WeShallOvercome
08-02 05:14 PM
Nebraska has issued only 2800 receipts for today...
How do you guys get this daily update.. going by this, it will take them 2 months just to clear first 2 days of july - even after assuming all receipts issued are for I-485 cases, which is far from truth!
How do you guys get this daily update.. going by this, it will take them 2 months just to clear first 2 days of july - even after assuming all receipts issued are for I-485 cases, which is far from truth!
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desi3933
08-04 03:28 PM
I would request everybody to send out the mails ASAP. This will certainly help....
----------------
Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...
-------------------------------------------------------
.................
................
................
Did you go over points raised by internet in this post
http://immigrationvoice.org/forum/showpost.php?p=271211&postcount=12
----------------
Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...
-------------------------------------------------------
.................
................
................
Did you go over points raised by internet in this post
http://immigrationvoice.org/forum/showpost.php?p=271211&postcount=12
starscream
05-02 09:36 AM
Received a direct deposit from IRS today of $1200. I am on H1B and my wife on H4 and both of us have SSNs. We had filed jointly.
Also another friend of mine received his refud for a family of 4 - he is on H1B, wife on H4, both have SSNs, one daughter US citizen (has SSN) and another daughter Indian citizen (no SSN). He got 600 + 600 + 300= $ 1500.
It all adds up...
Also another friend of mine received his refud for a family of 4 - he is on H1B, wife on H4, both have SSNs, one daughter US citizen (has SSN) and another daughter Indian citizen (no SSN). He got 600 + 600 + 300= $ 1500.
It all adds up...
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test101
07-05 03:45 PM
Cantwell office is responding. They are talked to me and actually taking care of personal cases and majority casses. Phone number: (202) 224-3441.
They transfered me to a voice mail that Olia black where she care of these issues.
Call people.
They transfered me to a voice mail that Olia black where she care of these issues.
Call people.
more...
geofu54
07-18 08:32 PM
Thank you for all the great work. I'm a new poster, but a long-time lurker/reader/supporter of this site. My spouse and I supported IV about the bulletin fiasco thing (we wrote letters to congresspersons and media... no way let the agencies set a precedent of getting away with murder about the legal immigration issue). We just now made donation for IV's next action.
My own case was approved early this year (and I do consider myself as a "lucky" one), but my spouse's case is still pending. Her security checks all got cleared within a month after we filed I-485, so we have no idea exactly what holds her. And now looks like we are engulfed by retrogression... legals' fight is far from over.
We will make another donation... and will spread the words to our July filer friends. keep up the great work guys!
My own case was approved early this year (and I do consider myself as a "lucky" one), but my spouse's case is still pending. Her security checks all got cleared within a month after we filed I-485, so we have no idea exactly what holds her. And now looks like we are engulfed by retrogression... legals' fight is far from over.
We will make another donation... and will spread the words to our July filer friends. keep up the great work guys!
ashutrip
06-21 01:41 PM
I agree with you 100%... no point in being paranoid about what can happen ... if it does we will find a way to deal with it
-M
I am just hoping we do not mis the July Bus :cool:
-M
I am just hoping we do not mis the July Bus :cool:
more...
guest1978
08-11 07:33 PM
sandy2575,
What category/country and what PD?
I am July 2nd filer, Got finger print notice from NSC with notice dated 8/7.
What category/country and what PD?
I am July 2nd filer, Got finger print notice from NSC with notice dated 8/7.
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DSJ
07-06 01:03 PM
He is trying to spin a news and get a answer of his comfort. Guyz never stop :)
Dude enough of your and your lawyer's crap. I just checked your last post. This is what you claim your lawyer said.
--------------------------------------------------------------------------------
I called my lawyer he said the are accepting applications which reached there before 12:15. does anybody have news like that or he just lying....
Dude enough of your and your lawyer's crap. I just checked your last post. This is what you claim your lawyer said.
--------------------------------------------------------------------------------
I called my lawyer he said the are accepting applications which reached there before 12:15. does anybody have news like that or he just lying....
more...
JunRN
10-22 11:31 PM
Something's going on in the Senate....recapture of unused visa is proposed as an amendment to labor and healthcare appopriations bill.....let's see what happens tomorrow...expect that it will be tackled tomorrow!
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pncool01
07-20 01:11 PM
I can see how it will affect many people's (including mine) spouses job prospects.
Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
"an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"
or does it say
"6 months after filing 485, the employee can switch"
thanks
Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
"an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"
or does it say
"6 months after filing 485, the employee can switch"
thanks
more...
pointlesswait
04-30 03:53 PM
for many its one and the same..delay in GC
i think nothing will ever happen for GC backlogs in near future..
allowing X-number of immigrants is based on a social vision of US!
Too many from one coutnry will dilute that notion of melting pot and make it too much of "sambar" or "wonton soup"....like londonisthan..americans are not so dumb as those brits!!1
The wait is deliberate and will be that way..like it or not!
these debaters are like laloo prasads of india..talk away to oblivion..
:cool:
lobbying is gorafied version of desi corruption : its only the packaging thats different!;-)
Yes, it appears people on this forum are still confused about backlogs due to unavailable visa numbers and backlog due to CIS having too many 485s to process.
They are 2 different things.
i think nothing will ever happen for GC backlogs in near future..
allowing X-number of immigrants is based on a social vision of US!
Too many from one coutnry will dilute that notion of melting pot and make it too much of "sambar" or "wonton soup"....like londonisthan..americans are not so dumb as those brits!!1
The wait is deliberate and will be that way..like it or not!
these debaters are like laloo prasads of india..talk away to oblivion..
:cool:
lobbying is gorafied version of desi corruption : its only the packaging thats different!;-)
Yes, it appears people on this forum are still confused about backlogs due to unavailable visa numbers and backlog due to CIS having too many 485s to process.
They are 2 different things.
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Raj12
01-22 05:35 PM
Labor certified in Jan 2007, RIR
EB2
PD: Sep 2004
EB2
PD: Sep 2004
more...
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Caliber
03-12 01:12 PM
Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support. I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.
Dear Vin,
Thanks for your inputs. What I am suggesting is that, every one of us should volunteer for our own good. If you can spend some time, I sugggest that, you send an email to IV core offering them your time so that you can share some of their work load.
Dear Vin,
Thanks for your inputs. What I am suggesting is that, every one of us should volunteer for our own good. If you can spend some time, I sugggest that, you send an email to IV core offering them your time so that you can share some of their work load.
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needhelp!
05-28 05:44 PM
Thanks for your contribution. Please join us also in calling the important list of representatives: http://immigrationvoice.org/forum/showthread.php?t=19339
Contributed $100 and ready to volunteer...
Receipt ID: 1265-7063-2043-8518
Contributed $100 and ready to volunteer...
Receipt ID: 1265-7063-2043-8518
more...
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Hassan11
07-20 02:52 PM
you might want to contact the indian community that donated to Hillary and inform them with her vote against immigrants. they need to write her a letter asking for answers. she has to know that legal immigrants have supports from their communities like this community that donated money ($2M is a lot of money and should have a word for it)
we have to write to senators ( Democrats especially) as a group and ask why they voted against legal immigrants. let show them that we are following what going on and we are aware of their actions against us.
let setup a web fax to send them as a group.
can someone write a letter to protest their votes against legal immigrants and then we can send it as a web fax.
Indian community gave 2 million dollars in fund raising to her this month and she forgets all that. Don't contribute a dime to narrow minded people like these. It is like a slap in the face for the community
we have to write to senators ( Democrats especially) as a group and ask why they voted against legal immigrants. let show them that we are following what going on and we are aware of their actions against us.
let setup a web fax to send them as a group.
can someone write a letter to protest their votes against legal immigrants and then we can send it as a web fax.
Indian community gave 2 million dollars in fund raising to her this month and she forgets all that. Don't contribute a dime to narrow minded people like these. It is like a slap in the face for the community
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gc_dedo
09-09 07:33 PM
I read so many posts regarding india facing something similar to sub prime mortgage.
US is a very stabilized in terms of homes.
Consider India's growing high earning population.
They will need home to live as cities expand and people will be there to still buy.
US is a very stabilized in terms of homes.
Consider India's growing high earning population.
They will need home to live as cities expand and people will be there to still buy.
more...
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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
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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coolmanasip
07-05 10:15 AM
good one.....I have also sent a letter to my state senators....will go to the congressman office
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sriteam
07-20 09:40 AM
This is unbelievable . Most Dems are against this???
susie
07-07 01:33 AM
Maybe you can share your situation so we can see if we can shed any light on your childs case
immi2006
05-04 10:26 AM
He would have brought DOL work culture to your work place, who knows you might have incurred loss :-)
Maybe it would be eating and sleeping... if they get bored with that they might approve 1 or 2 cases.
Maybe it would be eating and sleeping... if they get bored with that they might approve 1 or 2 cases.
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