Sunday, June 19, 2011

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  • needhelp!
    06-19 07:15 PM
    2 - year EAD was officially announced. How about a small thank you contribution?




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  • pdakwala
    03-16 10:24 AM
    Its says beeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeep

    I can hear beeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeep

    Nice way to begin a day.




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  • ItIsNotFunny
    03-04 06:27 PM
    Sorry for being ignorant. How can we determine LUD (last update date) and what is meant my soft LUD ?

    You can check status of your case on line:

    https://egov.uscis.gov/cris/jsps/index.jsp

    It will show you "Last Updated Date". Soft LUD means status of case is not changed but they updated LUD, virtually means they touched your file.




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  • ItIsNotFunny
    10-21 11:06 AM
    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

    Guys,

    This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).

    We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.

    I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.

    One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!

    I sent my emails (actually twice ;)).



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  • chanduv23
    11-20 04:36 PM
    H1B petition can be revoked automatically if a) employer notifies USCIS that the petition is withdrawn or b) employer goes out of business. See 8 CFR 214.2.(b)(11). So yes, EAD is much safer in this regard. Revoked H1B petition cannot be used for transfer/extension. It's nice to have H1B as a fallback, but it's not a safe heaven.
    Here is an interesting article regarding H1B and employer's obligation to notify the USCIS if employment ends.
    http://www.chincurtis.com/pdfs/ccid_1_033007-1.pdf

    Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)

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




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  • GC-Italy
    03-20 10:09 AM
    On page 10 of this thread you can see my other entry.

    I got my receipt numbers on March 14th.
    I immediately called customer service to figure out what my options are.
    They inoltrated a request to expedite and gave me a WTCxxxxxxxxx confirmation number (similar to what happened to watertown).
    I read the various forums and I cannot find any other example of this WTC confirmation numbers.
    Are there other people that requested to expedite AP through the phone and got a WTCxxx number?
    What is your experience with this method?
    Thank you in advance.



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  • mirage
    04-01 02:45 PM
    C�mon boy I�m not asking to make Steve miller their VP operation and use that million dollar in grants to fund that project. What I�m asking is �can you tell us how many applications you received of which chargeability and in which EB categories� and assurance that they will issue EADs and APs in less than 90 days. To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that� I'm not saying we don't have rights, but what you are asking are the internal workings of a government agency.

    You can't even vote. You can't even just change employers without hassle. You can't even just leave the country and come without proper documents. You can't even apply for a student loan. You can be deported any time you have a problem. You can't even renew your driver's license without showin proof of proper residency.

    Even with GC your rights are still not as good as a US citizen.

    Yes we do have rights.

    But the government is only answerable to a certain level. You cannot ask for information of the internal workings of a government. That's not going to happen.




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  • ragz4u
    03-16 01:41 PM
    http://immigrationvoice.org/forum/showpost.php?p=2927&postcount=12



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  • HV000
    09-28 11:50 PM
    Is it possible to send a letter to SEN.CORNYN AND REP.LOFGREN demanding USCIS to release BACKLOG NUMBERS upto date and NUMBER OF VISAS used up for 2007 year??




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  • JA1HIND
    04-01 08:07 PM
    Excuse me...What do u wanna ask the USCIS? U wanna put ur hand where it dozn't belong to? Good luck with that!!! I dont mind so many red dots. But I just wanna make my point. Just imagine one thing... U have a family. Someone from the outside doesn't like the way you are treating ur wife and asks u to divorce ur wife. How wud u feel? U r a NOBODY. Dont u get it? U just cant change a foreign land's system. Protest, conduct rallies...thats fine. But u have no rights to dig and delve into how USCIS is functioning. U R A NOBODY.

    Dard-E-Disco I have read some of your comments on this thread.. and feel sorry for your state of mind....until you feel better and get back to your normal senses here is the URL you may want to try and this will keep you busy for sometime.. http://edtech.kennesaw.edu/web/alphabet.html

    look at your comments that are just useless, second hand and hopeless imagination.....when you get a chance in your free time go and get your brain screws tightened, you may feel better ...good luck:D



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  • GCScrewed
    08-16 09:21 AM
    This just dawned on me. They are supposed to following the current law of per country limit first before distributing it. But how come all the EB3 countries are not available while they are distributing "extra" visas to overscribed countries? Countries like Iceland should always be current as they do not have a lot of EB immigrants. So you would excpect that at least some countries still have EB3 visas. However, it is not the case.

    The purpose is to demonstrate that they do not have a process to follow the law. They screwed up before and they are screwing up again now. There have been other facts about their mismanagement that can be used to make the case. Therefore, they should compensate people who have been here patiently waiting with good faith... one way is to speed up processing cases pending for more than 5 years.




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  • webm
    04-30 10:48 AM
    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

    Let's hope for the best decision!!

    ------------------
    EB3-I PD Oct,01,2001
    485 RD-June,2007 (TSC)



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  • Milind123
    09-12 05:35 PM
    Thanks IV...way to go.

    Just made a modest contribution of $200.

    Order Details - Sep 12, 2007 11:28 AM PDT
    Google Order #313190031134013

    Not at all modest, I would say it is really nice contribution. Thanks




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  • Direct_Action_99
    01-03 10:14 AM
    Dear Friends!

    (By mistake I posted this in another thread. I think this is the right one)

    Good Morning and Happy New Year! Wish you all success, good health, peace of mind and great prosperity!!!

    Though I visit the forum quite often, I do not particiapte in a big way. I just read to understand the view points of others. After a lot of hesitation I took time to draft this note!

    I am not sure how far my views would find acceptance, but I would like to share some of my thoughts!

    1. Although I would sincerely like to give credit to the IV forum for all what they have done (and doing), I personally feel that that the days of prayer and petition are gone!

    2. To achieve something concrete and tangible, atleast a minimum of 100,000 (Desis + Chinese / Filippinos if possible) should rally in Washington DC to press our case.
    This alone will generate enough publicity. We can show our strength and if there is a consensus, opt for a hunger strike.History has always shown that "direct action" alone has yielded results.

    3. Unlike European countries where the laws of immigration and naturalization are simple, here it is very convoluted and confusing. All laws in the USA ONLY favour the employers and the law firms. Due to this, several of us have been harassed by our employers.


    4. Instead of harping on the existing archiac and immigrant unfriendly rules, we could propose something like this:

    a. Provide Green Cards for all legal immigrants who have completed 8 years of continuous stay, as on say, June 1, 2010. Continuity would mean not leaving the USA for a period of 90 days at a stretch. (I have completed more than 9 years personally, but I am suggesting a time line of 8 years because H1 is valid for 6 years and L1 is for 7 years. It will certianly not acceptable for the US Government to provide GC to every H1 / L1 holder. Any period below 8 years may meet with very stiff opposition)

    b. The legal immigrants with 8 + years should have a criminal free record (barring minor traffic offenses) and should have filed their tax returns

    c. Citizenship status should be provided to all legal immigrants with 10+ years

    Note 1 : Rules in the UK/ Europe are :

    Permanent residency after 5 years of legal stay
    Citizenship after 10 years of legal stay or 15 yearls of illegal stay

    5.We are always getting drawn into the trap and quagmire of the existing regulations and the INS / US goverment / Law firms / Employers are enjoying the fun

    Note 2: I have stated everything based on my stay in different countries and keeping in mind the interests of the immigrant community very sincerely. It is upto IV to publish this or discard this. I will also NOT respond to any comments / cristicisms. I am just requesting the readers to kindly intrsopect!

    Best wishes!



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  • sunny1000
    07-23 06:53 PM
    we are EB3 India---

    Congrats! What are you doing in this forum arguing over dates?? Go out and enjoy your Permanent Residency with Champagne!!!:D :D :D Good luck:)




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  • wandmaker
    06-04 09:22 AM
    I got my GC couple of weeks ago and IV has been like a true supportive friend throughout my long wait for this day.

    As a way to 'celebrate' my GC, made a Contribution of $500.00 via PayPal.

    "This email confirms that you have paid Immigration Voice (donations@immigrationvoice.org) $500.00 USD using PayPal."

    Zappy, thank you for your generosity and support for IV.

    Wakeup Folks



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  • snathan
    02-13 08:39 PM
    get lost. If you contributed, thats enough. Just do your job and others will do theirs.

    This is the message I have got from this guy....

    I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.

    Just another junk in IV




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  • Winner
    06-11 01:24 PM
    If you do not mind, have you donated to IV?

    Why are you ending the conversation? :)

    Hope he/she donates.




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  • gk_2000
    08-24 01:35 AM
    GK, All I can say about your disconnected arguments are one thing. Myself and Nathan are talking about fairness about the system and on how corporates exploit the loophole thereby exploiting the hardworking individuals like you and me. We never here scolded and ranted about the program and as a matter of fact we are having issues with the so called "LoopHole" But your arguments are going in a completely different direction. You can re-read all of our posts again and see where we mentioned anything about ranting against the program.

    If you really want, you can make sense of the "disconnected" arguments, as they all address various points of your counter-arguments.

    And again, we are unable to get enough members to fight for visa recapture or i-485 filing and you want to go about closing loopholes?


    And BTW FYI, I never worked for TCS.


    There was no way for me to know, but my "guess" is close enough, dont you think?


    And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.


    To remind you, this platform is for what purpose? This argument is tangential, as is the loophole one. We want to focus on what? I will let the below argument pass, after saying this much. But yes, I do emphasize with you on what happened. But I also have my share of tragedies



    All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .

    Let me explain you how this works.....Exactly as to how it happened in my case.

    First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.

    Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.

    While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
    You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.

    After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
    This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.

    Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.

    And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...



    BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.



    So can you force everyone to take higher pay? It's a matter between private persons, isn't it? I guess it is a bigger deal for small guys, as the labor market comes into play. No sense applying it to executives


    And coming to a conclusion about someone who you do not know about is uncalled for...




    jetflyer
    12-15 11:13 AM
    What a nobel idea. IV has thousands of members and we all are with you. What we don't seems to have is LEADER. Yes, we are lacking leaders like you, If you start I am sure all IV members will follow you. Just drop us a line when you are ready to start. We all are counting on you.

    J.F.

    Dear Friends,

    What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.

    please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.

    MC




    chanduv23
    11-20 08:54 PM
    I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.

    Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer



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