Wednesday, June 15, 2011

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  • Sachin_Stock
    08-23 10:24 AM
    My friend EB2 is all ONE category. Please see the OR in that sentence.

    to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    Its sad but its going to apply for all EB2 applicants.

    This draft memorandum was released today for comment until September 3, 2010 when it may be adopted as an official memorandum revising Adjudicators Field Manual. It touches the issues of evidentiary criteria for adjudication of I-140 immigrant petitions in EB-1A(Extraordinary Worker), EB-1B(Outstanding Professor or Researcher), and EB-2(Exceptional Ability), requiring two-prong test in the adjudication.




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  • kumhyd2
    07-18 09:08 PM
    Folks,
    This is just a suggestion. Talk to your local Sears/Macys/Food4Less/etc/Indian Groceries / Deals2buy.com to collaborate in purchasing the coupons so that people can go get the coupons and present it to the respective stores. In the process say get a portion of it being contributed to IV. Work out some percentage model in which case it would be easier for people to contribute that extra amount instead of separately pulling out their card (people are lethargic to do this) and contributing to the google check out fund drive. Of course the other one is just another supplement of getting funds

    May be like google check out, why dont you have Amazon coupons.


    if you guys already thought of this and dont think works out. Ignore the post.




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  • ItIsNotFunny
    10-21 11:06 AM
    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

    Guys,

    This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).

    We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.

    I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.

    One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!

    I sent my emails (actually twice ;)).




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  • pappu
    09-14 06:37 PM
    DO NOT POST MEDIA LEADS ON THE FORUM PLEASE.

    This is a request to every member working very hard in the media campaign and state chapters. If you get a response from any reporter for a media interview, DO NOT post the details on the forum. Please be alert if you find someone posting such message and immediately have that deleted.

    If you get a media lead immediately send an email with information about the media lead to --- media at immigrationvoice.org

    By sharing sensitive information on the open forum please understand that you maybe destroying the hard work of everyone in the media effort. It takes lot of effort to get media stories. Each of our member is a PR agent for us and we have a well planned strategy to help this entire community and get the immigration issues solved.

    Thanks



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  • Saburi
    02-18 04:26 PM
    Sorry to say this but i do not think EB3 India or any other Catagory will move much in this coming April 2009 Bulletin, Reason for this is if there was any possible movement then this would have atleast moved by 1 month in the past 4 months.

    EB3 dates has not moved any further in the past few months and i don't think this will move any better before we see Bulletin for Sep 2009 as thats thier fisical year.

    I hope you guys are right as you can see mine is dec 2001 EB3 India but have stoped dreaming.

    Sorry if i have been any bitter to any of the guys here on the net


    Best Regards




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  • truthinspector
    09-14 10:12 PM
    Well said ! It seems some people are under the assumption here that every EB2 has a higher IQ and skill than every EB3. I dont know where that logic comes from. Not to offend any highly educated EB2/EB1, but I have personally known so many highly qualified engineers who are extremely incompentent. A person's skill has no direct correlation with the EB category under which (s)he is filed. In my current job, I also know a EB1 engineer whose skills were questionable and was recently kicked out.

    There is no reason to divide the community further. The notion of fairness is already destroyed due to pre-approved labor. I know someone who used it, and has a GC now. But guess what, he gets kicked out of any job every 6 months since he has no skills. Now , its easy for him to find a new job, since he has the GC. But 6 more months (or sometimes lesser) and he is jobless.

    A lot of people had applied in EB3 since EB3 was current for a fairly long time and their lawyers suggested them

    to do so to avoid additional documentation. Many of these people could have applied in EB2 as they had the required qualification including me (US masters). Just like you could have applied in EB1 since you have a Ph.D; but you decided to apply in EB2.

    The catagory on which a person applies for greencard doesn't necessarily reflect his/her capability or intelligence. After all, if Michael Dell or Bill Gates had to apply for green card they had to apply in EB3. On the other hand, a lot of EB2 filers just fabricated their resumes with years of experience to qualify for EB2. But that shouldn't overcast shadows on real EB2 peoples ability.

    I don't know from where you got your Ph.D but it definitely didn't inprove your ability to think rationally as evident in your post.



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  • beppenyc
    03-02 04:38 PM
    ok, one day is gone, now what`s will happen??




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  • pd_recapturing
    10-17 08:31 AM
    nk2000,
    Thanks a ton for opening up this new thread. I am going to send the letters.
    pd_recapturing



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  • optimystic
    09-10 08:22 PM
    EB3 -India: "Dukh Bhare Din Bite re Bhaia, Ab Sukh Aaio Re...":p

    How so ??

    You must have a EB3-I PD that is earlier than July 2001? I am hoping for good news myself this October or in the next couple months that follow :D




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  • slammer
    07-11 06:27 AM
    Here's the link

    http://mumbai.usconsulate.gov/cut_off_dates.html


    No good news for EB 3 WW ?!

    Rita



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  • pshah177
    09-11 04:05 PM
    Can't make it to the rally, but here's my minuscule contribution...

    $100
    Google Order #652610300768677

    Good luck to us all. IV has been a great community so far...




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  • Humhongekamyab
    06-11 01:17 PM
    I have a dumb question: when the above post refers to 25,000 EB2 and EB3 applications does it refer to 25,000 primary applicants or total (applicant and dependent) applications. Does anyone know? -- Thanks.

    I think it means total.



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  • soda
    08-12 12:23 PM
    Uscis will mark it received on the 3rd. Anyway, what's the difference?

    I was asking this because some agencies consider the post marked date as the date the appllication was filed. But thanks for the response




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  • StarSun
    05-07 10:22 AM
    Please call the Senator offices repeatedly and ask your friends to call the senators too. This is very important for CIR.

    We are making a difference.........



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  • gsc999
    07-14 08:38 PM
    Running total so far $608

    Good work. Let keep rolling.




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  • mpadapa
    07-11 08:40 AM
    Great news for EB2 folks.
    If EB2-I moves to June 2006 then EB2 C will almost be in the same or better position. So June 2007 bulletin folks aka EB2-C (Jan 2006) will be the main beneficiary. EB2 I folks who are lucky with RD before the current processing dates (mid July) can expect surprise mails. Good luck



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  • vpadman
    01-04 09:27 AM
    Has anybody called the USCIS customer service number regarding AP ?

    If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?




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  • bajrangbali
    06-11 04:58 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.

    Dude..have fun and good luck with your investment...




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  • raysaikat
    01-06 05:23 PM
    I did not see MS in any discipline.

    They had PhD CS also; my friend got PhD from there.

    They also had something like a CS diploma (don't remember details). They had 10 (??) theoretically sound courses. Students in most US schools will not be able to handle these courses.

    However, course content is not the only strength of US Education (all levels). Something else (which is hard to enumerate and quantify) happens outside the classes. But it does not happen to everyone: some are not receptive and others don't run into it!

    Yes, TIFR is a very good institute, especially in Physics and Mathematics (and CS is a mathematics discipline).




    GCwaitforever
    05-02 10:10 AM
    Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?

    Absulutely agree. Also $144,000 in some areas translate to $90,000 in some other areas depending on cost of living, taxation etc... Not all spouses work. So for them, every bit of Government stimulus is needed.




    la6470
    03-07 12:44 PM
    Everyone feel like giving up but none of us give up :)

    I think all of us gave up - i.e gave up on our home country when we decided to settle here- there is nothing more to give up .. we are all just waiting passively for whatever destiny (USCIS and the economoy) has to hand it to us........... there is nothing to give up because nothing was yours from the beginning and nothing you will take with you when it is time to go.



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