Saturday, June 25, 2011

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  • Mygr8life
    12-18 02:02 PM
    I think they will apply spillover only in the last quarter (July-sept 2010). Nothing will happen till July. And even in the last quarter, significant jump would be only in sept.

    Kondur...My gut says you are probably right that "they will apply spillover only in the last quarter" but the INA law says "quarterly...". So if "by law" if they are required to utilize the quarterly quota by Dec 2009, how many estimated #s are we talking? Is the estimated spillover visas couple of hundred or 1000 or 10,000-15,000???

    Can someone answer the following (I understand IV has crunched the numbers and have predicted dates, but it would also be helpful to see these translated into #s): Does anyone wanna take a shot at crunching the above #s?

    Between Oct2009 to Dec2009 (1st quarter):
    1. How many total employment visas (is it be 140,000/4) are available per quarter?
    2. How many total EB1+EB2Row pending applications?
    3. Now the big assumption, How many of these have been adjudicated or have been alloted a visa # or could potentially use a visa #? (gurus...make some assumption).
    4. So this current quarter how many visa #s are leftover for spillover to EB2-nonRow? (theortically should/could be or must be/allocated or "used up" by Dec2009, i.e. within the next 13 days)?

    So in plain english: The answer could be as simple as "This quarter, which ends on Dec31, 2009, there could be .... visas available for spillover".

    This might be unreasonable to expect but could be useful information...Whether spillover happens this quarter or not? thats a different story:confused:

    Thanks.




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  • Sachin_Stock
    08-23 09:42 AM
    So I am guessing that there's no significant change in policy towards EB-2 from what appears in the memo. They are merely reiterating on what exists. Lets not sweat.




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  • vasa
    07-07 11:46 PM
    The NYT Editorial is on reddit. Please go vote on it...

    Search for immigration malpractice.
    dugged/reddit...

    this was a good article




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  • ras
    07-05 09:26 PM
    I think this is a valid question that is being asked and should be answered by IV core. Am always intrigued by our behind the scenes effort and the heck that is going on. I do not want to cross the line and judge the integrity on IV core, but would really like to know exactly what we are up to. At least we need to periodic conf calls and announcement of our efforts (and I understand there needs to be some secrecy with anti-immig watching us closely).

    Though IV core has been doing a great job, with the huge member base is it really leveraging the member potential except for donations and stories? May be there should be a change in the strategy leveraging the members thoughts and putting things in perspective. Chances are a few new team members could bring new energy and strategies.



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  • peyton sawyer
    07-23 02:57 AM
    i am from asia.. i'll hopefully be working in NY.

    thank you for your quick reply.

    anyway, my PD is Aug. 2005. when did you send to NVC your updated DS230?




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  • p1234
    09-14 06:11 PM
    july 07 filer yes.. but I have a PD of mid 2004... How in the name of almighty is that out of turn?

    but you are too stupid anyway
    so go home now..... and please don'y forget to pickup meds for your gonorrhea form csv pharmacy :D:D:D

    Don't want to stoop to your levels, Mr. Phd!
    Point your dirty fingers at July 07 EB2 first, with PDs of 2005 and later, nowhere close to being current in June 07 but suddenly became current in July 07.



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  • supers789
    12-10 06:54 PM
    I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....




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  • sanjeev_2004
    04-18 03:29 AM
    My I140 is pending since 16 May 2007. My employer is not helping much. Employer is not giving his attorney contact number also. After calling millions of times they putted one service request 4 months back but nothing happend. I talked to few attonrnies they told they can only work if your employer signs G28 form for me. But my employer is not even picking my phone. Can I do any thing without my Employer's help?



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  • Alien
    03-12 10:31 PM
    Its not a rumor. This is real. Coming to think abt it, he had filed a labor in 2000/2001 time period and had abandoned it when he switched companies. I am wondering if USCIS takes the oldest one an applicant had ever filed.




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  • Lollerskater
    05-08 01:32 PM
    Love your attitude. Basically it is "I got the stimulus so tough luck if you didn't."

    Second thing. Nobody has posted in this thread for days. However, by making a comment, all you did was bump it to the top of the discussion. If you don't like this thread, why are you bumping it?

    I took the time to read over your posts and understand your case. You sir, have a very valid case and a good point to make. The OP's intentions however, are CLEARLY far different from yours. By reading the thread title in the topic view, the information is extremely misleading. These are two seperate cases, sir.



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  • franklin
    09-28 08:57 PM
    But I think franklin posted earlier that she got her GC when the priority dates are not current. And shows about 5 EB3s from India got approvals during September whos PDs are on or after 2003.Do you think USCIS might have requested the visa number for their cases when their PD was current?

    Theory 1: I got assigned a visa number as soon as my case arrived at USCIS in early June.

    Theory 2: Spend as much time talking to lawmakers and reporters as I do, they want to shut that squeaky wheel up.

    I like Theory 2 best :)

    I would say, however, just because a handful of applications have been speedy, I don't see any systematic changes that mean everyone's will be.




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  • funny
    09-15 04:27 PM
    People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.

    I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.

    If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.

    This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.

    These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.

    If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
    Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.

    This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.

    If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.

    I want everybody to get their GCs. I also am OK with the wait.
    But anything that threatens my position in the queue is not acceptable.

    My dear friend "GCtest"

    There are two really important threads going on on IV.
    1.IV call campaign HR 5882
    2. Give me a HIGH FIVE.

    Before using IV's resoruces and knowledge available from all the members available on IV, did it ever occur to you to contribute "+vly" on these 2 threads...I am asking +ve contribution here... because u are really good at contributing -vely on the forum.



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  • matreen
    10-17 01:58 AM
    Guys,

    I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,

    Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).

    Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)

    Is that going to cause any problem to my 485 process?

    Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?

    I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..

    Thanks,

    M



    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




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  • gc9906
    01-09 06:00 PM
    CA-EB2-RIR
    Case Source: Region
    Priority Date: 12/02/2003
    Case Received Date: 12/08/2004

    My attorney received a letter from DOL 11/21/2005 noticed the case closure, replied the next day mentioned this is an error to close this case.
    FedEex another letter to DOL to reiniate reopen this case on 11/29/2005.
    Still no message from DOL now.

    ETA#: P-04324-XXXXX
    45DL Sent: 03/10/2005 - Attorney & Company did NOT receive it
    Notice of Case Closure: 11/21/2005
    Try to reopen now

    What should I do for this error cause by DOL or USPS?



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  • WaitingForMyGC
    02-23 04:50 PM
    I am expecting about a year forward movement for EB2 India in April 2009 bulletin.

    I'll hold you responsible if it doesn't and blame you for all the s**t I am going through due to retrogession. :-)




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  • pcs
    07-05 10:11 AM
    I met the local office of my Congressman with the following documents to make it easy & simple..

    A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )

    A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.

    Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July

    Above was good enough to convince them regarding the mess & they promised action on their part..

    IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS

    NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION

    This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.

    I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date



    Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.

    Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony


    Since your butt is on fire like mine.... I do not think I need to convince you to act on this


    Best wishes



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  • addsf345
    11-17 02:23 PM
    One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:

    http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16

    so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.

    Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)

    Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:

    Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.

    and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!

    lazycis, chanduv - anyone to comment on above new information???




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  • red200
    12-10 07:31 PM
    IV can you please shed the light on this. EAD is a step closer Greencard. One will eventually get one. Even when some one is waiting on EAD he/she almost have all the benefits of GC except to renew each time




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  • dreddy
    10-05 02:54 PM
    first applied in 2002 and changed company in 2006..still waiting to apply 485




    chanduv23
    08-12 11:29 AM
    Almost all companies, in every field (engg, medicine, nursing, research..) hire people through contracting agencies. Most of the companies these days hire only US citizens or GC or EAD and try best not to hire H1b and if you look at their employees, it is rare to find 50% or more h1b holders.

    On the contrary, outsourcing companies may have majority of their workers coming here on L1 or H1b and when such a fgee is imposed, I guess, for the biggies, it is just a small adjustment in their costs of bringing workers which they will adjust in their other expenses.

    Overall, I am not sure, how much revenue such a law will generate. Will it generate enough revenue which is being claimed (600 million?)

    To me, this kinda speech and trashing Indian companies and outsourcing etc... and showing that they acted on it just looks like it is pure politics to save face during the election year.




    vbkris77
    02-24 12:14 PM
    With US becoming in-tolerant to Legal immigration, Australia moving to toughen rules, BNP winning seats in UK, Singapore curtailing immigration, India denying visas and the list continues..

    It is clearly the order of the day.. We human beings forgot that it is basic human right to immigrate as recognized by UN. We are on verge of becoming herding animals if not more restricted.

    I hope things change. But I think it is going to change by the time most people don't care anymore about immigrating.

    I have seen/heard of Indian elite university students declining US offers just to avoid immigration headaches.. My close friends back in India are kind of joking about those waiting in the line just to get the papers filed to move to any other country than India.

    This year H1B quota is an eye opener. I think the trend continues next year and year after.

    But most of the times, all governments realize about the ground reality only in the end when the damage is made, not when it started.

    Such thing can never happen. Also, don't lose hope. Look at how the world was before. Slavery, racism, castiesm, untouchability, intolerance, poverty etc.... it has always been a struggle to navigate through all these barriers and we are still navigating.

    Basically the attitude is "when my house is burning why should I accomodate these people" - it is how the world is and we have to navigate.



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