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  • saimrathi
    07-06 11:18 AM
    People are burying these posts as spam.. can we do something to make sure that doesnt happen?

    http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/USCIS_Visa_scandal




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  • funny
    09-12 03:15 PM
    ^Bump^




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  • Keeme
    03-06 05:57 PM
    To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
    a) LUDs
    b) Name Check 180 days rule
    c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....

    Agree. I still blame name check 180 rule - a major decision by USCIS/FBI helped this backlogg to go from bad to worst.

    Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.




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  • mbartosik
    06-23 10:43 AM
    I've already entered details into http://www.trackins.com

    Data was:
    PD 12/19/2002
    Approved EB3 RIR 6/14/2006
    received copy today
    Originally NY DOL
    Philly BEC

    That was 1272 days

    Here is a little good news for most....
    I had estimated that I would get my approval around beginning Sept, but I got it about 6 weeks earlier. I had been tracking estimating etc., also I had asked a paralegal about whether her customers were being processed in order or if people were disappearing into black holes (as a few appear to a trackins.com). None of her customers were in black holes.

    Currently it does appear that Nov and Dec 2002 are being processed at Philly BEC, and in general it does seem to be advancing in date order, with a few approvals now being a few months behind (oldest approval recieved in Dec 2006 was Aug 2002) so the spread was Aug 2002 to Dec 2002 being processed in June 2006. This is based on info at trackins.com and my paralegal's customers.

    Also from trackins.com it appears that most 45 day letters have been issued.
    They made a public commitment (and in court) to have data entry done by end of June 2006 (i.e. next week). So anyone who has not received a 45 day letter by the end of July should be banging on their door. They appear to be close to all data entry done, so that estimate looks to have been credible. Thus their estimate of all applications processed for Sept 2007 gains some credibility.

    Also I based my estimate of when I'd get my LC partly on their estimates of when they'd finish LC processing.



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  • skd
    04-13 10:50 PM
    Please Let me know




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  • Jimi_Hendrix
    11-16 02:33 PM
    Let us keep working.



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  • santb1975
    05-30 09:56 PM
    hmmm..




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  • ameryki
    01-20 08:44 PM
    But I don't have 4 weeks. I have to travel on january 29th.
    Another thing is do I need to show on departure do I need to show the AP Approval. If I don't then if I leave US and my friend mail it to my place abroad is that ok as my USCIS online application status check system shows my I-131 approved on January 8 and mailed.


    I am not a lawyer...but I have read in threads here that people have had their friends or family mail them the AP approval prior to coming back and had no problems getting in. I think this will be your best option.



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  • psaxena
    06-11 04:42 PM
    Just wondering you were born this way, just happened now when you arrived in US.
    Any high school kid will tell you about what happened in the past and what advantage you could have taken, but............ a catch, we are simple who cannot see into the future like "YOU"

    Stop these idiotic bakwaas..anyways if you wanna continue, fine with me , I am actually having a great TP.


    I get a big laugh when I read some of the posts mocking
    each other...
    I have expressed my view/gameplan and even mentioned those who like can take anything out of it...
    all those who are asking for donation..would you be happy if I donate a 1000$...why not make IV a paysite :D
    Anyone who wants to get in have to pay at the gate :D so much for free-forum
    I dont want to list here all the charities and social stuff I do just because a bunch of morons demand donation...hahaha sounds like ganesh festival donation demand :D
    just know that we all do stuff in our lives oneway or other to give back to society...

    And the losers who could get 15% investment and mock other who got more...please grow up...world is much bigger than your box

    anyways..since you asked me try a simple investment in wellsfargo around march,april with 100K and figure out how much you get...as they say your attitude is, if you cant do it dont let other do it or just live in denial :)

    other guy who was asking for investment advise, I will PM you this evening..goodluck my friend..




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  • bkn96
    11-25 08:39 PM
    Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal

    ***********
    CIS issuing illegal AOS denials based on I-140 revocations

    Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
    These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
    been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
    continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.

    Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.

    *************************



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  • ak_2006
    06-10 02:13 PM
    Can you post the link of the official announcement, thanks in advance

    http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm




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  • unseenguy
    02-11 01:22 AM
    OMG , what an utterly disgusting attitude !!! and on top of it, you are trying to "summarize" ???

    I tried to stop myself from posting on this thread since it's based on one guy's circumstances and though I feel sorry for him ( the same way I feel sorry for all the wives and their families being extorted huge sum of money in the name of marriage ) , it's hard to judge these things knowing only one side of the story.

    To each his own , but do you think your parents spent their whole lives bringing you up only to know that you think it's "legally" not right to help them monetarily ???? I guess, they should have not spent that extra money to send you to a good school/college or spend it on your tution classes and kicked you out of their house once you reach the age of 18 , like some parents do here ??? Man, it's hard for me to imagine how one can think like that about their parents.

    When someone gets married they should be grown up enough to handle the money matters and put their foot down in case of any unreasonable demands, it applies to both husband and wife. The intricacies of the "Indian arranged marriage" are difficult to understand and the equations vary from case to case, so it's better not to come to a judgement and come out with something utterly nonsensical.

    I'm sorry if my post is a bit rude , what rude comments beget rude reactions !

    Yeah right. Your wife should cook for your parents all her life because you were sent to a good school by them.



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  • LC2002
    01-10 01:22 PM
    Mine was with PD Nov 2002 Non-RIR, still waiting for 45 day letter.:mad:

    My colleages who filed in DEC 2002 got 45 day letter. :confused:




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  • gc_check
    01-10 11:58 AM
    It is good to see, more and more people (EB3 with older PD's ) switch to EB2 or higher, though the total percentage is small, it is still a significant help for EB3 (C & I). On average each EB Applicant consumes 2-3 Visas. One primary applicant switch means, at least 2 -3 visas freed in EB3 for this category. If qualified for EB2, this is a good move looking at the way EB3 dates are moving.



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  • gcisadawg
    02-09 12:47 AM
    Did I even say this? What are you saying? Go see a shrink :D

    Read first what I said.

    OOPS! mea culpa! It is a case of bad negation! It should have read as "How come it is not 'stupid' when a girl spends husband's money to support her parents?"




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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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  • nogc_noproblem
    04-30 03:30 PM
    Wondering when Lofgren will get a chance to talk




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  • gcny2006
    07-17 11:32 PM
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  • boldm28
    09-22 06:16 PM
    bump




    sunny1000
    06-02 11:20 PM
    True , hope it will relieve as house sees through it and will make life of all easier by making it amendments or even drop the whole law , We dont want it.

    But also can some one point to me to place where it says H1B is not dual intent , i could only find DUAL iNTENT for some students.

    It was in shutterman's website that was quoted in this forum somewhere reg dual intent provision.




    mbawa2574
    07-06 02:18 AM
    Why does the line on top of this page say

    ****
    Goal amount for this month: 10000 USD, Received: 0 USD (0%)
    ****

    I guess, last month is about $2500, and previous month is less than $2K.

    Any plans in your mind how to get every member pay $1 every month?

    Let's focus on stratergy and plan. People will pay if they see viablity. Let's do something and funding will follow



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