Thursday, June 23, 2011

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  • natrajs
    03-13 10:27 AM
    IV has started a donor Forum for contributing members.

    http://immigrationvoice.org/forum/forumdisplay.php?f=109

    Our monthly subscription based model will help members get access to this area for that time period. In the coming days we will be consolidating all previous subscribers who are continuing their subscription at present to be added as well. If you are an old continuing subscriber, and do not have access, do send an email to info at immigrationvoice.org with your name, email, amount subscribed every month and your IV ID. We will verify it and add you. If you have given a one time payment this month more than $25, we will be dividing it by $25 and the system will calculate the number of months you are subscribed. If you have the old $20/month subscription, please continue that. We will add you in the Monthly subscribers as well.

    If you wish to subscribe, please click on the donate now link, adjacent to the green progress bar above and subscribe.

    From now we will post IV updates on the donor forum so that members who contribute get the privilege of getting the information. If the information can be released for public, we will release it on the main forums after a delay. Donor forum will have the first access to the information. All donors will be identified by a 'donor' status in their profiles instead of junior/senior members.

    If members want to start a thread in the donor forum, please add 'Donor Forum' before the the thread title so that everyone knows it is in the restricted area.

    Admins will visit this area more often and answer questions from members. This will also enable more close coordination and communication between committed members. It is sometimes difficult for us to to read every post on the forum or post certain information for public consumption.

    Thank you for your continued support

    I did many one time contributions before , Today I started my monthly contibution ( Paypal - Subscription Number: S-3GB61005N70576746)

    Better Late than never.

    Thanks

    Natraj




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  • nlssubbu
    07-24 07:41 PM
    I keep reading people getting emails from USCIS. I don't remember providing my lawyer with my email address? When/where do you provide the email address? Tx

    Please create an user id for you and add all the case numbers associated with you here:

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

    Whenever there is an update regarding the cases related to you, USCIS will send you an automatic mail.

    Thanks




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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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  • nixstor
    03-07 09:51 PM
    Labor approved when I checked the website this afternoon. was in process last week too.

    Oct 04, VA EB2 RIR



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  • gc_kaavaali
    10-28 12:32 PM
    I sent an e-mail to Ombudsman.




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  • Rajeev
    08-12 02:18 PM
    My guess is that we have discussed enough about the bill. Next in the line is the dream act for children of undocumented immigrants. Do we want to have a campaign to add children of legal immigrants to the bill or we want to only discuss the implications about the act, once it is passed by house and senate.



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  • kartikiran
    12-10 04:11 PM
    Good they have seem to have read recently published IV analysis and recommendations and provided a much more detailed bulletin this month for the community.

    agreed. kudos to IV core to push for more detailed explanations without which proposals for fixing this backlog also becomes difficult.




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  • Jimi_Hendrix
    12-07 09:57 AM
    Time: 7 PM PST

    Conference Dial-In: (712) 432-3000

    Conference Bridge: 227974



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  • tinamatthew
    07-20 09:18 PM
    If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.

    I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...

    Here is the info :
    email : Perm.DFLC@dol.gov
    Phone : 404-893-0101

    Thanks
    Champak (Same as 1 and 2)


    I am not in this situation (schedule A), but I would love to call. Do you think it is ok to call without a case number?




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  • everonh1
    07-22 12:25 PM
    Isnt there a concept of an interim EAD.
    I heard if you dont get EAD within 90 days,you can go to your local USCIS office and get an interim EAD?



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  • Becks
    01-04 03:20 PM
    Hi Friends, I went to DMV PA (Bridgevile) to renew my drivers license recently. They are not accepting original EAD/ AP, copy of 485 receipt plus employer letter. They are asking for original 485 receipt. Unfortunately my ex-employer did not give the original receipt.

    Did any body renew the PA DL without original 485 receipt?




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  • kumhyd2
    07-18 02:51 PM
    http://immigrationvoice.org/forum/showthread.php?p=123353#post123353



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  • jung.lee
    03-04 12:28 PM
    Just FYI, on Form 1003 - Uniform Residential Loan Application:

    https://www.efanniemae.com/sf/formsdocs/forms/pdf/sellingtrans/1003.pdf

    It asks on page 4 of Section VIII. Declarations, questions (j) and (k) - are you a citizen or permanent resident?




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  • swissgear
    08-24 12:00 AM
    Context is everything

    And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal

    And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities

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

    And BTW FYI, I never worked for TCS. And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.

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

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

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

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

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

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

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

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

    BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.
    And coming to a conclusion about someone who you do not know about is uncalled for...



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  • harivenkat
    08-13 08:56 AM
    "08/12/2010: Wow, That Is Fast. H.R. 6080 Presented to President Today, and President to Sign 08/13/2010, Friday

    * As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
    * The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "

    - The OH Law

    wondering if its time to leave....




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  • ItIsNotFunny
    03-12 02:30 PM
    I do not support this donor ONLY idea.
    Also, Day 1, the FOIA initiative had a goal of $5K.
    And without reason, the goal was increased to $10K.

    So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
    stay consistent.

    OK. I take the blame for this. Pappu didn't increase the goal, I did.

    USCIS asked for $5K for information. As per Pappu's investigation, USCIS is currently resolving FOIA filed a year back. In that case even after paying 5K, we may get information after a year. We needed little more money keep our options open as we are determined to get this information from USCIS. This is why we needed more money and I raised the goal. If it can be done by 5K, rest of the money will go to IV lobbying efforts. There is nothing wrong in that.

    Core team may not like this but I can understand your point. There is a communication gap between IV Core team and members. Core team wants to hide everything they are doing assuming that anti are reading the forum and they will know what we are doing. On other side members feel uncomfortable as nothing comes out as solid / strong plan of action. There were couple of instances were I personally felt that core talks too much among themselves and release almost zero information to members, it may be good for community overall but not good for an organization where everyone is participating directly or indirectly. By recent posts by Pappu, I think they are improving.

    We need to give them a chance as anyways their act is selfless. They may be lagging in personal management but they are not bad by heart or doing anything for personal benefit.



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  • yabadaba
    11-15 02:30 PM
    ^^^^




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  • ramus
    07-06 02:47 PM
    We should learn something from USCIS.. If they have worked hard for 48 hours on last weekend, we should work more this weekend and do whatever we can to help core members.
    __________________________________________________ ______________



    More important is the last 48 hrs where they processed 25000 cases
    AT-WILL.

    Ohh this guy has a good first name - 485 granted.
    Ohh this guy married twice,needs money - 485 granted.
    Ooh this girl doesnt look good - 485 denied.
    Ooh this girl has excellent looks - 485 granted.
    Ooh This couple stayed EUROPE not so loyal - 485 denied.

    and so on and so forth....




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  • vparam
    09-17 06:30 PM
    All the info here is great !!

    Pardon my ingnorance, but if I wanted to start a small time business where I do website development and designing either myself or by a company outside US, do I need to file as an LLC or can I register as a small business. Can someone tell me where I might get details for registering a company (Or is that same as LLC).

    I was thinking I will not get EAD earlier than 6 months and I got it in less than 6 weeks....so now am doing some basic ground work and would appreciate any guidance !!

    Thanks in advance.
    Do a LLC, in that way you are better protected.




    conchshell
    07-11 10:39 AM
    My heart jumps with joy, but my brain still caution the heart to wait for the official visa bulletin at DOS/USCIS website. USCIS has a trend of "correcting" the visa bulletin. Nevertheless, if the dates are really what they are published at Mumbai site, its a time for us to be happy.

    EB2 looks promising, but in this moment of joy lets not forget our friends in EB3 category. Anyone whose priority date is current, please don't just move forward with your joy, and continue to support IV and our initiatives to help legal immigrants. We have suffered so much because the folks who came prior to us never bothered to support legal immigration, once they got their their GC. Please remember that after GC/Citizenship, our status in this nation as a minority group depends on how active we are socially/politically.




    WAIT_FOR_EVER_GC
    09-01 03:24 PM
    Glad to see there are people like me on this thread. I came to the US in FEB 1995 as an undergrad. I have an MS today and dropped out of the PHD program (2000) to find a job because of recessions. Survived 3 top-notch companies, recessions, despicable back-stabbing coworkers, unethical and unworkable environment, lay-offs, legal dept messing up my H1b application making me go on unpaid leave (~3wks) without health insurance, filing me under EB3 while applying EB2 for another coworker from a diff country with the same job title, etc etc....my rear end is pretty soar these days and I am beginning to question all this....

    i usually dont post much...but I couldnt resist this thread
    It will take another 9-10 years to get your GC if the system remains the same.
    Please upgrade to EB2



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