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  • NKR
    01-05 11:28 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?

    Yes, it is fair, this fairness has come after many centuries of oppression, in fact this fairness was long overdue.
    Now if we want to disagree with each other we can do it by sending private messages instead of indulging in mudslinging and degrading India even more.

    �I can tell you for a fact that Universities in America are much better than those in India. This is why I came here �.� Now whom are you trying to fool?.. You came here because with your IQ you could not get into top universities in India. �I went to an average university here which I could afford� .You are telling us that you could not afford education in India but you could here?...




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  • matreen
    10-17 01:58 AM
    Guys,

    I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,

    Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).

    Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)

    Is that going to cause any problem to my 485 process?

    Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?

    I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..

    Thanks,

    M



    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




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  • arkrish68
    03-04 03:08 PM
    There was LUD update on my i-485 on 02/05/2009 and 02/10/2009 with no change in the content of the message. Not sure what the update is for. Similarly there was LUD update on my wife's I-485 on 02/10/2009 and 02/11/2009 without any change in the content of the message.




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  • hopefullegalimmigrant
    01-09 02:33 PM
    The status of AP seems to be changing practically everyday. The message (document mailed) first appeared on Jan 7, Then changed to Jan 8 with same message and today I see a date change in my portfolio (last updated section). Not sure when the document will actually get mailed...



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  • manderson
    01-07 03:00 PM
    My wife is still waiting for the AP. The receipt notice gives August 6 as the receipt date. She called USCIS last Tuesday and was told that USCIS is running really slow and is taking 180 days to process APs. The lady she spoke to asked my wife to call back after "it is 180 days past her notice date". Her 180 days will complete on February 6. We have postponed out travel plans several times.


    is this NSC or TSC?




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  • gene77
    08-18 12:53 PM
    Please continue to post your comments on the letter - the sooner we can all agree upon the content, the sooner we can start sending these out.

    Also, is there a possibility of having a common meeting (all retrogressed EB3 candidates) with Congresswoman Zoe Lofgren expressing our situation - just a thought.



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  • JunRN
    11-02 03:06 PM
    Tough luck! H1B people are happy now.

    And so is the American Nurses Association which is a ANTI-IMMIGRANT group!




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  • saimrathi
    07-06 11:33 AM
    Agreed, that would be the biggest impact... But, not all of us would be able to get an opportunity elsewhere in the world.. For example, doctors, scientists... not many countries match US infrastructure..

    This is only my view...

    As the saying goes..."Justice delayed is Justice Denied"

    Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
    Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.

    bottom line - Do we really add value to the society here?
    convince the people and this will be the ONLY solution to our problems.



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  • gc28262
    05-06 01:54 PM
    Called all Tier1 Senators and left/passed on the message




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  • Libra
    09-29 12:04 PM
    only option is they can hire some people to process application on temp basis.

    and the last recapture was a bill that was passed in congress.
    efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?



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  • vareddy
    07-18 10:00 PM
    Joined in July and did one time contribution of $100 today with google checkout :) Google Order #975779329660977




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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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  • sandiboy
    07-19 02:18 PM
    The cutoff date in Oct/Nov bulletin will be somewhere in 2002 so that people with older PD can be cleared. Remember it is only during last few months of the Fiscal Year that USCIS starts widening the Window (Example: In June Bulletin they moved windows by 2 yrs suddently from 2001 to 2003. So i believe they are aware there are lot of people in 2001/2002 yet without approval). During initial months of FY they keep the cutoff date tight which should help older PD's get through.




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  • srhari
    07-14 01:27 PM
    here is my response thru my Bank Onlie pay

    Immigration Voice
    Immigration Voice
    $ 5.00 07/18/2008 7Y9YG-2BT90

    Please Help IV to help us

    Thanks
    Bestofall
    PD-EB2 Mar 2005 India
    AP-EAD received
    Do you know how to pay online from my bank account? I checked the contributions page, but it discusses about paying through Paypal (and for $100+).



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  • skv
    06-18 12:56 PM
    This is for PERM.

    "Message for people stuck at Atlanta PERM" is the headline for this forum.




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  • mayhemt
    06-24 08:47 PM
    Actually there are 2 sides to these questions.. (Of course I am also one of the EB3 aspirants.)

    1. What is America losing because of our prolonged wait for Green Cards?

    America would be losing on intellectual grounds. Most of the people waiting in the never-ending GC queue are ready to give up their spot, if they get good opportunities elsewhere, eg: UK, Canada, Australia, However it is not going to put a dent overall intellectual pool.

    America would be gaining in terms of revenue & employment creation:
    Filing fees, Attorney fees are the visible ones. The non-tangible ones being social security fund & medicare fund, Income tax, employer's insurance premiums. Most likely, the silent immigrant going back to his home country or another country is not going to ask for social security benefits/Medicare. Social Security in particular which is in desperate need of repairs greatly appreciates the immigrant going back.
    The wait creates lot of employment in terms of immigration personnel, attorneys, USCIS systems' maintenance. Consider this: A credit card processing bank does more checks on an individual/card while processing an authorization. What if the whole immigration system has been automated (instead of today's almost fully paper-based immigration processing)? Even with automated systems in place (eg PIMS), there are massive delays. But the complete reform would hit a huge employment soft spot. How much would it take to hook up a terminal in an overseas consulate, thru which the consulate officer can check the petition validity then & there itself, accessing it from a Centralized database? Heck they should learn it from Yahoo or Google, to access systems from anywhere in the world.


    2. How people who have green cards are contributing to the country as a whole ?
    By contributing to income tax. A person with green card is more likely to get more opportunities than a person on H1. H1 holder is constantly nagged with endless paperwork, dependencies, expiration dates. A green card holder can switch to different companies or start his/her own business, thereby earning for himself & paying more on income tax & possible his/her business tax.
    A permanent resident has already gone thru ton of checks/regulations eg: Criminal checks, medical tests. If the same tests were put thru for Americans, how many are really going to pass? Green card holders (or even H1 worker) stick to all rules, regulations, pay their bills without being a threat to American society.


    On the other hand, green card holders/H1s need not sign up for defense service selection (above the age of 24). Lost American jobs is whole different ball game.



    3. What if the whole green card process takes less than 3 years ?
    If it takes less than 3yrs, it will certainly make lot of IVians & happy, including me. But we are not in Utopian world.

    On the other hand, there will be huge influx of immigrant applications. Slowly immigration population would become large chunk in administrative areas, they may even reach Washington.



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  • Green.Tech
    06-11 08:36 PM
    a small contribution for now I will set up recurring soon. Can't thank you guys enough for being such a great support network. Not to be preachy, are we the same people who stood an united front against the Brits?





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  • surabhi
    09-09 01:03 PM
    I think real estate will be attractive in 2-3 years time if atleast 2 of the following happen


    Prices remain stagnant since all builders are factoring in the growth. A stagnant price means real loss of 12% every year ( inflation rate)

    Interest rates have to come down to 6 - 7% level in India to make it affordable

    Rupee has to depreciate further to make it attractive to transfer and invest


    In current situation its foolhardy if someone is investing their 2nd /3rd home/plot in India. People seem to have lost bearing on decent diversification, asset allocation.




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  • delhirocks
    06-01 04:19 PM
    So basically if this becomes law..Iam screwed..I am in my 30 day waiting period to file for my Labor in Jul-07 & want to get a 7th year extention in June-08. Am I reading it right?
    thx




    immi_twinges
    07-20 02:16 PM
    1. Threads concerned with the Action Items and Legislative matters should be separated from the usual GC related questionnaire

    If you look at the website you find a bunch of new threads related to 485 filing. Most of them bear answers in previous threads. People dont want to search..but that okay..they can form new threads if they are very desperate for the answers.

    But at the same time due to the flood of these messages we are missing important notices and action items like this one.If we separate them somehow it will be helpful.

    2. Lets have an organized tracking of 485s. Lets separate them by Visa category , country, PD or RD.
    ex: Eb3 country: India
    PD 2001: RD:...? LUD: ...?

    PD:2004:
    EB3 : China...
    ...
    ..
    Lets have an option of adding friends approx dates who are not immigration voice members. This way we can have rough estimate about what happening. Lets not make threads for each category.

    This way may be we have a very good track of the visas than USCIS...heheheh:D

    I guess most of the 1v members are s/w engineers...i am not...orelse i would have volunteered to do this...

    Anybody here ...who can spare some of their valuable time???
    Lets do more brainstorming




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