Monday, June 20, 2011

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  • perm
    07-20 04:05 PM
    top 20 states to MOVE IN in USA for legal immigrants

    Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
    Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
    Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
    Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
    Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
    Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
    Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
    Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
    Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
    Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
    New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
    North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
    Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
    Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
    South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
    Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
    Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
    Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
    Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
    Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea




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  • krishmunn
    08-12 12:15 PM
    and expoilted the employees to the maximum extent. In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.

    True. But why then does an employee want to join such company ? It is not that you are not aware of all these before you step to this country through Infy or TCS ?




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  • bijualex29
    07-05 12:11 PM
    I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.

    We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.




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  • needhelp!
    09-11 11:27 AM
    coopheal,

    Thank you for you generosity!



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  • kevinkris
    05-23 02:12 PM
    Everyone who reads this post at least just bump it..




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  • makemygc
    10-25 11:59 PM
    I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.

    Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.

    I would suggest OP to add the copy of yates memo and the follow up memo to the posting.

    Thanks
    MakeMyGC

    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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  • chanduv23
    11-25 04:09 PM
    A general question - Is it normal to see LUDs on the 485, approved 140, approved 765/131 a few (3) weeks after sending AC21/G28N documentation in?

    I changed employers about a month ago (140 approved, 485 pending more than 180 days), and the new company filed AC21 on Nov 3. I saw a soft LUD on my 765, 131, 485, 140 yesterday (Nov 24) and another soft LUD on just my 485 today (Nov 25). I wonder if these have to do with the AC21 and G-28N updates or if it is a sign of I-140 revocation and I should expect a 485 denial soon?

    Any response will be highly appreciated.

    Thanks,

    g 28 does produce soft LUds so it is normal. Now AC21 documentation - whether it reaches file or not we don't know.




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  • gclabor07
    05-22 12:15 PM
    I just sent a check of $100 via online bill payment to IV. I've also set up recurring contribution checks of $25 every month beginning June. I strongly believe in IV's cause and hope that many folks will come forward. This is the time to act to help ourselves, otherwise we'll be left behind. Keep up the good work.



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

    Changed employer in nov 2000

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

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

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

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

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

    Got married in Nov 2008.

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

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

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

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

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

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

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

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




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  • nursekm
    10-03 11:03 PM
    Thanks ! But it still unsure how long it will take ....

    Concurrent filing can be done by anyone with approved Labor Certification. Schedule A applicants already have pre-approved LC.

    This means, that not only Schedule A can file concurrently but also others as well.



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  • go_guy123
    07-06 01:35 AM
    Not Volunteer but Leaders...

    Volunteer is a person who takes responsibility and does a task. Here the question was raised to have new leaders who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening.

    Most leaders are actually volunteers in IV. They have a regular full time job.

    What you are saying: "who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening" :

    For this you need to hire full time lobbyist which costs a lot
    of money. IV budget is nowhere close to that the Hispanic lobby group:
    National council of La Raza whose budget is
    $40 million or $1.3 billion including its “affiliates” network.
    IV is a tiny organization in front of La Raza. Thats....a BILLION with which they hire full time lobbyist.

    I strongly suggest you listen to the audio interview to understand how big the hispanic
    lobby is and get some reality check of how things work in US politics.

    Raul Yzaguirre on Past and Future of La Raza : NPR (http://www.npr.org/templates/story/story.php?storyId=4229605)

    Even with such power also they cant pass CIR. But at least they ensure that no
    EB or illegal immigration reform will pass unless there is something for illegals.




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  • vjkypally
    07-20 01:48 PM
    And same with Chinese, Mexicans and Filipinos



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  • maverick_joe
    04-30 01:40 PM
    this would be interesting to hear to! thanks for sharing!

    TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS

    http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html

    http://judiciary.house.gov/oversight.aspx?ID=435




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  • niraj1207
    09-11 01:39 PM
    My contribution: Google Order #431974134732049 for $100



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  • thomachan72
    06-03 09:07 AM
    The whole thing is very confusing sir. Just like the bible, for which different groups come up with different interpretations, we are being confronted with many intrepretations for this bill. Lets look at what the IV has to provide in the bill summary they have posted. Most probably that is a version prepared by the "patton-boggs" law firm.




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  • GCwaitforever
    01-23 03:52 PM
    After a looo...ong wait, finally my labor petition is certified according to the web site.

    PD: May 2002
    EB2, Non-RIR
    Remanded as TR from RIR in 2003
    Made it to Regional in 2004
    Ended up in BEC in Feb 2005
    Certified as of today !!!



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  • skark
    03-05 08:09 AM
    On our 485's and my AP over the last 3 days...pd->aug 02




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  • WeShallOvercome
    07-20 05:29 PM
    And who says only Matthew Oh has all the right to create sensations ! :)

    If you are determined to make sensational calculations and postings then who can stop you, but seriously stop assuming things.

    1st assumption: 750000 applicants (realistic figure near 500,000)
    2nd assumption: all are adults (why would kids need EAD, and there would be several in that category)
    3. it takes only 5 mts could take more or less who knows,
    4. work hrs
    5. number of people.

    Stop being so negative and sensationalizing everything. There are more genuine problems to talk about.




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  • Jaime
    09-12 05:04 PM
    Bump




    InTheMoment
    07-18 02:07 PM
    Adjudication means the process of an adjudicator going thro' your file to see whether you are eligible for adjustment!

    Here pre-adjudication means irrespective whether the PD is current or not or availabilty of visa numbers the adjudication process continues.

    In other words even though visa numbers are "U" till October they would not simply warm their seats but do something !

    See http://www.imminfo.com/resources/cissop.html




    mhathi
    09-10 05:04 PM
    Just contributed $100 towards the rally! Me and my wife are grateful to IV for their leadership on this issue. GO IV GO!

    Mhathi.



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