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  • rajeshalex
    09-10 09:40 AM
    This is really a bad news especially for those whose PD is between 2004-2005.Its like those who are waiting for a long time are being asked to wait more!!




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  • desi485
    11-20 04:47 PM
    Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)

    If this is confirmed news, i will revisit my blog and make changes

    If you really think then there is a 'conflict of interest' between an applicant and an attorney. If you looks at this way, attorneys do get paid for filling of H1B extensions. isn't it? I do not say that attorneys are bad and do this on purpose, but think about all possibilities. It really depends on individual. Thoughts? :(




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  • mbawa2574
    07-06 01:27 AM
    IV does not need a change in leadership. We have a very effective leadership that is working hard behind the scenes to bring about a positive change to the community. If we have not been noticing major changes, it's due to the passive (chaltha hai chalne do) nature of our community, who don't even lift a finger to swat a fly, until and unless they receive a RFE/NOID/Rejection letter from the USCIS.

    No change in leadership will bring about any change, unless the community changes it's mentality, raises above narcissism, and becomes actively involved in the movement. This requires a "person with the face", a person ready to expose himself as a leader of the movement to motivate others; subjecting himself/herself to death threats (and other threats) from anti-immigrant goons like ITGrunt and others. Our fearless Aman Kapoor has made that bold sacrifice for the ungrateful community which blames him for all our collective failures.

    So before proposing a change in leadership, I request Mr. Bawa to post his personal picture in the IV profile and/or publish a YouTube video of his ideas for the movement ( just like Aman's video on Immigration Voice). I can't vote for a faceless leader hiding behind anonymity. I need a real life person with real ideas. Do we have such New fearless leaders in our community?

    I can post my picture or I may have a video on youtube. I am not trying to blame Aman. I am pointing at the wrong stratergy and a sleeping core team. They were good in 07 but not anymore. Let's find the new leaders. U can take names or call me whatever but I want something done above and beyond the idealism.

    I have met Senators, I have visited Reps and met enough people on IV's directions, Nothing has changed as the directors were incompetent.




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  • aray
    08-14 08:37 PM
    I totally agree with you. I have read the original message several times too and I am sure they mean June 2008. Our only hope is if they meant Mexico only, and not al EB categories.



    I have read the Original quote several times and dont see how they mean June 2007, To me it is clear that they are talking about June 2008.

    Sorry to sound so negative, but I think we are looking at something like Sept 2001 for EB3-I in Oct bulletin.



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  • gc_check
    01-07 02:45 PM
    Finally, BOA approved your loan or not. I am in exact same situation as you & they have denied my refinance.
    No, I was not successful in getting loan approved from BOA last year when I was looking for re-fi. I was too busy with work and other issues and had less time to follow-up and trying to convince/educate them on EAD,etc.. and wasn't sure, If I could. Since mine was a re-fi and the current loan is already in a better rate, I did not take the effort to purse further.




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  • santb1975
    06-10 12:16 AM
    Reflects my thoughts

    �I am not judged by the number of times I fail, but by the number of times I succeed: and the number of times I succeed is in direct proportion to the number of times I fail and keep trying.�

    For those who believe in this, please contribute to the cause...



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  • JunRN
    05-15 09:34 PM
    Hi! I have some questions:

    1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?

    2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?

    Thanks.




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  • god_bless_you
    03-08 10:18 AM
    check here for live web cast
    http://judiciary.senate.gov/webcast/judiciary03082006-0930.ram

    link is not working!!



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  • makemygc
    07-06 02:49 PM
    We should learn something from USCIS.. If they have worked hard for 48 hours on last weekend, we should work more this weekend and do whatever we can to help core members.
    __________________________________________________ ______________
    definitely if the result on Monday is the reversal of USCIS decision and July is open again.




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  • rsayed
    09-10 10:38 AM
    I don't what how you define "most" but I am EB2 with US masters with PD 2006 and I am still waiting. Many of my friends with US masters are still waiting.

    Same here - Masters from US, with PD 2006....Stilllllllllllllllll waiting!!!!!

    I was reading an article handed over by my Lawyer sometime back - the whole GC process was designed to be completed in 6 mos. end-to-end.

    This goes to show how outdated the process is, plus the resource crunch they may be facing at USCIS.

    All in all - it's a black hole...only your 'karma' can get you out of it:)



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  • diptam
    10-08 02:58 PM
    mayitbesoon,
    Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.

    I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it

    Mr. XXXXXXXXXXXXXXX:

    Thank you for your inquiry.

    We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.

    Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.

    If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.

    Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:

    Via Regular Mail:
    Citizenship and Immigration Services Ombudsman Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Via Courier Service:
    Citizenship and Immigration Services Ombudsman Department of Homeland Security
    Attention: Case Problems
    245 Murray Lane
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.

    Thank you for again for your inquiry.

    Sincerely,
    CIS Ombudsman

    Diptam,
    Thanks for the updates.
    My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?




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  • abhishek101
    09-01 03:24 PM
    Landed in july 2000

    Changed employer in nov 2000

    Joined a fortune 10 company in aug 2001, they had a policy to wait for 1 year before any GC application.

    Started process in August 2002, Finally labor was filed in March 2003

    May 2004 Company bought another company and in merger my department was closed, Was laid off in October 2004, was lucky enough that a job I had interviewed internally came through. Started with them in October 2004 but with a 20% salary cut :(

    Finally labor was approved in 2005.Got 140 approved in Jan 2006.

    Dates became current in June 2007 but lawyer delayed the filing till July when all dates became unavailable. Due to political pressure dates became current and was able to file for 485.

    Got married in Nov 2008.

    Company bought another company in 2008 and the merger resulted in job loss again in April 2009.

    Was lucky enough again to find another job in the company.

    Within 1 month got another job offer in the company with a promotion. So after 2004 came back to original salary in 2009.

    Still in 2010 I am not making as much money as I made in 2000-2001 when I had just landed.

    Talked to my new manager in Dec 2009 to apply GC in EB2 since it is a VP position with 8 year experience requirement he said a big NOOOOOOOO.

    Finally boss agreed to start the new GC in EB2 in July 2010.

    Talked to lawyer and after evaluation they agreed that my new job is more than 50% different from my old jobs and hence I can use the experience.

    Started the process with the lawyer but since it is a big company all processe take forever to begin :(



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  • glus
    09-11 09:15 AM
    there is still time even for the rally
    if not going- plenty of time :-)

    guys they are shipping very quick
    all i did was to use "standard" instead of regular shipping
    cost me less than $2 more for 3 items
    here's my deal:

    ordered friday night
    shipped monday morning (first working day)
    in transit now and scheduled for delivery wednesday

    so you can still order and get it for the rally!!!!

    Hi,
    Just bought a NY t-shirt and selected fast delivery. See you all there.




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  • PD_Dec2002
    06-01 04:10 PM
    But this generally applies to people affected by retrogression. If one isn't affected by retrogression, applies for I-140 after 5/15/2007 and gets green card before 10/1/2008 (which is possible) then that person should be ok, is that right?

    My guess is that while processing the I-485, they will check the filing date for the I-140. If it was filed before May 15th 2007 and the PD is current, they will process it. If it was filed after May 15th 2007, then they won't process the I-485 since the I-140 is invalid.

    Thanks,
    Jayant



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  • setpit_gc
    07-24 05:19 PM
    My wife's DL expired in June 2007. We got her extension in April 2007 for next 3 years. FYI: It took only 40 days to get the approval. Applied in PP.

    We noticed the incorrect DOB in her approval notice. Attorney contacted CIS about this. We got a letter from CIS asking us to wait for 30 days to review her case. It is 90+ days since we reported CIS's typographical error. They took 40 days to approve the extension but they are taking more than 90 days to correct the DOB and issue a copy. Congrats CIS!.

    Because of CIS's typographical error, we are facing hell of problems. She couldn't renew her DL. We went to DL office. We were asked to file a complaint. That takes ANOTHER 10 to 12 months to get the feedback from DL office.

    I don't know what to do other than just WAIT!.




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  • 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



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  • marwan234
    08-10 02:10 PM
    Sing it: "No checks no receipt...whatcha gonna do...whatcha gonna do when they come for you (Border control)"....Hey!! I'm legal!!!:D

    5 weeks and nothing.....But i did get my H1/H4 8th yr receipts in a week.




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  • Green.Tech
    06-10 02:12 PM
    These visa bulletins, and EAD renewals, and H-1B extensions are not going to cut it for those who want GC's sooner than later. Please help IV to help you.

    1) Make those ever important phone calls, and
    2) Contribute financially

    Don't let this opportunity pass by. Don't let the same visa bulletin get you 3 years down the line. Only we can help push these reforms, no one else is out there to help us!




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  • reachag
    12-18 03:35 PM
    Clarification - i meant Senior Member based on seniority on this Site and not based on age :). This idea has been brain stormed many times in the past and ruled out by many as it is not in our best interests and also not workable. Members who have been visting this site for some time would know and hence the comment about Seniority :)

    Agreed, my thoughts on this are different from yours. Good..not every one thinks the same otherwise we would be short of ideas :)

    first, I don't know what you mean by "Senior Member like you coming up with this idea". Seniority on this site I think is determined by how long a member has been registered. Second, even if it means older members, what does age have to do with this idea?

    I have already said that most IV members (clearly you are one) are opposed to this.
    My thoughts happen to be different from yours, and I dont plan on changing my ideas anytime soon.

    Of course for this to work there has to be a signficant number of participants, otherwise actually nothing is going to work. And even with significant participation, there are no guarantees: look at how many people called Sen Sessions, but still made no difference.

    Last, dont you guys get vacation?? Who is talking abut losing money? If you are paid hourly then dont take part.
    and if you dont agree you dont need me to tell you dont be a part of this.

    But, as mentioned many, many, many times before, I am for this idea, or something that gets attention in a big way.




    newbee7
    07-06 06:55 AM
    Can you please change the headling in Digg to:

    Homeland security compromised in mad rush to process Green Cards




    pappu
    03-12 12:01 PM
    Information meant for public will always be shared on the forum. It maybe delayed a bit.

    However direct communication with Admins, Sharing of our strategy, developments etc will only be on donor forum. We do not anyways post it on open forums even now.

    This initiative is to provide some incentive to members who support IV financially. In a couple of days we are launching another service to IV members that will be a big help. It will always be free for everyone and you will appreciate it. We are working on it these days.

    There are some more ideas in the pipeline to even help all IV members. We just have 24 hours in a day, full time jobs and a life of our own. So we are trying to squeeze as much time possible to make this ideas be brought on IV quickly.



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