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  • trueguy
    08-14 10:50 PM
    actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact

    I agree. Nobody wants to talk about EB3-I, not even core IV.




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  • nlssubbu
    07-24 06:42 PM
    If they are such smart to calculate numbers like you said, which is theoritically possible, they would not be creating mess like this for years.

    Yes, it is easy for them to know how many applications are filed and from which country and how many are in which category etc etc. Based on visa numbers availability, they could very well process the applications are request the visa numbers from DHS. When USCIS handles all the 485 processing, then how come DHS is responsible for moving the dates in VB. It is insane and ridiculous for DHS to have this functionality when they do not have any idea on 485 apps with USCIS. They are scewing up immigrants deliberately without transparency between them.

    As I already stated, it is proven beyond the point that DOL and USCIS has only the ability to count the numbers. They do not even know exactly how much labor is pending by country. The same is true for I140 as well.

    There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].

    This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.

    Thanks




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  • indio0617
    03-09 11:02 AM
    Still talking on asylum....




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  • santb1975
    05-24 03:39 PM
    Can we do better?



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  • nk2006
    10-16 04:29 PM
    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: Ombudsman
    ======================
    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
    =======================

    ============================
    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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  • rajpatelemail
    02-07 08:17 PM
    nowadays, girls are too much ...

    Days are gone where man used to trouble woman.
    Nowadays it is very much opposite...



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  • franklin
    07-16 01:59 AM
    ...let your Nor Cal members know - I'm trying to prepare a comprehensive document with lessons learned from the San Jose rally. Sort of a post mortem "what went right, what went wrong, how to improve" thing. It may take a few days, as we are all recovering and catching up!

    Feel free to pm or email if you need anything or have questions.

    I don't want to sound like a know-it-all, but we are more than willing to help out however we can.

    Drona, from SoCal, was up for the rally and integral in helping out as well.




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  • wandmaker
    06-09 12:29 PM
    i was regular contributor to IV ..I stopped it ..

    My request is ..

    All postings on IV should identify the user as contributing member or a Free User.

    That change will help IV to increase Funding ..

    I will sign up for monthly recurring to IV if I see above change ..

    You can add your contribution details to the signature. Remember, all the IVans are not paid for volunteer work. If you have time, please feel free to write the component compatible with joomla, paypal and google-checkout to implement this. We need to focus our energy on the action items, which will bring the benefit to immigration community through the bills that are in table.



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  • ANGEL
    07-29 07:58 PM
    hello there,

    i was not around for few days,just read your post.KABAYAN!I am also from the Philippines.I am not a derivative from my wife's visa,I am under the sched a category being sponsored by the hospital where my wife is working.i just had my ds230 filed and GOD knows how long is the wait this time.once visa numbers become available,you and your family will be first in line at least.your PD is 2005 so the chances of getting ahead in line is good,just make sure all is flawless,i mean requirements and all.good luck to all of us.where in pinas are you at?




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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.



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  • HV000
    07-21 09:04 AM
    Is there a chance that this Amendment can be introduced thru a different bill later this year???

    Important thing to Note here is that Sen.Durbin argued for safeguards for H1B Abuse. If Cornyn and Durbin can make some compromises, then this amendment might pass in the future!![/B]




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  • paskal
    08-13 03:53 PM
    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.

    first: indulging in a completely useless dicussion
    this is your prerogative but this forum really does have a purpose and a well defined goal. it behoves those who use it to be aligned with the goals of the organization, not completely obsessed with a receipt that is at best a tiny way station in a long journey.

    second and this needs undivided attention- and rereading as many times as needed: personal attacks, offensive language and divisive fueds are against the policy of this forum. if you have a problem with this, read the posting guidelines. make sure you understand them completely.

    third: junior and senior is nothing but a representation of the number of posts from a member. if the posts are nothing but self obsessed rantings, then senior is just a word that means nothing. posts can be approved or disapproved by members using the tools above. this results in green or red squares in front of a members name. that may be a better representation of other members opinions than just the number of posts.

    fourth: those who live in glass houses do not ...do a lot of things frankly. you cannot complain about other's language or content if yours fails to meet the same criteria. i urge you to be civil in your tone and choose your words carefully. we are here to be a one united community working to end retrogression. not to rave and rant about each other, take or make sides, threaten (with what?), or endlessly obsses about dates and notices.
    please by all means track your progress and give and take information.
    but do it with some decorum.

    many on this thread need to read this post carefully. please keep this forum a civil place and let's behave like the highly skilled immigrants we claim to be.
    please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...



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  • imh1b
    05-19 09:38 AM
    Is this campaign over? or can we still call. I can make some calls today.




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  • GCBy3000
    01-03 04:22 PM
    Good luck.

    I wish you have PD of 2001/2002. I had the same dream when I came here 8 years ago.

    If you are new to US(1-3 years, from the spark in your statements, I feel you are.) with having PD 2003 or later, only the SKIL bill or CIR could rescue you. Othewise, you will be one among 1million in 2011 talking like us.

    Its very interesting reading everyone's stories. To me GC represents freedom. Freedom to work for whom you want to, in a field you want to, not to work for someone you don't want to. To start your own buisness, to do all those things which US is known for. This country encourages entrepreneurs and I would like to be one, one of these days :).



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  • snathan
    02-13 10:38 PM
    What are you waiting for
    Quote:
    Originally Posted by unseenguy
    Quote:
    Originally Posted by snathan
    Quote:
    Originally Posted by unseenguy
    Quote:
    Originally Posted by snathan
    Quote:
    Originally Posted by unseenguy
    Quote:
    Originally Posted by snathan
    I am still waiting to see your contribution. Do you need any help to write the check.
    I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
    It shows what kind of person you are...when did you contributed more than $500. It seems like you are new here with only 14 posts. And why did you promise 'I will'.

    Are you just another junk in IV...?
    You are being mean to me and untrustworthy. I have no time for kids.
    i dont need to be trustworthy for ur million $$$...you are just another junk for IV
    A kid does not need to tell me my worth. I know it better than you do. I have lived more than you have and I like IVs mission and agenda but I dont like people who label others as junk when they are not contributing more. This represents selfish attitude. First you contribute $500 like I have done and then tell me to contribute more. Otherwise just lie down peacefully.
    I dont have time for stingy junks...get lost in to
    Vacuum

    So what ?????????????




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  • ilikekilo
    07-23 06:55 PM
    I am sure you'll get GC by the end on this year or early next year. I might have called USCIS abt 15-20 times and from what I understand dates would retrogress for eb3 India, but not horribly. My guess in of the total applications in August 30% have older PD 02/03/04. Becuause pf PERM processing majority are 05/06/07.



    thanks for ur input and still sticking to IV ..



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  • ind_game
    05-15 07:54 PM
    For that only I am telling we need to teach a lesson. Take them once to court, and if we can get the judement once in our favour it will nail the coffin. If we lose, some one else try again in different court.

    Trust me. I am ready for Writ of Mandamus. But before filing it, I have to exhaust all the administrative procedures to make the case stronger in front of the Judge.
    I have posted a link on murthy but no responses till now. Not even a single attorney responded.

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=1671009981

    Nobody has gone that far.




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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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  • GCVictim
    09-08 02:34 PM
    In india, Real estates brokers are increasing land prices and apts because... of NRIs. NRI's money is coming to india like anything... So simply they are increasing... Those land are less than 50% on current price...

    NRI are cheating by these real estates brokers....




    senthil1
    07-06 01:34 PM
    If they would not have approved 25k cases in 2 days still they could change the cut off date instead of making unavailable. In any case accepting 500k to 700k applications when Visa number not available might create more problems for USCIS than current mess. I think USCIS well aware of potential lawsuit as they got opposition for similar thing for EB3 other workers in June. There is no strong motive for Scandals as no one gets Finanicial benefit in USCIS or DOS. It needs to be seen how Courts will handle Adminstrative mess up. It is highly unlikely for courts to order USCIS to accept I485 even if they find violation of law. But if court considers the lawsuit it will be used to fix some of the issues in VB regulations



    07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco

    According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.




    tikka
    06-03 03:08 PM
    I understand but i already sent our media drive to 50 different media , i aleady sent multiple faxes , i already sent many many emails but please advise me what more should i do to convince IV core that issues i have mentioned also effect many who are already IV members , i am requesting you to see Text of Webfax is added acoordingly ?

    I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected

    please check

    thank you



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