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  • ek_bechara
    06-06 08:47 PM
    Just contributed 100 USD. I know the money will go far and also that IV needs more money to get us where we want to be. Come on people, lets do it.

    100 USD will buy you freedom.




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  • ganguteli
    03-06 04:02 PM
    Congrats everyone getting soft LUDs




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  • skv
    06-17 10:42 AM
    Thank you for your e-mail to the National Processing Center concerning
    your case filed under the PERM program.

    Our office can only respond to inquiries from the employer's contact
    person or attorney/agent listed on the submitted 9089 form.

    Atlanta Help Desk (17)


    Above is the message, I got it from them. I can't contact my attorney, because that's our company policy. While the HR told me that they will inform me when my PERM gets approved.

    Hope after 5 long years , my GC ambition will be completed this time. All the best for rest of the folks!!!




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  • dpp
    07-06 12:09 PM
    They have just linked the two things together making it more explicit.

    Yah, thats true. What is necessity for them to edit that right now? May be they want to make sure that people read July bulletin must read revised bulletin also.



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  • villamonte6100
    04-02 01:57 PM
    Villamonte,

    Thanks for ur support and understanding. I think we better let these guys take a shot at what they are about to do. Immature and narrow minded is what they are and thats how they wanna be. Looks like they've been watching those Indian vigilante movies a lot and they think that they can get away with fighting a foreign Govt agency. They'll understand what we meant when they receive a cold shoulder from USCIS :D.

    Peace out!
    D-E-D

    No worries mate. Just trying to help clear things but I get rebutted all the time and I'm sure they are misinterpreting me.

    I have nothing against them and as part of IV, I am just voicing an opinion which they could reject politely.

    Some of the comments on my comments are really harsh as if I am personally attacking them.

    You are right, it will be tough to dig into an agency that does approve your status here.

    They can do whatever they want and good luck to them.

    BTW, I used to have several red dots before and I don't know why they changed it to green. They still have a block on one of my IP address.




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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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  • smc
    07-23 10:11 PM
    Congratulations, enjoy it!




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  • kdprasad
    08-13 04:31 PM
    Rcvd Receipt Notice from my Attorney.

    Filed: July 2nd
    PD: Jan 2006
    I-140 Apporved: Nov 2006
    Receipt Date: 8/10/2007 (Attorney on Received 8/13 Today)



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  • Robert Kumar
    12-02 07:38 AM
    Thanks a lot for your reply 9 years...

    How much time does one really need to prepare to file for labor these days ,please let me know. The time before filing the labor, if everything goes very fast.




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  • chisinau
    07-23 01:26 AM
    I am not familiar with legal procedures for US graduates.
    Try this one: http://allnurses.com/forums/f75/ - it is the nursing forum, they might have relevant information for you.
    Hope you will find an emploier.



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  • lonedesi
    07-11 08:49 AM
    I congratulate everyone whoes PD becomes current beginning of next month. But be aware that all of this is no good until USCIS acts on it. USCIS has to match and increase their pace of processing I-140 & I-485s for people to benefit of this movement. There are thousands of people whose PD have been current since April of this year and still they see no movement on their cases. PD becoming current is just the first & crucial step in this long process, but now it all depends on how well USCIS responds by processing cases in FIFO manner.




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  • priti8888
    07-25 02:30 PM
    We applied in Nebraska in August 2003, Cleared in State on August 29th 2003, Transferred to Chicago DOL on Sept 1st 2003..Got Certfied on Oct 16th 2003...So yes..in some states Labor was VERY Quick.


    I agree. Ours was transfered to Denver DOL and got certified in 5 months



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  • needhelp!
    03-12 03:40 PM
    Please do not convince your friends.

    If you are yourself not contributing, how will you convince them to contribute. :D
    Agree with you.




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  • chandsri81
    05-14 10:35 AM
    thanks! thats encouraging..they already gave us a conditional approval last week asking for some documents, which I sent immediately. They didn't even open my documents for a week, and then the underwriter came back asking for some more things including this I94..these people are crazy! Today's my deadline and i still haven't heard anything

    I will let you know if they refuse the give us a loan..thanks again for the help!



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  • ajay
    04-30 08:59 AM
    I did call and left a voice message as suggested by Pappu.
    Hope for the best. Support IV as always.




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  • Macaca
    10-01 02:26 PM
    FS limits � The worldwide level for FS preferences is calculated as:

    480K
    - the number of aliens who were issued visas or adjusted to legal permanent residence in the previous fiscal year as

    immediate relatives of U.S.citizens
    children born subsequent to the issuance of a visa to an accompanying parent
    children born abroad to lawful permanent residents on temporary trips abroad

    + unused EB preferences in the previous fiscal year.

    EB limits � The worldwide limit on EB preference immigrants is equal to

    140K
    + unused FS-preference visas in the previous year.



    What is the relationship of 480K to 366K = 140K (EB) + 226 (FS)?

    Very interesting that FS (EB) can capture EB (FS) but can not capture FS (EB)!



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  • ash0210
    06-05 02:43 PM
    You will get EAD immaterial of I-140 approval...I got my EAD approximately in 3 months & my I-140 was approved after 9 months after filing ( this 9 month includes one RFE on my I-140)..

    In short, You/your son will get EAD immaterial of your I-140 approval...

    I am talking to my immigration attorney right now to get all paperwork filed concurrently.
    My attorney say's EAD's are generally approved within 90 days. Will that be before my I-140 is approve or doesn't that matter?

    Regards to all,
    Bodran




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  • santa123
    07-11 09:26 AM
    Just wondering...
    How many people would benefit out of this big movement?
    What estimated # of applications is USCIS expecting through this movement?
    If the dates were current last year same time, how many ppl with PDs between 2004 and 2006 would have missed the bus last year? Dont think many wld have...
    Excuse my ignorance if there is a basic mistake in my assumption




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  • pappu
    04-29 02:57 PM
    As the CIR bill outline is getting introduced today, we all need to do our share in making our voice heard. Our issues are real and affect about a million people patiently waiting in line for past several years. We are high-skilled immigrants who have followed all the rules and contribute significantly to the innovation and economy of this county. Our strength is our grassroots efforts, so let us all call our lawmakers and ask them to take immediate action on the immigration bill.

    Call your Legislators:

    Immigration Voice is organizing a nationwide call-the-lawmakers drive. We request members to call each and every senator and congress member. This drive will precede the ‘Advocacy Day(s)’ in Washington, DC and ‘Meet the lawmaker’ drive in local districts. Members can use this phone call conversation with their local lawmaker offices to follow-up with lawmakers when they meet during the break just after the Memorial day.

    Don’t miss this opportunity:

    This is the perfect time to call the lawmakers. The bill needs a push via support from people like us and all lawmakers needs to be encouraged and urged to help us. There are indications that there will be lot of activity on immigration issues in both House and Senate after the Memorial day. We need to make those activities go in our favor and not die like the CIR bill in 2006 & 2007. Thus it is important to starting calling lawmakers, starting from the Senate members. In order to capitalize on this opportunity, it is very important that everyone calls every lawmaker of this country. The similar next opportunity will be in 2013. We can participate now or we will all have ourselves to blame.

    When:
    This campaign starts today at 4:00 PM EST on 29th April, 2010) (Today) and will run until the end of next week. All IV members are encouraged to make multiple phone calls whenever they find some time during the day.

    Who:

    This is the order in which we would prefer that members call. Call all the senators listed here, even if they are not from your state.

    This is the list of offices where there is maximum potential to swing votes either because they are new in the US senate or because they may be reconsidering their position on CIR if the bill has stricter provisions in it.


    TIER I: LIST OF KEY SENATORS FOR CIR

    Senator Scott Brown (R-Massachusetts)
    (202) 224-4543

    Senator Judd Gregg (R-New Hampshire)
    (202) 224-3324

    Senator Richard Lugar (R-Indiana)
    (202) 224-4814

    Senator Michael Enzi (R-Wyoming)
    (202) 224-3424

    Senator Lindsey Graham (R-South Carolina)
    (202) 224-5972

    Senator John Ensign (R-Nevada)
    (202) 224-6244

    Senator Orin Hatch (R-Utah)
    (202) 224-5251

    Senator John Cornyn (R-Texas)
    (202) 224-2934

    Senator John Kyl (R-Texas)
    (202) 224-4521

    Senator Mitch Mcconnell (R-Kentuky)
    (202) 224-2541

    Senator Amy Klobuchar (D-Minnesota)
    (202) 224-3244

    Senator Claire McCaskill (D-Missouri)
    (202) 224-6154

    Senator Jon Tester (D-Montana)
    (202) 224-2644

    Senator Jim Webb (D-Virginia)
    (202) 224-4024

    Senator Sheldon Whitehouse (D-Rhode Island)
    (202) 224-2921



    What you could say to the Senator offices listed above:

    When you call:
    Be courteous. Tell the lawmaker office that:

    --------------------------------------------
    I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform proposal released a few days back.

    I am calling to express my support for the high skilled provisions to resolve the current green card backlogs of the doctors, engineers, research scientist and professors etc. This group of highly skilled immigrants stimulates every part of the economy participating in creating economic prosperity, innovation and entrepreneurship for creating more jobs in America.

    I strongly urge the Senator to please support this proposal. If it is possible, could you please share the position of the Senator on the recently released (last week) Comprehensive Immigration Reform proposal?

    Thank you and I am counting on the Senator’s support for this very important issue of national importance. Please convey regards to the Senator.
    --------------------------------------------
    If you belong to the constituency (State) of the lawmaker, then tell them that you belong to their district/state and are calling to seek their help. If you are talking to a Senator office then tell them you are anxiously waiting for a Senators support for the immigration bill.

    Then ask: What is the lawmaker’s position on immigration proposal? If the position is
    - Supportive: Then thank the lawmaker office for it.

    - If they oppose it: Then request them to support the high skilled green card provisions of the bill that will greatly help you. You sincerely hope that the lawmaker will reconsider his/her position and help you.

    Be polite and persuasive in your message.

    Question What if some Senators say they do not support amnesty. -

    Answer "For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.

    I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration
    giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"





    TIER II: LIST OF KEY SENATORS SPONSORING OR CO-SPONSORING CIR BILL

    Senate Majority Leader Harry Reid (Nevada)
    (202) 224-3542

    Senator Dick Durbin (Illinois)
    (202) 224-2152

    Senator Chuck Schumer (New York)
    (202) 224-6542

    Senator Patrick Leahy (Vermont)
    (202) 224-4242

    Senator Dianne Feinstein (California)
    (202) 224-3841

    Senator Bob Menendez (New Jersey)
    (202) 224-4744

    Sen. Ben Cardin (Maryland)
    (202) 224-4524

    What:

    When you call:
    Be courteous. Tell the lawmaker office that:
    --------------------------------------------
    I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform proposal due to be introduced later in the day today.

    Thank you for the Senator’s leadership on this very important issue of immigration. Please convey my gratitude, full support and regards to the Senator.
    --------------------------------------------

    Be polite and persuasive in your message.

    Stick to the message and you will really make a big difference.

    Please post the outcome of your call on this thread. For more information please contact IV.

    Thank You,

    Immigration Voice




    9years
    12-10 08:00 AM
    Hello 9years: Thanks for sharing the info all along. A quick question:

    I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.

    Is this recommended or should we do regular premium 140 and request date porting once its approved?

    If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?

    Thanks,
    Hi AllVNeedGcPc,

    Congrats on your labor approval. As already mentioned doing premium does not hurt but it will expedite the process(to my knowledge). Talk to your attorney and company. They are the one who supposed to take decision. In my case Eb2-140 approved copy has priority date of EB3. Porting request also does not hurt and it could do better. Best of luck.




    gc_on_demand
    04-30 03:11 PM
    When this will end ? and will they put recording or transcript ?



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