ronhira
08-12 12:37 PM
Just looking at the employment based inventory statistics, if every applicant were charged $2000 for visa recapture, it is close to $400M for uncle sam. All EB backlogs would be eliminated, new immigrants would continue contributing to Social security, pay taxes, buy new homes, invest etc... Cant they see the potential upside to this?
here comes another one..... keep it coming....
we are just too far off from the reality..... arent' we
here comes another one..... keep it coming....
we are just too far off from the reality..... arent' we
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garry_kay
06-20 12:20 PM
Finally I got my lawyer to start an inquiry at the Atlanta PERM center. My case is pending since Feb 07.
Do you know if you got an audit? Any idea about how they decide to do audits?
Do you know if you got an audit? Any idea about how they decide to do audits?
snathan
08-23 10:47 PM
I have nothing to recommend to them as things are fine as they are. And there will be no recommendation coming from me to close any door at all, whether it be for EB2 or anyone else.
You can go ahead and recommend against EB3 BSc BCom losers, as it is your business
To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it
Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:
Read all the pages and let us know where you find the information “close the door”. All we are saying is to close the loophole. There are genuine people getting the Eb1C and no one is complaining about it. We are all bothered only when your so called multinational exploiting it.
You can go ahead and recommend against EB3 BSc BCom losers, as it is your business
To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it
Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:
Read all the pages and let us know where you find the information “close the door”. All we are saying is to close the loophole. There are genuine people getting the Eb1C and no one is complaining about it. We are all bothered only when your so called multinational exploiting it.
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RN_Usa
07-31 11:39 AM
i m Nurse on h4 and waiting to finish my Nclex exam fast. Lack of nclex certificate make us loss the chance for applying for imigration petition..
more...
leoindiano
09-11 01:55 PM
Paypal Confirmation Number: 7R258466SC5551342.
Just contributed another 100. Notified some freinds about the drive as well.
now or never GC.
I am going to DC.
Just contributed another 100. Notified some freinds about the drive as well.
now or never GC.
I am going to DC.
abhisam
07-26 12:00 AM
hey drona... where are the details of woodlands hotel? is it posted on some other page?
more...
skillet
06-22 01:51 PM
I know they have been saying this from Mid May. Lets see. I guess HOPE is the only answer!!
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solraj
03-17 07:54 PM
Guys as it states both you and your spouse need to have an SSN not ITIN.
So if one has ssn other has ITIN you are not qualified.
So if one has ssn other has ITIN you are not qualified.
more...
RNGC
06-24 09:31 PM
During our wait, I can say that we easily spend $10 - $20 k just for Immigration related issues....visa fees/lawyer fees/ etc...
I did a simple math, If I had the green card , during the last 8 years I could have made $25,000 more annually...that is $200,000 for eight years! This money just went to our H1 B employers, who are becoming wealthier!
I did a simple math, If I had the green card , during the last 8 years I could have made $25,000 more annually...that is $200,000 for eight years! This money just went to our H1 B employers, who are becoming wealthier!
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makemygc
10-25 11:59 PM
I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
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
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
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
more...
BharatPremi
07-06 01:57 PM
This is too confusing, it looks like USCIS is going crazy.
No This is a height of Cruelity from USCIS. They must have interpreted lot of phone calls and inquiries as "people might not have understood the revision" as they are not from "English Speaking" countries so change it and put "Flip" and "Flop" together as somebody mentioned ahead. But if people might not have understood "Flip" and "Flop" then how can they understand "Flip-Flop"?:)
No This is a height of Cruelity from USCIS. They must have interpreted lot of phone calls and inquiries as "people might not have understood the revision" as they are not from "English Speaking" countries so change it and put "Flip" and "Flop" together as somebody mentioned ahead. But if people might not have understood "Flip" and "Flop" then how can they understand "Flip-Flop"?:)
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Kodi
06-22 02:59 PM
can some one share there login user name and password to check status of labor. My lawyer has not shared this with me and i have to check with him every other day ... wish i could do it myself ... you can pm me if u prefer
-M
Login is uniqe for each employer. My login will not work for you.
-M
Login is uniqe for each employer. My login will not work for you.
more...
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srikondoji
09-30 05:24 PM
Hi guys,
Just waiting for my wife to receive her SSN number with her EAD card.
How long will it take to get the registration of new company? Assuming i start it tomorrow.
Do you have to transfer the domain names, account details with web hosting company to my wife's name?
Or let them be under by name and just make the LLC under my wife's name and let her run the show?
All the accounts that are responsible to make/receive payments should be under my wife's name or just be under this new LLC name?
Thanks
sri
Just waiting for my wife to receive her SSN number with her EAD card.
How long will it take to get the registration of new company? Assuming i start it tomorrow.
Do you have to transfer the domain names, account details with web hosting company to my wife's name?
Or let them be under by name and just make the LLC under my wife's name and let her run the show?
All the accounts that are responsible to make/receive payments should be under my wife's name or just be under this new LLC name?
Thanks
sri
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badluck
07-06 12:59 PM
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
more...
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zeta7
03-25 07:10 PM
Guys,
I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.
sree
I believe that means the AP is on it's way. And you had a superfast turnaround time! I applied for AP on November 6'th, and my status changed to "Document Mailed to applicant" on March 17'th. Nebraska certainly seems to have a sort of LIFO policy rather than FIFO.
I still haven't received my documents either. I will wait a few more days before bugging my lawyer.
I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.
sree
I believe that means the AP is on it's way. And you had a superfast turnaround time! I applied for AP on November 6'th, and my status changed to "Document Mailed to applicant" on March 17'th. Nebraska certainly seems to have a sort of LIFO policy rather than FIFO.
I still haven't received my documents either. I will wait a few more days before bugging my lawyer.
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RN_Usa
07-31 11:41 AM
Sens. Schumer and Hutchison have offered the Bridge amendment. It has a chance to pass, although the battle may be tough.
The amendment is "on the floor" and could be acted on this afternoon.
S.AMDT.2448 Amends: H.R.2638 , S.AMDT.2383 Sponsor: Sen Schumer, Charles E. [NY] (submitted 7/25/2007) (proposed 7/25/2007)
UPDATE: The amendment has been withdrawn but that doesn't necessarily mean that it is permanently withdrawn. The issue seems to be whether or not the leaders will allow any amendments that touch immigration be offered on this bill.
Pray for this bill to PASS.
this is from http://hammondlawgroup.blogspot.com/
The amendment is "on the floor" and could be acted on this afternoon.
S.AMDT.2448 Amends: H.R.2638 , S.AMDT.2383 Sponsor: Sen Schumer, Charles E. [NY] (submitted 7/25/2007) (proposed 7/25/2007)
UPDATE: The amendment has been withdrawn but that doesn't necessarily mean that it is permanently withdrawn. The issue seems to be whether or not the leaders will allow any amendments that touch immigration be offered on this bill.
Pray for this bill to PASS.
this is from http://hammondlawgroup.blogspot.com/
more...
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desi3933
07-06 12:32 PM
Have all those visas made available been used up so far by USCIS? I doubt it.
It depends on how visa number requested is used in the I-485 approval and how it is termed as "used" from "made available".
___________________
Not a legal advice.
It depends on how visa number requested is used in the I-485 approval and how it is termed as "used" from "made available".
___________________
Not a legal advice.
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logiclife
09-28 07:34 PM
They can do "wild" approvals, however, they have to do it as per September visa bulletin. IF they dont have enough approvable 485s that are as per the Sept visa bulletin and if the approvable "ready to go" cases are past the priority dates of September bulletin, then they will be sitting unapproved as they CANT do any kind of "wild" approval.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
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vayumahesh
10-22 10:36 AM
I filed my EB2 with the same employer. Did not get any RFE for PERM Labor. I have M.S degree from US. I am in the same job role from the beginning (Web Developer).
Asian
08-10 10:44 AM
No. It is true to some extent that we are paying more taxes.
Take my case for an example. My kid is not an American citizen. She moved with us when she was a baby and currently under H-4 status. So she could not obtain social security number that is good for "authorized to work". Without the SSN, we were not eligible for certain child tax credit, which was hundreds of dollars. I tried an ITIN but I got a formal response from IRS that the child still needs to have a SSN to be eligible for the credit.
If you ever filed your tax return yourself and have a kid, you will know what I mean.
just one correction:
I do not think the above is true.
Take my case for an example. My kid is not an American citizen. She moved with us when she was a baby and currently under H-4 status. So she could not obtain social security number that is good for "authorized to work". Without the SSN, we were not eligible for certain child tax credit, which was hundreds of dollars. I tried an ITIN but I got a formal response from IRS that the child still needs to have a SSN to be eligible for the credit.
If you ever filed your tax return yourself and have a kid, you will know what I mean.
just one correction:
I do not think the above is true.
diptam
08-11 03:14 PM
ssss,
I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.
Would you mind if i ask you when you've seen the LUD change before approval ?
Thanks for your time !
I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters
I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.
Would you mind if i ask you when you've seen the LUD change before approval ?
Thanks for your time !
I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters
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