optimystic
09-10 05:00 PM
I still don't get it how USCIS works...:( Guess its high time somebody from USCIS writes a book or whitepaper on this subject. Or some post-grad can try writing a thesis on this to get their PhD! :rolleyes:
And if he is a immigrant student trying for GC, then he could include his own biography in his thesis :D
And if he is a immigrant student trying for GC, then he could include his own biography in his thesis :D
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gc_buddy
09-12 10:02 AM
The mere things that we are trying to use in the campaign do not cost more than $10.
Guys, Every penny is worth spending. Try looking back at the flower campaign that we did back in July 2007 and the magic it made..
Guys, Every penny is worth spending. Try looking back at the flower campaign that we did back in July 2007 and the magic it made..
santb1975
06-18 01:33 AM
??
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dvb123
09-15 07:54 AM
GCTEST check your private messages. The link is located on the top right hand corner.
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conundrum
03-12 12:05 PM
I am not sure whether it helps to have a donor's only club
IV should be open to anyone and everyone.
My question is what stops a donor from posting stuff in the Donors only forum in the open forum? Is IV going to ban them? What is IV planning on doing if it posted on another forum?
IMHO by creating a donors only forum IV is creating more divisions and problems than it can handle. There is already enough division in the legal immigrant community in IV and one more is definitely not going to help anyone. By all means designate someone as a donor but a seperate forum........
It is very easy to contradict or find errors.
No body is getting paid here to have a tester test it.
Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.
IV should be open to anyone and everyone.
My question is what stops a donor from posting stuff in the Donors only forum in the open forum? Is IV going to ban them? What is IV planning on doing if it posted on another forum?
IMHO by creating a donors only forum IV is creating more divisions and problems than it can handle. There is already enough division in the legal immigrant community in IV and one more is definitely not going to help anyone. By all means designate someone as a donor but a seperate forum........
It is very easy to contradict or find errors.
No body is getting paid here to have a tester test it.
Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.
snathan
08-23 10:47 PM
I have nothing to recommend to them as things are fine as they are. And there will be no recommendation coming from me to close any door at all, whether it be for EB2 or anyone else.
You can go ahead and recommend against EB3 BSc BCom losers, as it is your business
To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it
Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:
Read all the pages and let us know where you find the information “close the door”. All we are saying is to close the loophole. There are genuine people getting the Eb1C and no one is complaining about it. We are all bothered only when your so called multinational exploiting it.
You can go ahead and recommend against EB3 BSc BCom losers, as it is your business
To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it
Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:
Read all the pages and let us know where you find the information “close the door”. All we are saying is to close the loophole. There are genuine people getting the Eb1C and no one is complaining about it. We are all bothered only when your so called multinational exploiting it.
more...
ssk1127
08-23 06:16 PM
Also forgot to mention the article says "certain" - See highlighted below the title so I am sure Advacned degree wil lnot come under this based on the definition you find in the above articale
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
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pappu
06-10 11:28 AM
snhn
what is a DWI?thanks.
Drunk With ImmigrationVoice. :D
what is a DWI?thanks.
Drunk With ImmigrationVoice. :D
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ras
10-16 05:47 PM
Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
Issue/Background:
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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any 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
Issue/Background:
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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any 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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pappu
08-12 11:40 AM
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.
I wish the Democrats lose big time and lose their hold from Senate and house.
They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.
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JazzByTheBay
09-10 09:01 PM
Then there's no point in being a member of IV.
When we've come together in an organized fashion, things have happened - although not as frequently and not to the exact extent that we've wanted.
If you believe nothing will change - perhaps it's time to move on and stop logging on to IV forums and worrying yourself silly about this.
If inaction and giving up is part of your nature, there's little help outside of therapy - no offense meant.
If we can continue to organize and keep working towards the goals, perhaps some headway can be made. Those who spearheaded such efforts knew it wasn't a sprint to the finish.
Question is...how much pushing would be needed when v very well know that whatever noise v make is never to be heard ???
When we've come together in an organized fashion, things have happened - although not as frequently and not to the exact extent that we've wanted.
If you believe nothing will change - perhaps it's time to move on and stop logging on to IV forums and worrying yourself silly about this.
If inaction and giving up is part of your nature, there's little help outside of therapy - no offense meant.
If we can continue to organize and keep working towards the goals, perhaps some headway can be made. Those who spearheaded such efforts knew it wasn't a sprint to the finish.
Question is...how much pushing would be needed when v very well know that whatever noise v make is never to be heard ???
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rahulpaper
01-23 03:58 PM
What option did you choose for Infopass?
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singhsa3
07-20 12:26 PM
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
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paskal
07-11 11:49 AM
I dont get it for EB3 India. First they said once we get over the APR 01 hump we should be move quicker. Well guess what we DID get over that hump. Why the heck arent the dates moving at all for us?
this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.
this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.
more...
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snathan
05-15 10:35 AM
dear members,
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
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julsun
01-04 11:11 AM
Has anybody called the USCIS customer service number regarding AP ?
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
more...
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qualified_trash
05-31 01:51 PM
Fermat's Last Theorem will be proved before anyone can come up with an explanation for the functioning of the BECs.
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mbawa2574
07-06 02:25 AM
what is "something" you want to do?
wwbd? what would bawa do?
U need to change ur handle :-)
wwbd? what would bawa do?
U need to change ur handle :-)
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BharatPremi
11-09 02:12 PM
Thanks to the glorious service of the Atlanta center :mad: I missed the I-485 bus by 7 days( Labor cleared on Aug end ). Many people with later PD's got cleared from the Chicago PERM center . Now I just watch as all members get their EAD's and AP's while I wait with nothing but hope and watch legislation after legislation fail in the senate and house , and the letters flying all over the place .
I remember my past by reading your sad story. Though I had different cause for my tragedy. In Year 2000 November my then employer filed RIR labor and I got approval in January 12th 2001 and Same day HR filed my I-140. On January 22nd during companywide mass lay off I was slashed.. Again go through one more lay off in year 2002 with different employer and still waiting for GC(After filing 4th application in year 2003, Rotting in PBEC for almost 4 years)... Best Luck to you.
I remember my past by reading your sad story. Though I had different cause for my tragedy. In Year 2000 November my then employer filed RIR labor and I got approval in January 12th 2001 and Same day HR filed my I-140. On January 22nd during companywide mass lay off I was slashed.. Again go through one more lay off in year 2002 with different employer and still waiting for GC(After filing 4th application in year 2003, Rotting in PBEC for almost 4 years)... Best Luck to you.
mirage
04-02 12:07 PM
If only I had sent flowers to USCIS they would have been in trash, but you know where those 1000s of bouquets landed. I will certainly write them, on this forum everybody's is throwing ideas if an idea is good and like by others we get support and that's when a campaign start. Regarding predicting, wouldn't it be good for us to know if they received 20K EB2 application for India with PD 2003 and 40K application for EB3 in 2003 so instead of looking at Visa cutoff dates we can pack our bags....
Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.
Also, to stop predicting, I guess you just have to stop predicting.
Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.
Also, to stop predicting, I guess you just have to stop predicting.
leo2606
09-28 08:37 PM
But I think franklin posted earlier that she got her GC when the priority dates are not current. And shows about 5 EB3s from India got approvals during September whos PDs are on or after 2003.Do you think USCIS might have requested the visa number for their cases when their PD was current?
They can do "wild" approvals, however, they have to do it as per September visa bulletin. IF they dont have enough approvable 485s that are as per the Sept visa bulletin and if the approvable "ready to go" cases are past the priority dates of September bulletin, then they will be sitting unapproved as they CANT do any kind of "wild" approval.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
They can do "wild" approvals, however, they have to do it as per September visa bulletin. IF they dont have enough approvable 485s that are as per the Sept visa bulletin and if the approvable "ready to go" cases are past the priority dates of September bulletin, then they will be sitting unapproved as they CANT do any kind of "wild" approval.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
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