Green.Tech
05-27 10:59 PM
$100 today
Thanks akp22.
Thanks akp22.
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pappu
06-10 01:02 PM
Just to summarize what's going to happen with VB in final Quarter.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
singhsa3
09-11 03:43 PM
Dear Freinds,
USCIS has proven again that they cannot calculate or count. Don't you think they should be presented with this calculator to help them calculate.
http://www.amazon.com/REALLY-CALCULATOR-AUTO-OFF-RUBBER-KEYPAD/dp/B000QOJYWA/ref=pd_bbs_1?ie=UTF8&s=office-products&qid=1221162014&sr=8-1
Note the above does not have an option to add a message so and alternative could be
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
Also DOS has a knack for turning back the clock, don't you think they are in need of this clock.
http://www.amazon.com/American-Science-Surplus-BACKWARDS-RUNNING/dp/B000KDYQFM
What is your opinion?
Note: This thread is to solicit you opinions on what steps could be taken by us as a community to bring more transparency and fairness in the USCIS system.
USCIS has proven again that they cannot calculate or count. Don't you think they should be presented with this calculator to help them calculate.
http://www.amazon.com/REALLY-CALCULATOR-AUTO-OFF-RUBBER-KEYPAD/dp/B000QOJYWA/ref=pd_bbs_1?ie=UTF8&s=office-products&qid=1221162014&sr=8-1
Note the above does not have an option to add a message so and alternative could be
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
Also DOS has a knack for turning back the clock, don't you think they are in need of this clock.
http://www.amazon.com/American-Science-Surplus-BACKWARDS-RUNNING/dp/B000KDYQFM
What is your opinion?
Note: This thread is to solicit you opinions on what steps could be taken by us as a community to bring more transparency and fairness in the USCIS system.
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piperwarrior
07-23 05:09 PM
EB-2, National Interest Waiver, Indian
I-140 and I-485 applied together
RD: 9/30/05 (VSC, transferred to NSC)
ND: 10/16/05
PD: 9/30/05
FP: Initially done in Dec 05, then did it again in May 07 (not sure why twice)
AD: 7/23/07
I got the e-mail today as well. My PD is Sep 2005 and my I-485 receipt date was Sep 30, 2005.
I-140 and I-485 applied together
RD: 9/30/05 (VSC, transferred to NSC)
ND: 10/16/05
PD: 9/30/05
FP: Initially done in Dec 05, then did it again in May 07 (not sure why twice)
AD: 7/23/07
I got the e-mail today as well. My PD is Sep 2005 and my I-485 receipt date was Sep 30, 2005.
more...
trueguy
02-26 12:01 PM
Forget about LIFO or FIFO, this year EB2 won't be getting enough visa's from spill-over. They would be giving majority of spill-over to EB3-ROW/I/C and EB2 would be getting very small fraction. And how's that is possible for that they would play around the law ( by making EB2 current).
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
paskal
07-06 01:05 PM
Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.
It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
~AMK
you are right.
therefore iv's stand on this has been very careful.
we are happy that uscis is showing great efficiency. the fact they screwed up with the original visa bulletin is a whole separate issue, the question is- why are we suffering for their mistake?
all iv memmbers are encouraged not to harp the security issue, it's not in our interest.
Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.
It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
~AMK
you are right.
therefore iv's stand on this has been very careful.
we are happy that uscis is showing great efficiency. the fact they screwed up with the original visa bulletin is a whole separate issue, the question is- why are we suffering for their mistake?
all iv memmbers are encouraged not to harp the security issue, it's not in our interest.
more...
nixstor
04-02 12:31 PM
respecting policies and law is one thing.
lack of a good implementation plan and improvement over a number of years is another thing.
We can't just poke around an established government agency because we feel they are not doing their job properly.
What do you (You refers to people who think above, not one in particular) say about the people who filed lawsuit and got the 180 day Name check rule to implementation faster? Not that I am proposing lawsuits, just an example to disprove what you said.
I am trying to figure out what you guys are trying to say. If you guys think that CIS will give you the GC on the day they will feel like and you are cool with it, Why even hopping around boards either for information or anything. Just follow the processing times and see whether number has been called or not. 99% of the crowd thinks here that we can get a better policy by making our voice heard. I dont see rational and logic between what you are saying and what you are doing, unless you are smartly drawing a wedge or trying to scare away people saying that you are not a citizen, you will get busted.
lack of a good implementation plan and improvement over a number of years is another thing.
We can't just poke around an established government agency because we feel they are not doing their job properly.
What do you (You refers to people who think above, not one in particular) say about the people who filed lawsuit and got the 180 day Name check rule to implementation faster? Not that I am proposing lawsuits, just an example to disprove what you said.
I am trying to figure out what you guys are trying to say. If you guys think that CIS will give you the GC on the day they will feel like and you are cool with it, Why even hopping around boards either for information or anything. Just follow the processing times and see whether number has been called or not. 99% of the crowd thinks here that we can get a better policy by making our voice heard. I dont see rational and logic between what you are saying and what you are doing, unless you are smartly drawing a wedge or trying to scare away people saying that you are not a citizen, you will get busted.
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vinabath
07-20 03:02 PM
Best thing would be to apply for EAD/AP about 6 months from now because bulk of the new workload will be concentrated in June, July and August filings and it might take 5-6 months for all of them to get EADs. same thing when time comes for renewals.
If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.
It''s like leaving at 5PM and spending 3 hours in traffic
OR
leaving at 8 and spending 30 minutes
makes sense?
It does not make any sense.Very bad analogy.
If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.
It''s like leaving at 5PM and spending 3 hours in traffic
OR
leaving at 8 and spending 30 minutes
makes sense?
It does not make any sense.Very bad analogy.
more...
micofrost
07-18 06:22 PM
Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.
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Raju
07-06 02:37 PM
More important is the last 48 hrs where they processed 25000 cases
AT-WILL.
Ohh this guy has a good first name - 485 granted.
Ohh this guy married twice,needs money - 485 granted.
Ooh this girl doesnt look good - 485 denied.
Ooh this girl has excellent looks - 485 granted.
Ooh This couple stayed EUROPE not so loyal - 485 denied.
and so on and so forth....
I doubt if anyone was denied. They have to approve anyone and everyone to meet the numbers.
AT-WILL.
Ohh this guy has a good first name - 485 granted.
Ohh this guy married twice,needs money - 485 granted.
Ooh this girl doesnt look good - 485 denied.
Ooh this girl has excellent looks - 485 granted.
Ooh This couple stayed EUROPE not so loyal - 485 denied.
and so on and so forth....
I doubt if anyone was denied. They have to approve anyone and everyone to meet the numbers.
more...
snathan
03-17 01:13 PM
BTW , I have been a monthly contributor for years and also contributed to other special occasions :) . Still patiently waiting for access to the donor forum.
Send mail to Admin....
Send mail to Admin....
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sri1309
08-17 08:18 AM
We need support from Core members in pushing EB3. We dont see much activitiy on this front..
more...
house hands of a hot-tempered,
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
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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wandmaker
07-11 12:18 PM
can they even withdraw 140 after more then a year now?
employer can withdraw the 140 any time before the approval of 485 - there is no time limit.
employer can withdraw the 140 any time before the approval of 485 - there is no time limit.
more...
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axp817
12-02 06:11 PM
I am guessing that your EAD was driven by the address which you provided while applying for it. CIS may not confirm what's on file, when there is already an address mentioned in application itself.
This could very well be true. My first biometric appointment notice was mailed to me when I was changing residence, and it probably went to the old address, I remember not receiving it and my old attorney's office sending me their copy of it. I had done the AR-15 update right around the same time, but I guess it didn't go through. Anyway, since I spoke directly with someone in Nebraska this time around, I am hoping they now have the right address on file.
This could very well be true. My first biometric appointment notice was mailed to me when I was changing residence, and it probably went to the old address, I remember not receiving it and my old attorney's office sending me their copy of it. I had done the AR-15 update right around the same time, but I guess it didn't go through. Anyway, since I spoke directly with someone in Nebraska this time around, I am hoping they now have the right address on file.
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gc_on_demand
04-30 03:00 PM
We dont need EAD And AP if they process 485 in 6 months or less
more...
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rockstart
06-25 02:32 PM
I have no problems working for millionaires and billionaires but because of government apathy most of the big corporations are scared of hiring people on H1B ( to be specific on their own h1b) When I went to school in Kentucky which is not very industrialized state we had Toyota, Lexmark as top companies in our area but both did not want to sponsor H1B. The only way you can work with them is by joining some small time consulting firm and working as contractor. Else these guys just outsource their development to TCS/ Wipro folks. So the billionaire business man gets hsi work done from offshore place and qualified people start to move to IT jobs and code in java or dotnet.
And then you lose your libido :). Agreed�. With the delay you lose the golden period in your career and end up at a lower level. Most of the self made millionaires rockstarted young when they had the drive and desire. I still say America gains more than what they lose by delaying GC process. If they hand out GCs faster then who will work for those millionaires and billionaires?.
And then you lose your libido :). Agreed�. With the delay you lose the golden period in your career and end up at a lower level. Most of the self made millionaires rockstarted young when they had the drive and desire. I still say America gains more than what they lose by delaying GC process. If they hand out GCs faster then who will work for those millionaires and billionaires?.
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Green.Tech
06-17 01:05 PM
Do I hear a contribution coming?
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desi3933
08-04 02:42 PM
I'm telling them my condition, and I know there are lot of people in the same boat. Again you need to talk to the lawyer about GC cost. Employee can bear all the GC related cost.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
db123
09-17 08:20 PM
vparam, thanks a lot for sharing the info.
can you please suggest accountant, if its ok with you, residing any place is fine as we deal most of it through ph, having tough time to find the right one just to aid in the start up and maintain min. proceedings like tax filing etc. without having any activity/revenue
can you please suggest accountant, if its ok with you, residing any place is fine as we deal most of it through ph, having tough time to find the right one just to aid in the start up and maintain min. proceedings like tax filing etc. without having any activity/revenue
chandsri81
04-25 08:52 AM
Hi
I just applied for a mortgage from BOA. The loan officer did not recognize what AOS was and asked me for an H1B - which has expired.
I explained about AOS and EAD and told her I could give the I-485 receipt, and she took in my application.
But I'm worried that my loan will be denied after underwriting - my closing is on 5/26 and I probably will not hear from the bank until second week of may.
Does anyone know of Banks in MA that give loans to EAD?
Chandana
I just applied for a mortgage from BOA. The loan officer did not recognize what AOS was and asked me for an H1B - which has expired.
I explained about AOS and EAD and told her I could give the I-485 receipt, and she took in my application.
But I'm worried that my loan will be denied after underwriting - my closing is on 5/26 and I probably will not hear from the bank until second week of may.
Does anyone know of Banks in MA that give loans to EAD?
Chandana
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