wandmaker
05-22 07:40 AM
Come forward and contribute for your own cause.
santb1975: Change the thread title to read as FUNDING DRIVE: Let us step up IV(I+We)'ans
santb1975: Change the thread title to read as FUNDING DRIVE: Let us step up IV(I+We)'ans
wallpaper Cute Stupid Pet Videos!
Libra
09-15 08:34 PM
Today whole day i was busy bcoz of ganesh chathurthi......hope fund threads are doing good and thank you dvrao4 for the contributions. please attend rally we need people like you. thanks.
chanduv23
05-20 01:21 PM
Thanks a lot for all the members who have shared their knowledge and insight into this issue.
Also, my special thanks to chanduv23 with whom I have been in touch through out the process with congressional office.
ind_game is now fully charged up to do something about these issues and has expressed his support to help fixing this issue.
Also, my special thanks to chanduv23 with whom I have been in touch through out the process with congressional office.
ind_game is now fully charged up to do something about these issues and has expressed his support to help fixing this issue.
2011 Funny pet videos on crazy
reddog
09-15 10:45 AM
This is the Indian mentality at work. My EB3 bro whose employer(company policy) did not allow him to file under EB2 even though he had over 7 years of experience and was making 70 bucks an hour when he filed, is not better than his EB2 bro just cos he is EB3.
That is it. Nail on the head. No, thats not all, look at the support, and these are Indian folks. I live in a small city with 150 Indian families (most of them doctors and other occupations) who have migrated to the US atleast 25 years back.
These people are just happy that we are here, that they now have a 150 family Indian community that they can call their own.
And here we are, all the skilled Eb2 guys, who are superior to the EB3 guys not wanting their EB3 non-immigrant men to ever get their Green Cards.
It is funny that rather than trying to correct the system, fight the inefficiences and amend the laws, someone is tryin to channelize their energies to fight against their own group. And more surprising is that there are a lot of supporters.
IV, your days are numbered.
That is it. Nail on the head. No, thats not all, look at the support, and these are Indian folks. I live in a small city with 150 Indian families (most of them doctors and other occupations) who have migrated to the US atleast 25 years back.
These people are just happy that we are here, that they now have a 150 family Indian community that they can call their own.
And here we are, all the skilled Eb2 guys, who are superior to the EB3 guys not wanting their EB3 non-immigrant men to ever get their Green Cards.
It is funny that rather than trying to correct the system, fight the inefficiences and amend the laws, someone is tryin to channelize their energies to fight against their own group. And more surprising is that there are a lot of supporters.
IV, your days are numbered.
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checklaw
07-05 04:05 PM
Curious.
Sachin_Stock
08-23 06:58 PM
Well explained.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
Thats why I asked earlier whether this memo has anything radically different then what already exists? Nope.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
Thats why I asked earlier whether this memo has anything radically different then what already exists? Nope.
more...
red200
12-11 03:37 PM
Hi Pappu and IV seniors,
I will contribute to IV generously(monetory and otherwise) if you help us with the prefiling of EAD for approved 140's, atleast USCIS will get money from us every year and it helps us too ...................
Yes if this is one of IV's agenda . I will contribute as generously as possible
I will contribute to IV generously(monetory and otherwise) if you help us with the prefiling of EAD for approved 140's, atleast USCIS will get money from us every year and it helps us too ...................
Yes if this is one of IV's agenda . I will contribute as generously as possible
2010 Pet Hunt from Funny Or Die,
bpratap
07-21 12:53 AM
They may not consider EAD, but if you submit a copy of I-140 they will consider that.
I also had to go thru a cycle of process, but finally they approved on on submitting a copy of I-140 Approval letter
I also had to go thru a cycle of process, but finally they approved on on submitting a copy of I-140 Approval letter
more...
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 ;)).
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 ;)).
hair Categories: Funny Videos
niva
09-10 03:10 PM
My second $100 contribution towards the cause. IV! Keep up the great work.
Google Order #876958642840461
Google Order #876958642840461
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mpadapa
08-13 05:18 PM
This the time to unite rather than giving up.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
Getting HR 5882 / S 3414 (recapture bills) through congress is the only hope for EB3's.
Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.
Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
Getting HR 5882 / S 3414 (recapture bills) through congress is the only hope for EB3's.
Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.
Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.
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watertown
03-04 10:31 AM
Guys,
My AP received date if Oct 31, 2007 and I called NSC 10 days back and requested expedited processing due to my dad's illness (Lung cancer). The lady IO was nice and she initiated the process and while on the phone she was typing the required info on their system. Finally she gave me a WTC number and told me to go to local DO if I didn't get the AP within 10 days!
I was so happy!! Following the phone I saw soft LUD on my AP case for 3 days and then stopped. Nothing happened!! I've made an Infopass appointment for local Boston office USCIS and will see what happens!!!!
Anybody got a WTC number?
My AP received date if Oct 31, 2007 and I called NSC 10 days back and requested expedited processing due to my dad's illness (Lung cancer). The lady IO was nice and she initiated the process and while on the phone she was typing the required info on their system. Finally she gave me a WTC number and told me to go to local DO if I didn't get the AP within 10 days!
I was so happy!! Following the phone I saw soft LUD on my AP case for 3 days and then stopped. Nothing happened!! I've made an Infopass appointment for local Boston office USCIS and will see what happens!!!!
Anybody got a WTC number?
more...
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amsgc
06-26 12:55 AM
In this debate, it is important to consider what "America" really means:
It is not just tech. companies or the USCIS - it is every big, small and mid-size enterprise, school, hospital, university, firestation, state/federal govt etc. It is the local community in which we live, the neighbors we interact with, the folks at the check out counters, our children's daycare, and ofcourse it is our fellow American co-workers, supervisors and friends.
In the final cost & benefit analysis, I am just curious to understand how America stands to gain by preventing the free movement of high skilled labor and intellect across the country. How does it benefit by preventing individuals from getting a higher education or a promotion. It is already too late for most of us to give up at this stage of the process, so most of us will wait it out, and eventually get the green card. If it is going to be 5 yrs. from now, then why not now?
Perhaps the questions should be:
"What is America gaining by keeping high skilled individuals in this state of perpetual limbo"?
And
"What is the cost to America of giving out a Green Card to a high skilled immigrant whose petition to immigrate has been approved by the US govt.?"
It is not just tech. companies or the USCIS - it is every big, small and mid-size enterprise, school, hospital, university, firestation, state/federal govt etc. It is the local community in which we live, the neighbors we interact with, the folks at the check out counters, our children's daycare, and ofcourse it is our fellow American co-workers, supervisors and friends.
In the final cost & benefit analysis, I am just curious to understand how America stands to gain by preventing the free movement of high skilled labor and intellect across the country. How does it benefit by preventing individuals from getting a higher education or a promotion. It is already too late for most of us to give up at this stage of the process, so most of us will wait it out, and eventually get the green card. If it is going to be 5 yrs. from now, then why not now?
Perhaps the questions should be:
"What is America gaining by keeping high skilled individuals in this state of perpetual limbo"?
And
"What is the cost to America of giving out a Green Card to a high skilled immigrant whose petition to immigrate has been approved by the US govt.?"
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sapota
07-19 03:25 PM
Given that IV was majorly instrumental in reversing the July fiasco, the least I could do was contribute money.
I am also planning to contribute time by volunteering for Texas state chapter activities.
The turn of events in past month clearly highlights what concentrated lobbying can achieve. We need to keep up the pressure.
I am also planning to contribute time by volunteering for Texas state chapter activities.
The turn of events in past month clearly highlights what concentrated lobbying can achieve. We need to keep up the pressure.
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santb1975
06-06 03:47 PM
We need to do this
dresses Funny Pet Videos
h1xfer485
08-13 05:08 PM
The Mexico F2A and Employment Third preference cut-off dates" are �unavailable� for both August and September..blah blah..
MAY BE it talks specifically about "Mexico EB3". otherwise it would have been: "Mexico F2A and all EB3"...
MAY BE it talks specifically about "Mexico EB3". otherwise it would have been: "Mexico F2A and all EB3"...
more...
makeup Funny Pet Videos Archives
little_willy
09-10 11:25 AM
:mad:why did i get a red dot for this post? now i cant access the chat...sucks
Just gave you green... chat away...
Just gave you green... chat away...
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sj2273
08-18 09:52 AM
done!
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kuhelica2000
09-15 05:13 PM
I wasn't planning on porting my PD until I read this nonsense "Injunction" threat. I will now port my PD; GCTest - go and file your injunction. If you don't have enough balls to do that I can lend you one.
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
engineer
10-01 04:14 PM
I am curious..
why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?
I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?
thanks,
why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?
I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?
thanks,
CADude
10-27 01:20 PM
I sent the email to ombudsman. Thanks for PM.
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