Thursday, June 9, 2011

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  • GTGC
    09-11 10:12 PM
    Contributed $100 -Google order #620356280075982.
    Volunteering for the rally....and will be there on 18th!!

    This is history in the making guys we have to make its a huge success!!!Great job IV!!

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  • immique
    06-23 05:41 PM
    America is definitely losing out because of prolonged Green card processing. I know of many well educated PostGraduates, Physicians who were not able to pursue their careers in Research, fellowships because they have to be stuck in one fixed position without any progress to obtain the green card. they are being denied of the opportunity to find new cures, innovations that could potentially help the humanity. true US is getting the taxes from the main H1 applicant, but what about the well educated spouses and dependants. don't they have a role in contributing to the development of the country, they are made to pay higher tuition fees and they cannot work on dependent status. Only the lucky few who were able to fille for I-485 in 2007 got their EADs, but what about the long waiting for 485 filing and EAD since 2000 and before? Even today you if you are EB3 or EB2, you cannot apply for 485 and so your family cannot get EAD and so cannot work.

    Many software professional and other highly educated workers can contribute much more to the Economy like how they did in 1990s by becoming enterpreneurs, but they will not be able to do anything while on "temporary visas" as they are much more concerned about maintaining their status, extending their status every few years. many people are even hesitant to buy a house, agree a few of us have bought houses and other properties, but vast majority of us are still very hesitant to do it as we can never feel fully secure of our job. If you have the Greencard you will atleast be confident that you can find a job in the area where you buy the house.

    If you look at the procedures for Drivers licenses, even though the legal workers go through rigorous security checks while obtaining visas and changing/extending status with USCIS and almost all of them are verywell educated and very responsible, you have to go through a big hassle to obtain the Drivers licences and some people are being made to wait for months even after providing all the required documentation. In some states, dependents are not given Drivers Licenses and in other states, you legal workers/students get a "special drivers license" with which there is much scope for being discriminated just on the basis of this license, and if you move to a different state, this special license is not recognized and you have to apply for a fresh license, take written test, driving test and go through all the hassles again even though you have been driving in US legally for more than 10 years.

    these hard working young professionals are losing the most important phase of their lives waiting for the elusive greencard and by the time the get it they are much older and don't have the same zeal for new ideas like how they did before and end up taking care of other responsibilities including family. I can go on and on like this. after we have been through all these testing circumstances, please do not say that America has not lost anything, but the biggest losers of all are the legal immigrants.

    this is a process where there are no winners, but only losers. this lengthy backlogged process is resulting in a great loss to the advancement of US and would be legal immigrants

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  • svbp007
    06-11 03:40 PM
    Nitinboston is right. He is not saying that we do not deserve it. Just saying that we should not behave that we are entitled to it. The Govt did not promise that one will get green card in X years...and broke that promise. Yes, the system is flawed and all sorts of people get ahead in line..and some get stuck.

    However, this crazy rants critizing the country where we want to settle down is a bit hypocritical. If you hate so much...please leave...its a choice.

    Once again, I am not saying we do not fight for improvement..and better quotas..better visa allocation (and more of them). But let us not behave like bad guests.

    I am personally suffering big time despite being in the country for 10 years..and will support initiatives. But I will not behave like as if I have been wronged. If one feels so wronged..please pack up and leave. If you think you have been cheated of your social all means...please go to a country where you can earn more money and keep all that.

    Once all of us become citizens...we will then start wondering that our jobs are being taken away by new immigrants..and the cycle continues........

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  • GayatriS
    01-08 09:34 PM
    Ok then why dont we teach some respect and humility to professor ji to show some respect for his country men as well..

    what a harsh speech that was..seems like some personal anger against india and their colleges...

    The only harsh thing he said was that Indian education was awful. Everything else he said was extremely positive especially when he talked about the amazing progress India is making. I think he said that because he was saying that India is racing ahead and Indians are very successful entrepreneurs. (I am not sure).

    I clicked on the link section under the video and found the slides that go with this. I have no idea what this website is or what NGA is, but here is where you can download the slides --

    He has many interesting slides on immigration and seems to be fighting for our cause.

    So if you want to get nationalistic and get upset over silly things go ahead!!!

    I wish I could go to Duke University or Harvard. I could not get admission or afford it if I did.


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  • bp333
    03-04 12:20 PM
    Is your case at NSC? I have definitely noticed a pattern of pre-adjudcation activity from NSC for cases filed in July-August 2007.

    My application is filed with Texas Service Centre.

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  • qasleuth
    05-14 01:38 PM
    Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:

    Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
    The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
    Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)

    Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.

    this is extremely useful information. Can you please update IV Wiki, when you get a chance ?


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  • qplearn
    12-18 06:02 PM
    You may want to get in touch with core members if you have questions. They are very prompt in answering questions.Such posts will only create roadblocks to the momentum created on the forum by some of our members. It is time to help rather than ask. We have seen in the lameduck session how close we came to getting the bill passed. If IV was not there, even this much was not possible. We give thousands of dollars to our lawyers, can't we simply give 20 dollars to IV without asking questions and believing in this cause?
    I don't give any money without asking questions. Sorry, I am just that way. And I am guessing most people are like that. I have given money in the past, however, and have contributed in many other ways as well.

    Oh, and rather than acting as a roadblock, it will actually help the process.

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  • PD_Dec2002
    06-02 10:27 PM
    Ironical, isn't it? This diatribe coming from someone whose handle is "BigLoser"!! From which mushrooom did you crawl under?

    Thanks, but no thanks!


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  • eb3_nepa
    07-14 02:45 PM
    I am trying to pay thru PNC Bank. When trying to add IV, there are 2 options. One is With number and the second Without number.

    eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.

    Can anyone using PNC bank please help Caliber? Surely someone or the other uses PNC bank on here.

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  • gc_dedo
    04-30 03:56 PM
    wow they have run out of questions.


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  • ind_game
    05-18 02:53 PM
    ind_game, just a heads up : when the 485 is reopened they take the op'ty to review the app for all supporting docs. meaning if you have not submitted any supporting docs like birth cert etc they would issue an RFE. They did to me, back in Jul-07 i had submitted only parents affidavit but no BC or NABC. And they gave me only 30 days (i think it used be 90 days for RFE), I had hard time collecting the required info/doc in such a short time.

    I agree with you. One of my friends got RFE regarding Birth Ceritificates and medical certificates. I would not be surprised if they ask me the same.
    So, how did you submit the Birth certificate then? Can you please share the experience?

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  • gsc999
    07-14 08:07 PM
    Thanks to all the members and guests who already contributed.
    Member contribution is our life blood.




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  • bpratap
    04-25 11:41 AM
    its generally the case, where these loan officers doesn't understand the Immigration process.

    I also had to go thru it. I would suggest to give them a copy of I-140 approval. that is an approved doc, than a pending I-485.

    Good part is, the Underwriters generally know about the immigration process and would take 1-140 approval doc as a valid doc.

    Dont worry, your loan will be approved.

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  • Macaca
    09-14 12:25 PM
    S Mitra Kalita ( who has written many articles ( on us


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  • virald
    10-01 05:20 PM
    Let us wait for the statement from USCIS

    Which statement are you talking about? Was there any intimation from USCIS that a statement will be released?:confused:

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  • nk2006
    10-16 04:29 PM
    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:

    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: Ombudsman
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Date: Today()

    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.


    Your Name
    Your Address
    Your Phone Number


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  • chanduv23
    02-24 09:54 AM
    The way this whole thing has turned out to be now is like a challenge or a race where there is no room for values or emotions or in general life and careers.

    Many people have taken this as part of life and looked at it as slow sailing clouds and trying to make the best out of it and it has been challenging at every stage.

    As such, life is not easy - anywhere in the world. Believe me. Those who get lucrative jobs in India or elsewhere does not necessarily mean they are doing great and better.

    The best one can make out of any situation is independent thinking and self introspection. Can we do something to make things better? Are our vlices heard loud? Is there anything that can be done? What have I contributed? have I done anything to make things better for us?

    It is we, who form the society and if we are suffering, we have to blame ourselves for our inaction. In tough situations, we need to come out of the "grass green on the other side" attitude and see how we can improve the situation ourselves.

    The way things have turned out to our kinds is that we have been set to fail - that is the kind of system we are in now.

    Apart from immigration, for an average American, burning issues are economy, jobs, terrorism, war and healthcare - a lot of people die because they cannot afford healthcare and reform is nowhere near.

    Can we all unite and make ourselves heard? Can we make ourselves credible enough that we are heard and a part of the process rather than kept away from it? The answer is in us and the choice is ours. Look at history on how were and how things changed. History is not only to study, one has to make history. Can we do it?

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  • chandsri81
    04-28 02:42 PM
    thats good to know! Thanks!

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  • needhelp!
    09-13 02:57 PM
    Anyone can do this!
    The AILA media link is great, easy to do. Just type in your zip code and you will get a list of all news papers/radio stations/TV stations in your area.
    Just personalize the email and submit submit submit

    03-31 03:52 PM
    Rcvd 45 day letter in early feb/2006 and replied same week. Waiting on further movement
    VA/PD Feb2005/RIR/EB2

    07-18 08:32 PM
    Thank you for all the great work. I'm a new poster, but a long-time lurker/reader/supporter of this site. My spouse and I supported IV about the bulletin fiasco thing (we wrote letters to congresspersons and media... no way let the agencies set a precedent of getting away with murder about the legal immigration issue). We just now made donation for IV's next action.

    My own case was approved early this year (and I do consider myself as a "lucky" one), but my spouse's case is still pending. Her security checks all got cleared within a month after we filed I-485, so we have no idea exactly what holds her. And now looks like we are engulfed by retrogression... legals' fight is far from over.

    We will make another donation... and will spread the words to our July filer friends. keep up the great work guys!

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