Winner
06-11 01:24 PM
If you do not mind, have you donated to IV?
Why are you ending the conversation? :)
Hope he/she donates.
Why are you ending the conversation? :)
Hope he/she donates.
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spicy_guy
08-13 10:22 AM
My suggestion for everyone reading this is - do not send this information to your Company or HR department. They could ask us to table this additional cost. I work for Accenture so I hope that this does not apply to my employer with less than 50% employees on visa. But I'm not going to write to them asking about this because they may turn around asking us to eat this new cost.
How about you? Has anyone contacted their employer already? What are they saying?
Most of the Indian companies (TCS, Wipro, Infy, etc) have more than 50% H1Bs, I believe.
How about you? Has anyone contacted their employer already? What are they saying?
Most of the Indian companies (TCS, Wipro, Infy, etc) have more than 50% H1Bs, I believe.
ramus
07-18 02:32 PM
Thank you so much.. Lets show core members how much we appreciate their work...
By contributing we are helping ourself and getting ready for our next big fight.... This thread is still just 2 pages. I remember update thread gone to 100 pages in an hour..
Hello
I have made my first contribution of $100
Google:867468246130567
Thanks
Greater Richmond
By contributing we are helping ourself and getting ready for our next big fight.... This thread is still just 2 pages. I remember update thread gone to 100 pages in an hour..
Hello
I have made my first contribution of $100
Google:867468246130567
Thanks
Greater Richmond
2011 first-ever Hoosier Crossroads Conference title in girls basketball.
vkotval
07-17 11:59 PM
What is this Receipt date? Is it the date when your AOS petition reaches USCIS?
Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.
Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.
more...
cjagtap
08-21 02:39 PM
My drivers LC is completely linked to my H1 status. Twice I got DL only for 14 months and had to extend it again the following year. Generally they extend your DL 2 -3 months more of the expiration of your H1B.
inskrish
08-10 02:51 PM
Sing it: "No checks no receipt...whatcha gonna do...whatcha gonna do when they come for you (Border control)"....Hey!! I'm legal!!!:D
5 weeks and nothing.....But i did get my H1/H4 8th yr receipts in a week.
But, it also says "Everyone is innocent until proven guilty by (USCIS)".:)
5 weeks and nothing.....But i did get my H1/H4 8th yr receipts in a week.
But, it also says "Everyone is innocent until proven guilty by (USCIS)".:)
more...
glub
07-18 07:39 PM
Even though future VISA bulletins show PD way earlier than your PD, your I-485 may get approved since you are in the system.
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
This is contrary to every description of the process that I have read so far... I don't believe your I-485 will get approved just because it is in the system, the PD has to be current at the time of processing...
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
This is contrary to every description of the process that I have read so far... I don't believe your I-485 will get approved just because it is in the system, the PD has to be current at the time of processing...
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desidude
07-15 10:56 AM
Sent $10....
Thanks!
Thanks!
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.jpg "Girls Basketball Team.")
mirage
08-04 11:59 AM
I'm telling them my condition, and I know there are lot of people in the same boat. Again you need to talk to the lawyer about GC cost. Emplyee can bear all the GC related cost.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
That was your choice.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
One hand, you are saying guessing and still insist that it is based on facts.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
That was your choice.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
One hand, you are saying guessing and still insist that it is based on facts.
hair rownsburg girls basketball. Brownsburg High School#39;s Jill Steinmetz (40)
sparky_jones
03-04 11:27 AM
Is your case at NSC? I have definitely noticed a pattern of pre-adjudcation activity from NSC for cases filed in July-August 2007.
more...
qplearn
12-18 04:09 PM
If we start the fasting and rallying the American people will view it as nothing but "Countries of the East" sending their millions to other countries to show their strength in numbers.
Another thing. There was a suggestion of starting "free coaching classes" for kids as a volunteer service. Excellent Idea IFFF and ONLY IFFF we are doing it With the actual intent of providing education to the under-priviledged. Otherwise, once immigrants' voices are heard, and relief comes through, guess what will happen? These coaching classes will stop dead in their tracks. This will attract NEGATIVE publicity sending a message that the so called "Volunteer Effort" was nothing but a PUBLICITY STUNT.
one way to demonstrate our worth is for our employers to come out and speak loudly. i am trying to get my employer to do exactly this. but we need new ideas.
BTW: sidenote: in all these years of reading about Gandhi, and I am a big fan of history, I have never heard of a mountain called "Gandhigiri." Exactly where is this mountain located? :)
Another thing. There was a suggestion of starting "free coaching classes" for kids as a volunteer service. Excellent Idea IFFF and ONLY IFFF we are doing it With the actual intent of providing education to the under-priviledged. Otherwise, once immigrants' voices are heard, and relief comes through, guess what will happen? These coaching classes will stop dead in their tracks. This will attract NEGATIVE publicity sending a message that the so called "Volunteer Effort" was nothing but a PUBLICITY STUNT.
one way to demonstrate our worth is for our employers to come out and speak loudly. i am trying to get my employer to do exactly this. but we need new ideas.
BTW: sidenote: in all these years of reading about Gandhi, and I am a big fan of history, I have never heard of a mountain called "Gandhigiri." Exactly where is this mountain located? :)
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desi485
11-25 07:21 PM
Sir,
Thank you for your response. Is it normal to see an LUD on the 140 (approved) as well, when the G-28N is sent in?
Thanks,
Sharing what I read on IV - some members reported their 140 status reverted to 'pending' along with a recent LUD when their ex-employer revoked already approved 140. In your case, status is not changed. Keep an eye on status. Hopefully, CIS will not do another wrongful denial, crossing my fingers. Best Luck bro!
Thank you for your response. Is it normal to see an LUD on the 140 (approved) as well, when the G-28N is sent in?
Thanks,
Sharing what I read on IV - some members reported their 140 status reverted to 'pending' along with a recent LUD when their ex-employer revoked already approved 140. In your case, status is not changed. Keep an eye on status. Hopefully, CIS will not do another wrongful denial, crossing my fingers. Best Luck bro!
more...
house rownsburg girls basketball. Brownsburg High School#39;s Alaura McKemie (11)
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
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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BPforGC
07-18 07:32 PM
Based on what my lawyer said, this is how it happens.
1. LC/I-140 processing is independent from I-485.
2. I-485 RD is critical.
3. When your date comes and when they review your application, they will check if your I-140 is approved or not. Then they will look in the application and if everything is ok (FP, background check - Name check etc) and if VISA number is available, you will get it.
If they don't have VISA numbers available, they will not process any I-485. So, availability of VISA numbers is key when they process I-485.
PD of I-140 comes into play when we have retrogression. Since they opened flood gates, all of us who apply now will go by our I-485 RD. Until substantial numbers of our applications are cleared, there is no chance that future VISA bulletins will be current. Even though future VISA bulletins show PD way earlier than your PD, your I-485 may get approved since you are in the system.
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
Good luck folks.:p :confused: :rolleyes: :cool: :eek: :mad: :D
1. LC/I-140 processing is independent from I-485.
2. I-485 RD is critical.
3. When your date comes and when they review your application, they will check if your I-140 is approved or not. Then they will look in the application and if everything is ok (FP, background check - Name check etc) and if VISA number is available, you will get it.
If they don't have VISA numbers available, they will not process any I-485. So, availability of VISA numbers is key when they process I-485.
PD of I-140 comes into play when we have retrogression. Since they opened flood gates, all of us who apply now will go by our I-485 RD. Until substantial numbers of our applications are cleared, there is no chance that future VISA bulletins will be current. Even though future VISA bulletins show PD way earlier than your PD, your I-485 may get approved since you are in the system.
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
Good luck folks.:p :confused: :rolleyes: :cool: :eek: :mad: :D
more...
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sounakc
07-16 12:44 AM
how do i do it online..? please help
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vbkris77
02-26 02:39 PM
Here is how I came up with that analysis. Last year they made changes to give GC for those stuck in FBI name check if they passed 180 days. So most of the ROW got their GC last year. There were not many labors approved from 2008. So there is no demand from EB2 ROW this year. With the economy going down, not many would get EB1s either. I don't anticipate many EB5s either this year. So major chunk of EB visas will need to come to EB2I/C. Will CIS do that or not is a different story.
more...
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mhathi
09-10 05:04 PM
Just contributed $100 towards the rally! Me and my wife are grateful to IV for their leadership on this issue. GO IV GO!
Mhathi.
Mhathi.
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Libra
09-14 12:45 PM
bump
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vkannan
08-13 05:12 PM
Agreed. HR 5882 / S 3414 is the only hope.
ganguteli
03-12 03:33 PM
Reddog is an agent of someone paid to view IV site and create anti-IV posts. He may very well be an anti-immigrant who is now worried that he may not get access to secret info of our efforts.
If he cares for immigrants, why has he not even updated his profile with his application dates. I bet he will also be annonymous with fake contact info.
Tell us what you have done for IV till now?
If he cares for immigrants, why has he not even updated his profile with his application dates. I bet he will also be annonymous with fake contact info.
Tell us what you have done for IV till now?
amitjoey
03-02 07:01 PM
Yes, if we do not do anything, then yes, we will only get our GC's as per the calculator- which is 2024 and beyond. If we want it earlier, we need to educate: Get vocal: Vocal about reforming employment based immigration laws. Lobby the government: (which means we need to contribute money to IV to make a war-chest- to pay the lobbyist.), Get noticed: Which means we have to meet our lawmakers.