Wednesday, June 15, 2011

Hummer H3

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  • tinamatthew
    07-20 12:37 PM
    What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)




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  • r_mistry
    12-28 09:27 AM
    My AP application was filed with NSC on July 24th and online status shows receipt date of september 19th. Have not heard anything yet.




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  • rav
    02-06 09:36 AM
    :) Good to know that PBEC is processing JUN 2002 priority date,
    But , i have not received my 45 date letter still.
    All i know is my case is in the system, i got this info from my lawyer.




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  • immig4me
    05-03 01:48 PM
    Cornyn Open to Working on Immigration Reform - Roll Call (http://www.rollcall.com/news/45730-1.html)


    Can the members in Texas and others call on Sen. Cornyn's office and ask him to support the bill. I just called their office, and the staff says that he has no statement from the senator, and therefore has no position as of yet. I asked him about the above report, and all he offered was "no comments"

    Hope IV members step up their efforts in calling the list of Senators and post their feedback on this forum. We can learn from each others feedback and bring more pressure on these legislators.



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  • ItIsNotFunny
    03-04 06:27 PM
    Sorry for being ignorant. How can we determine LUD (last update date) and what is meant my soft LUD ?

    You can check status of your case on line:

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

    It will show you "Last Updated Date". Soft LUD means status of case is not changed but they updated LUD, virtually means they touched your file.




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  • pmamp
    07-12 10:33 AM
    As someone else pointed out, if you don't drive will he/ she won't get a H1B?

    This does not make sense.

    I just renewed my DL in and BMV did not even ask for my visa/ passport validity and they issued me 5 years renewal (my visa expires in Oct 2008).

    I can understand that based on your visa expiry date, BMV may issue only limited time DL.

    I know each state has jurisdiction on these matters but there should be basically similar approach.



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

    100 USD will buy you freedom.




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  • gcadream
    03-01 04:09 PM
    There is a link on immigrationvoie.org website "when can I get my GreenCard" and to my utter shock when I clicked that I got the message that I will get my GC around 2026.
    There is a checkbox for spill over visas also, and I selected that thinking that it will move my dates before...but it got moved only till 2024.

    So does it really mean that I will get the GC around 2024 or is it just plain maths which doesn't goes practically with the changing scenarios.

    Because right now the current PD is Feb'2005 and it looks like withing 2,3 yrs it should reach Dec'2007, but this data is just my guess OR more of intuition, I'm not sure what will happen.

    In this forum there are many experienced people, if they can throw some light on this, it would really help. Otherwise things are sounding very depressing !!



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  • webm
    04-30 10:48 AM
    TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS

    http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html

    http://judiciary.house.gov/oversight.aspx?ID=435

    Let's hope for the best decision!!

    ------------------
    EB3-I PD Oct,01,2001
    485 RD-June,2007 (TSC)




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  • eb3_nepa
    07-11 10:56 AM
    I am EB3-India with PD of August 2003. I am anticipating at least another 2 years. Any forward movement in any category is good news to me.

    Yeah I am EB3 India June 2003 too. Not sure when our turn will come, IF at all the way things are crawling here. Sometimes I really feel there is no justice to some of the IV members on here. I wonder which is worse, the corruption in India or the bureaucracy in the USA. Atleast in India, if I would have bribed the official, I would have had the documents by now.



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  • eb3_nepa
    07-05 01:00 PM
    3 Threads on the same issue




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  • lkyme
    04-25 12:13 PM
    That is a wonderful proposal and should be given due weight. Despite the early arrival, an individual may not filed his/her GC due to several reasons. Most commonly found / heard are
    1. Company closures/ Layoffs / Transfer to different state
    2. Employer / attorney delay and / or fraud in filing GC
    3. Delays in processing Labor in certain states / backlog centers

    This proposal seems a ray of hope for people in the above category. God bless Rajeev74 and all. Let this be heard and got attention at the policy level.



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  • bkam
    04-26 11:44 AM
    When you apply for permanent residency in a developed country, you have to cover certain criteria and then you get the approval prior to entering the country. This criteria may include job invitation from a local company (New Zealand recent approach) etc but the point is that the relationship between the potential immigrant and the country-recipient are clear.

    The situation in the US is different - you come here to work temporarily only and you must state that you will return back upon expiration on your visa. On the other hand, there is an option to apply for permanent residence but it is not guaranteed - it is only a possibility.

    OK, I can live whit this approach. But when applying for a GC and would like to BE ABLE TO GET REPLY IN A RESONABLE PERIOD OF TIME - 2-3 months, not 3-4 years ! If approved, I would like to BE ABLE TO GET MY GC IN A REASONABLE PERIOD OF TIME - 6-12 months, not another 5-6 years ! Than I can take a decision what to do and where to go.

    I also do not mind to pay for SS and Medicare. That is OK as long as I get these money back if I do not became a permanent resident/citizen of this country. And I should get it back with an average market interest rate for those 6-7 years. Same if I would have invested them in bonds or so.

    That is a fair approach ! Why I have to state that I am coming here temporarily only and then be forced to pay for SS and Medicare ? Because I am retarded and do not understand what is going on ?!




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  • bkarnik
    04-26 02:09 PM
    Knnmbd:

    I looked up the link http://judiciary.senate.gov/schedule.cfm and it indicates something else. However, there is a remote possibility that CIR might be discussed as one of the witness is congressman james Sensenbrenner who was the sponsor of the house bill. Lets keep fingers crossed:)



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  • skakodker
    03-01 10:49 AM
    [You are relatively at peace because your PD is 2005 and you are in EB2.
    Moreover since you are already filed 485 and its more than 6 months you are secure.
    For rest the situation is precarious

    As it relates to my green card application, my situation is relatively better than some. If you search my previous posts, you will note my similar expression of frustration a few months/years ago. I don't want to go into the details behind how justifiable my frustration felt at the time - those are facts that I can do nothing about.

    So I gave up and quickly made plans to return to our homeland. I was lucky to have a moment of clarity about a month before pulling any triggers because shortly thereafter, I read Lance Armstrong's book - "It's Not About the Bike". "Man's Search for Meaning" by Viktor Frankl was another very inspring work for me. I have since read many books on similar subjects - some good and some not so good - but more importantly, I now believe, with all my heart, that how I feel is entirely up to me. Not only is it just up to me, I am 100% accountable for it.

    I am not saying you shouldn't express your feelings or seek the comfort of friends when you want to. I am simply offering some details around what works for me and why I am not as frustrated as I once was.

    My green card "struggle" - if you can call it that - no longer impedes my ability to enjoy this moment. There are more people-including children-facing far more significant challenges across all walks of life. I accept my green card situation for what it is. I work everyday on what I ought to be doing and strive to leave doubt and worry behind (per Huxley's age old advice). This works for me.

    I would love nothing more for it to work for everyone.

    Best,

    Sunil




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  • gc2
    04-03 10:38 AM
    this thread has had a nice run. have'nt gone through all posts but it sure is bringing out various viewpoints. wonder how long it stays on recent forums list.



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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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  • minimalist
    09-15 11:34 AM
    I guess gctest is right. He too can try and interfile...provided he is as zealous on his cause to get a GC. In the time a EB3 applicant works fulltime and gets a master's degree by doing part-time. GCTest (Who is either highly qualified by means of a MS degree or was generate experience letters of 5+ years), in EB2 category can work on PhD and get a NIW..and thus be a ble to interfile....Thats current. Or Maybe GCTest's logic is that he does not want to excell in his professional training(qualification) and life bcos by doing that he will be jumping from EB2 to EB1 and he does not want to do the unethical :-)

    :)

    Every few days another person comes along with a lot of enthu saying they found another issue with the USCIS process that they want to correct.Which is extremely legtimate in the narrow specifics of their particular case. A while ago sunny_surya started a thread with same topic and now not to be seen anywhere. These activities with narrow scope won't have any room for success and will not have any visibility either if the folks at the other end of the stick (EB3 in this case) , the thread will just die withing few days. The only initiatives that have any chance for success are the ones that address the concerns of the community as a whole.
    Just focus your energies on recapture instead of trying to educate these highly skilled people with lowly functional brains.

    --
    I am an EB3 with May 2006 PD, without any intention to port. It is too much of a headache in my opinion given the delays at 140.




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  • ras
    07-06 12:15 PM
    I dont mean to say against the IV core's efforts. They are doing an amazing job with in their time limits.

    But the issue is the time limit itself. There are 20K members dependent on the limited time of the IV Core. They can only see any change when these IV Core's limited time is put to use. And if for some reason IV core is engaged personal interests ( which cannot be denied because they have their personal life too) then valuable time goes wasted.

    So the issue is the time spent on activities by the IV Core. We cannot force them to spend their lives on IV activities and at the same time cannot let down the IV member activities. So what is the best way. Get full time coordinators who can come up with strategies that can have real time implications.

    Dont bash at me this is just my understanding of the situation.




    Edison99
    10-22 09:52 AM
    Thanks for nice info!
    My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.




    meridiani.planum
    12-13 11:41 PM
    What are the chances for the PD moving to Mid 2007 by end of 2010 ? :(

    are you referring to EB2-India? Without any legislative or administrative changes the chances of reaching 2007 next year are pretty much zero IMO.

    If I were to play the prediction game, based on the stats that USCIS released and their own statements in this months VB, this is what I would guess [Q1 meaning Jan-Feb-March: calendar quarter, not USCIS quarter which runs from Sept]:

    - Q1 2010 : EB2-I reaches Feb and or early March

    >> Reasoning: its already at Jan-end and there are tons of cases in March. because PERM was about to start from April 2005, lots and lots of companies pushed and filed for labor in March. So Jan will be crossed and most likely Feb also. But March is a big hump to cross.

    - Q2 2010 : EB2-I goes "unavailable". Probably in May, or in June

    >> EB2-India should exhaust its annual quota for the quarter well within the cases from Jan/Feb/early-March. So now the VB would go unavailable.

    - Q3 2010 : EB2-I goes to April/May/June-2005 in July, then Dec 2005 by Sept VB.

    >> the big spillover of visa starts. Note that spillover has not yet happened. THere is speculation at this point, but traditionally whenever there is spillover (look at last 3 years VB) India and China have the same PD because thats how the visas can spill over equally to both of them. The state dept's own prediction is dates will reach December and thats likely. Note that in their prediction (in the VB) dates for India and China are identical as is expected when spillover takes place. This is the time when the big bump of cases at March should get levelled out.

    - Q4 2010 : EB2-I goes to Oct 2005

    >> 6 months past PERM the number of filings had picked up again, so based on the EB-I pending cases stats come October 2010 the date should roll back to October 2005. Spillover wont be in effect and India will be back to its annual 7% limit.

    - Q1 2011 : EB2-I goes to Dec 2005

    >> dates will creep along slowly/

    - Q2 2011 : Dec-2005 or 'U'.

    >> same story: India quickly exhausts its annual quota, and must now wait for spillover.

    - Q3 2011 : EB2-I goes to March/June 2006

    >> spillover happens, but unlike earlier there are lots and lots of cases from 2005-end to first half of 2006. So even with spillover the dates are unlikely to go past June 2006.



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