jayleno
10-17 03:20 PM
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS’ practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS’ practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
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bajrangbali
06-11 04:26 PM
I get a big laugh when I read some of the posts mocking each other...
I have expressed my view/gameplan and even mentioned those who like can take anything out of it...
all those who are asking for donation..would you be happy if I donate a 1000$...why not make IV a paysite :D
Anyone who wants to get in have to pay at the gate :D so much for free-forum
I dont want to list here all the charities and social stuff I do just because a bunch of morons demand donation...hahaha sounds like ganesh festival donation demand :D
just know that we all do stuff in our lives oneway or other to give back to society...
And the losers who could get 15% investment and mock other who got more...please grow up...world is much bigger than your box
anyways..since you asked me try a simple investment in wellsfargo around march,april with 100K and figure out how much you get...as they say your attitude is, if you cant do it dont let other do it or just live in denial :)
other guy who was asking for investment advise, I will PM you this evening..goodluck my friend..
I have expressed my view/gameplan and even mentioned those who like can take anything out of it...
all those who are asking for donation..would you be happy if I donate a 1000$...why not make IV a paysite :D
Anyone who wants to get in have to pay at the gate :D so much for free-forum
I dont want to list here all the charities and social stuff I do just because a bunch of morons demand donation...hahaha sounds like ganesh festival donation demand :D
just know that we all do stuff in our lives oneway or other to give back to society...
And the losers who could get 15% investment and mock other who got more...please grow up...world is much bigger than your box
anyways..since you asked me try a simple investment in wellsfargo around march,april with 100K and figure out how much you get...as they say your attitude is, if you cant do it dont let other do it or just live in denial :)
other guy who was asking for investment advise, I will PM you this evening..goodluck my friend..
unseenguy
02-09 06:17 PM
Yes, you are right! The Indian parent should have given their retirement a very high priority than their kids education. There are millions of middle class parents who didn't care about their retirement but worried and planned for their kids future by spending not only money but also precious time.
I am not sure, I think you are being sarcastic to my post. If someone's dad gets cancer, whats your advice? He should bring him to US to the best cancer hospital and spend life's saving on him? Personally I have been very fortunate. My parents took care of their retirements and financial affairs as well as my education. Very lucky indeed. Despite all this, I have told my parents that I would not be able to get treatment for them in US but would provide best possible one in India. Is this being ungrateful? No. Everyones life comes to an end.
I also said that if someones parents need financial support they should make it a very clear requirement at the time of arranging marriage. Like my maternal grandmother was bedridden due to medical condition for about 10-15 years. So when her son got married, it was a precondition that she will be part of the family and that the daughter in law will have to adjust and support her. One girl (my aunt ) accepted it, and lived happily with it as her duty. So it all depends. Different people different experiences.
I am not sure, I think you are being sarcastic to my post. If someone's dad gets cancer, whats your advice? He should bring him to US to the best cancer hospital and spend life's saving on him? Personally I have been very fortunate. My parents took care of their retirements and financial affairs as well as my education. Very lucky indeed. Despite all this, I have told my parents that I would not be able to get treatment for them in US but would provide best possible one in India. Is this being ungrateful? No. Everyones life comes to an end.
I also said that if someones parents need financial support they should make it a very clear requirement at the time of arranging marriage. Like my maternal grandmother was bedridden due to medical condition for about 10-15 years. So when her son got married, it was a precondition that she will be part of the family and that the daughter in law will have to adjust and support her. One girl (my aunt ) accepted it, and lived happily with it as her duty. So it all depends. Different people different experiences.
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conundrum
04-30 11:06 AM
does the new 180 days rule apply to these numbers if they are not counting the ones stuck in name check?
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deepimpact
08-23 09:29 AM
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
I aplogize if I hurt someone. But don't shoot the messenger, I was trying to enumerate the possible impacts of the memo. And looking at current changes to employment based immigration policies be it about H1B,L1 or EB it appears they are trying to clamp down on rather lose interpretation of minimum requirements for these visa categories which has led to overuse and abuse of them.for e.g H1B going to lottery on the very first day in 2008.
But it seems these specifications are about EB1 and EB2 with exceptional ability (not with advance degree category) where the requriements is just a list of 10 items without any emphasis on what is defined as a succesful crietria of meeting those items.
I guess you may have got pissed off with my third point , believe me I am not one here to create EB2-EB3 divide. Because no change in legislation is going to be for a particular EB category, it needs to be for the entire EB. Be it visa recapture, per country limit removal or dependants not being counted.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
I aplogize if I hurt someone. But don't shoot the messenger, I was trying to enumerate the possible impacts of the memo. And looking at current changes to employment based immigration policies be it about H1B,L1 or EB it appears they are trying to clamp down on rather lose interpretation of minimum requirements for these visa categories which has led to overuse and abuse of them.for e.g H1B going to lottery on the very first day in 2008.
But it seems these specifications are about EB1 and EB2 with exceptional ability (not with advance degree category) where the requriements is just a list of 10 items without any emphasis on what is defined as a succesful crietria of meeting those items.
I guess you may have got pissed off with my third point , believe me I am not one here to create EB2-EB3 divide. Because no change in legislation is going to be for a particular EB category, it needs to be for the entire EB. Be it visa recapture, per country limit removal or dependants not being counted.
mallu
10-01 01:54 PM
Instead of wasting visa numbers , they should allocate to those who cleared namecheck and all other processing. Agreed, this might allow a person who started PERM in 2007 to get gc in hand in 2007 itself compared to a person with PD 2001 EB2 , applied I-485 in 2003 and stuck in name check. But it is better than wasting the visa numbers.
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Green.Tech
06-18 08:35 PM
contributed $50 via paypal
Thanks, WeShallOvercome.
Glad to see GC holders contributing.
Folks - Do you need anymore inspiration?
Thanks, WeShallOvercome.
Glad to see GC holders contributing.
Folks - Do you need anymore inspiration?
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ragz4u
03-16 03:29 PM
WASHINGTON – The Senate Judiciary Committee today reached agreement on proposals for a new guest-worker program and a plan to allow the estimated 12 million illegal immigrants living in the United States to become permanent residents.
Less than 24 hours after most experts and Capitol Hill watchers believed the committee would be unable to get a bill to the Senate floor by Majority Leader Bill Frist's March 27 deadline, committee Chairman Arlen Specter had brokered deals between some key senators on the complex issue.
No formal votes were taken and committee staffs were preparing to spend the next 10 days drafting language that would put in place the compromises reached. It appeared that at least a dozen of the 18 members on the panel would be prepared to back this deal. The committee plans to meet first thing in the morning on March 27. It is not yet known whether Frist will allow the panel to finish and send its bill to the Senate floor or if he still plans to bring up a more limited, possibly enforcement-only measure.
But even if nothing scuttles the compromise between now and when lawmakers get back from recess, and if the Senate passes a bill with these elements, there would remain a steep battle to get agreement from the House. The House passed an enforcement-based measure in December that doesn't include a guest-worker program or a plan for undocumented immigrants in the United States now.
Early this afternoon, Frist announced his intention to introduce a bill before next week’s recess that would deal with enforcement of immigration laws but will not include any of the controversial guest-worker or illegal immigrant provisions. Officials in Frist’s office say he is doing this to ensure that there is a bill ready on the floor if the committee fails to pass one. If Specter does get a bill out of committee, said Frist press secretary Amy Call, that could be substituted for the majority leader’s measure.
The most likely scenario, said ardent supporters of immigration reform who were pleasantly stunned by today's events, is that this will end in a stalemate, only to be brought up again in the next Congress. But they say it's important that the Senate go on record as supporting comprehensive change.
For the first time, Specter, R-Pa., who said he spent hours on the phone last night with Sen. Edward Kennedy, D-Mass., agreed to Kennedy's plan to deal with the estimated 12 million illegal immigrants. Specter would have allowed these people to work indefinitely but not get green cards. Kennedy wanted to give them a path to legalization.
Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.
The deal reached on a new guest-worker plan says that 400,000 new guest workers would be allowed into the country each year. Under the proposal authored by Kennedy and Sen. John McCain, R-Ariz., that number would have been unlimited. But Kennedy, a senior member of the Judiciary Committee, agreed to a cap and also agreed that after working for two years, these new guest workers would have to go back to their home countries and reapply for another stint as guest workers, one that could last up to six years. But first they'd have to stay in their home countries for one year.
Built into this compromise, however, is a chance for these workers to get a waiver and not go home based on how long they have been employed here or if they are considered essential to a U.S. employer's business.
The plan also allows guest workers to apply for permanent U.S. residency, something not included in either Specter's bill or the other major proposal under consideration, the bill by Sens. John Cornyn, R-Texas and Jon Kyl, R-Ariz.
Kennedy essentially compromised with Cornyn, who chairs the immigration subcommittee. The deal takes parts of each of their proposals.
Not all members of the committee agreed with these compromises.
Kyl said he still believed the illegal immigrants would get preference over those waiting legally in line overseas because the undocumented would be able to stay in the U.S. and work until their turn at a green card came. Those waiting to come here legally don't have that option, he said.
And several committee members most opposed to a guest-worker program – most notably Sen. Jeff Sessions, R-Ala., were not at this morning's session.
Less than 24 hours after most experts and Capitol Hill watchers believed the committee would be unable to get a bill to the Senate floor by Majority Leader Bill Frist's March 27 deadline, committee Chairman Arlen Specter had brokered deals between some key senators on the complex issue.
No formal votes were taken and committee staffs were preparing to spend the next 10 days drafting language that would put in place the compromises reached. It appeared that at least a dozen of the 18 members on the panel would be prepared to back this deal. The committee plans to meet first thing in the morning on March 27. It is not yet known whether Frist will allow the panel to finish and send its bill to the Senate floor or if he still plans to bring up a more limited, possibly enforcement-only measure.
But even if nothing scuttles the compromise between now and when lawmakers get back from recess, and if the Senate passes a bill with these elements, there would remain a steep battle to get agreement from the House. The House passed an enforcement-based measure in December that doesn't include a guest-worker program or a plan for undocumented immigrants in the United States now.
Early this afternoon, Frist announced his intention to introduce a bill before next week’s recess that would deal with enforcement of immigration laws but will not include any of the controversial guest-worker or illegal immigrant provisions. Officials in Frist’s office say he is doing this to ensure that there is a bill ready on the floor if the committee fails to pass one. If Specter does get a bill out of committee, said Frist press secretary Amy Call, that could be substituted for the majority leader’s measure.
The most likely scenario, said ardent supporters of immigration reform who were pleasantly stunned by today's events, is that this will end in a stalemate, only to be brought up again in the next Congress. But they say it's important that the Senate go on record as supporting comprehensive change.
For the first time, Specter, R-Pa., who said he spent hours on the phone last night with Sen. Edward Kennedy, D-Mass., agreed to Kennedy's plan to deal with the estimated 12 million illegal immigrants. Specter would have allowed these people to work indefinitely but not get green cards. Kennedy wanted to give them a path to legalization.
Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.
The deal reached on a new guest-worker plan says that 400,000 new guest workers would be allowed into the country each year. Under the proposal authored by Kennedy and Sen. John McCain, R-Ariz., that number would have been unlimited. But Kennedy, a senior member of the Judiciary Committee, agreed to a cap and also agreed that after working for two years, these new guest workers would have to go back to their home countries and reapply for another stint as guest workers, one that could last up to six years. But first they'd have to stay in their home countries for one year.
Built into this compromise, however, is a chance for these workers to get a waiver and not go home based on how long they have been employed here or if they are considered essential to a U.S. employer's business.
The plan also allows guest workers to apply for permanent U.S. residency, something not included in either Specter's bill or the other major proposal under consideration, the bill by Sens. John Cornyn, R-Texas and Jon Kyl, R-Ariz.
Kennedy essentially compromised with Cornyn, who chairs the immigration subcommittee. The deal takes parts of each of their proposals.
Not all members of the committee agreed with these compromises.
Kyl said he still believed the illegal immigrants would get preference over those waiting legally in line overseas because the undocumented would be able to stay in the U.S. and work until their turn at a green card came. Those waiting to come here legally don't have that option, he said.
And several committee members most opposed to a guest-worker program – most notably Sen. Jeff Sessions, R-Ala., were not at this morning's session.
more...
pmamp
07-12 10:36 AM
Where did you get your DL renewed? Which state? :confused:
Hoosier land - Indiana.
Hoosier land - Indiana.
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pamposh
07-11 01:18 PM
I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
EB3- June 2003, India
Don't worry be happy... atleast for a day. Coz I don't think it is going to last for very long. It is an Aug 08 fiasco instead of July 07 and this time they are being a lil reserved and not making the dates all the way current. Ofcourse there would be some lucky draws who get their GCs, we will have to wait and watch coz thatz all we (most of us) can do at this point.
Guess what, they are all celebrating my Birthday and that is why.
Pamposh.
EB3- June 2003, India
Don't worry be happy... atleast for a day. Coz I don't think it is going to last for very long. It is an Aug 08 fiasco instead of July 07 and this time they are being a lil reserved and not making the dates all the way current. Ofcourse there would be some lucky draws who get their GCs, we will have to wait and watch coz thatz all we (most of us) can do at this point.
Guess what, they are all celebrating my Birthday and that is why.
Pamposh.
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nursekm
10-03 10:28 PM
USCIS UPDATE - THIS IS SCARY
SEEMS LIKE 40,000 SCHEDULE A PETITIONS FILED DURING JULY/AUGUST.
( SCHEDULE A ARE THE ONLY PEOPLE WHO CAN FILE CONCURRENTLY.)THIS MEANS THAT EVEN IF THERE IS RECAPTURE, NEW FILERS WILL TAKE FOREVER TO GET THEIR GREEN CARDS. IF THE RECAPTURE IS A SMALL NUMBER LIKE 50,000, ITS GONNA BE HARD TO GET GREEN CARD BEFORE HITTING ANOTHER RETRO... DAMN WE ARE DOOMED !
http://www.lewslaw.com/US_Immigratio....htm#10022007a
USCIS Updates [Top]
At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.
Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.
Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.
USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.
A Biometrics notice will be issued even if a visa number is not available at the time.
SEEMS LIKE 40,000 SCHEDULE A PETITIONS FILED DURING JULY/AUGUST.
( SCHEDULE A ARE THE ONLY PEOPLE WHO CAN FILE CONCURRENTLY.)THIS MEANS THAT EVEN IF THERE IS RECAPTURE, NEW FILERS WILL TAKE FOREVER TO GET THEIR GREEN CARDS. IF THE RECAPTURE IS A SMALL NUMBER LIKE 50,000, ITS GONNA BE HARD TO GET GREEN CARD BEFORE HITTING ANOTHER RETRO... DAMN WE ARE DOOMED !
http://www.lewslaw.com/US_Immigratio....htm#10022007a
USCIS Updates [Top]
At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.
Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.
Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.
USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.
A Biometrics notice will be issued even if a visa number is not available at the time.
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nave_kum
08-12 05:45 PM
Buddyinus,
I know you are bit overcharged on this forum. I have already warned you politely and gently against personal attacks.
You have not heeded my advise and that of pappu.
Its time for second warning and if you continue and persist on your idiotic talk, you will really face the consequences.
I have already complained about your behavior and you still continue with your narrow and dogmatic thinking.
You really don't know the difference between assertion and assumption.
Let us move on and concentrate on the bigger issue.
I hope you will cool down and get down to basics. I don't want you to be banned from this forum as we need members and especially contributing members.
Best regards
sri
Guys...
I just logged in thinking that by Monday, we July 2nd filers wud be getting receipts. But after flipping the pages back on this forum, I saw that the Monday was indeed the previous one. This is indeed misleading. After seeing the ongoing tussle between buddyinus and Srikondo, I realised Buddyinus is right. Whats wrong in whatever he's saying??? The purpose of this thread is to discuss about the so called Monday's receipts. But since that Monday is gone, looks like u r fighting over nothing. How dare u warn anybody on this thread. I am with Buddyinus on this. He may be a junior but u dont have any rights to warn him. Beware.
I know you are bit overcharged on this forum. I have already warned you politely and gently against personal attacks.
You have not heeded my advise and that of pappu.
Its time for second warning and if you continue and persist on your idiotic talk, you will really face the consequences.
I have already complained about your behavior and you still continue with your narrow and dogmatic thinking.
You really don't know the difference between assertion and assumption.
Let us move on and concentrate on the bigger issue.
I hope you will cool down and get down to basics. I don't want you to be banned from this forum as we need members and especially contributing members.
Best regards
sri
Guys...
I just logged in thinking that by Monday, we July 2nd filers wud be getting receipts. But after flipping the pages back on this forum, I saw that the Monday was indeed the previous one. This is indeed misleading. After seeing the ongoing tussle between buddyinus and Srikondo, I realised Buddyinus is right. Whats wrong in whatever he's saying??? The purpose of this thread is to discuss about the so called Monday's receipts. But since that Monday is gone, looks like u r fighting over nothing. How dare u warn anybody on this thread. I am with Buddyinus on this. He may be a junior but u dont have any rights to warn him. Beware.
more...
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buddyinus
08-11 01:27 PM
A freind of mine called. He did NOT hear such thing from NSC. He even refefrenced this discussion
Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.
Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.
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sunny1000
09-29 02:05 PM
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?
IV was founded right after the failure of a bill in the house in Dec 2005 that was intended to re-capture unused visa numbers (which passed in the Senate BTW, thanks to Sen Specter).
So, I guess my point is that it is not easy even to get the congress to recapture visa numbers....
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?
IV was founded right after the failure of a bill in the house in Dec 2005 that was intended to re-capture unused visa numbers (which passed in the Senate BTW, thanks to Sen Specter).
So, I guess my point is that it is not easy even to get the congress to recapture visa numbers....
more...
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Alien
04-25 12:35 PM
This would technically mean that anyone anywhere in the world now, who has ever been to the US on a H visa, can apply for a GC based on the first touchdown date.
Interesting!!!
Interesting!!!
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learning01
03-16 12:55 PM
[I posted this comment at another thread a few minutes ago. For a wider read I am also posting here]
Newt said Nothing is going to happen on this Specter or any other immigration bills in Senate. The conference with House will not agree to anything.
I also sincerely believe that Nothing is going to happen I say, these senators are doing CYAs; they will bitch it to media, their constituents, hey look, we did attempt these immigration reforms.
I am talking from my long experience and wisdom and take it from me. The only force that can improve the pitiable conditions of Indian and Chinese due to retrogression and lack of visa numbers is the big corporate employers . Each one whose LC is approved, whose I-140 is approved, who is waiting to file for adjustment of status AND who are indispensable to the employer / work at this stage should write to the HR/ Immigration/ Attorney.
I am in such a position. I am a technical lead in my IT department. PD Nov 2001. I write about these issues and the difficulties once in a month my team manager, or project manager or Immigration department.
Newt said Nothing is going to happen on this Specter or any other immigration bills in Senate. The conference with House will not agree to anything.
I also sincerely believe that Nothing is going to happen I say, these senators are doing CYAs; they will bitch it to media, their constituents, hey look, we did attempt these immigration reforms.
I am talking from my long experience and wisdom and take it from me. The only force that can improve the pitiable conditions of Indian and Chinese due to retrogression and lack of visa numbers is the big corporate employers . Each one whose LC is approved, whose I-140 is approved, who is waiting to file for adjustment of status AND who are indispensable to the employer / work at this stage should write to the HR/ Immigration/ Attorney.
I am in such a position. I am a technical lead in my IT department. PD Nov 2001. I write about these issues and the difficulties once in a month my team manager, or project manager or Immigration department.
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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vedicman
05-12 09:34 AM
Called all the offices this morning. Will post the feed backs later in the afternoon. It was encouraging with a few senators.
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bhatt
09-10 12:19 PM
One thing for sure USCIS do likes April fools day a lot as this the date they usually pick when the retrogress. This proves that a fool named DOS in love with April fools day.:)
USCIS and DOS love to pick APRIL FOOLS DAY as cut off date especially for India :) is it coincident or !:eek:
Are they telling that we have FOOLED you, immigrants again and again.
USCIS and DOS love to pick APRIL FOOLS DAY as cut off date especially for India :) is it coincident or !:eek:
Are they telling that we have FOOLED you, immigrants again and again.
StarSun
04-29 05:41 PM
You can find the list of all US Senators currently serving listed alphabetically along with phone numbers U.S. Senate: Senators Home (http://www.senate.gov/general/contact_information/senators_cfm.cfm)
class - Article I, section 3 of the Constitution requires the Senate to be divided into three classes for purposes of elections. Senators are elected to six-year terms, and every two years the members of one class�approximately one-third of the Senators�face election or reelection. Terms for Senators in Class I expire in 2013, Class II in 2015, and Class III in 2011.
Lets get this moving!!!
class - Article I, section 3 of the Constitution requires the Senate to be divided into three classes for purposes of elections. Senators are elected to six-year terms, and every two years the members of one class�approximately one-third of the Senators�face election or reelection. Terms for Senators in Class I expire in 2013, Class II in 2015, and Class III in 2011.
Lets get this moving!!!
pointlesswait
09-08 12:22 PM
why blame the RE developers..as long there are fools ready to throw away their money...they will always be ppl to gather it..
ppl who invest without proper R&D deserve to lose it....
On my recent visit to Bangalore, i got in touch with a real estate developer(who is also a far relative), here is what he told me. First thing any developer does is to put up a website with some pretty pictures of layout and details like floor plan, location etc. This is the first step in attracting NRI's, he told me when he talks to NRI's, the first question they ask is the URL of the project. No wonder, most of the RE developer in recent times have a website, some of the website are a joke with absolutely no details and the rosy pictures of moon, lakes, birds, parks etc :-))
80% of his customers are NRI's, 10% are local goonda's/politician and rest 10% are common people...I was surprised to hear that some NRI's have bought/booked plots just by looking at the website and remitting money from USA...what happened to old school days of personally visiting, checking paperwork,Vaastu, getting opinions of relatives/friends before buying anything...what is the hurry here is beyond me???
I feel, this whole RE market in INDIA is a scam where RE developers are playing a game and targetting NRI's who are easy a prey...
ppl who invest without proper R&D deserve to lose it....
On my recent visit to Bangalore, i got in touch with a real estate developer(who is also a far relative), here is what he told me. First thing any developer does is to put up a website with some pretty pictures of layout and details like floor plan, location etc. This is the first step in attracting NRI's, he told me when he talks to NRI's, the first question they ask is the URL of the project. No wonder, most of the RE developer in recent times have a website, some of the website are a joke with absolutely no details and the rosy pictures of moon, lakes, birds, parks etc :-))
80% of his customers are NRI's, 10% are local goonda's/politician and rest 10% are common people...I was surprised to hear that some NRI's have bought/booked plots just by looking at the website and remitting money from USA...what happened to old school days of personally visiting, checking paperwork,Vaastu, getting opinions of relatives/friends before buying anything...what is the hurry here is beyond me???
I feel, this whole RE market in INDIA is a scam where RE developers are playing a game and targetting NRI's who are easy a prey...
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