed it would have denied them the visibility and publicity that a well-organized and publicized bill would generate. Clinton has spoken in our favor before, and I think that she voted nay now in order to later be part of a more visible (and politically-rewarding) solution for us.


    Jamie: IVers agree with latter part of your message that we need to make IV strong.

    Many IVers still wrongly believe that Hillary, Obama or Democrats are supportes of our cause. Let us get over this misconception as soon as possible to avoid any future disappointments. Also, please do let us know when Hilllary spoke in our support? I must have missed that. If you can't find that link, most probably its because it never happened. During the recent grand bargain bill her only proposed amendment was for family unification visas, if I remember correctly.

    Where is Robinder and his USINPAC now? Look at this link below:
    http://www.usinpac.com/

    Smiling pics of Hillary and other political figure and millions of dollars in campaign donation. Result, no vote on SKIL bill.



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  • irock
    07-18 02:26 PM
    Contributed $100. Will sign up for recurring.
    Also referred many of my friends to this site who are also contributed.

    Paypal Transaction ID: 8M951494VW646135K

    We all love IV.




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  • amdavad
    03-14 07:47 AM
    We received RI. Recruitment period is from 03/19 to 04/18. It seems thing are moving.

    MA/10-2003/TR




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  • lg72
    07-24 10:18 PM
    fairboy and friends,

    Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.

    Thanks for your help.




    ursosweet
    07-20 01:02 PM
    no. of h1b issued in last 4 years 65kX4= 260k
    even if you double that (which i m sure is not the case), still it come to 500k.
    so ure over estimating it.
    thanks




    smuggymba
    08-23 08:07 AM
    Has this been implemented or will be implemented soon?



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