Friday, June 10, 2011

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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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  • JAWAD
    05-03 09:33 AM
    Mine has a priority date of October 2002.
    Got the 45-day letter last January (2005) and responded - It's been 15 months since......and NOTHING.




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  • ashutrip
    06-16 06:44 PM
    If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.

    I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...

    Here is the info :
    email : Perm.DFLC@dol.gov
    Phone : 404-893-0101

    Thanks
    Champak (Same as 1 and 2)
    what is your PD?




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  • ras
    10-16 05:47 PM
    Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
    Issue/Background:


    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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.


    Should you have any 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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  • Milind123
    09-13 07:55 PM
    milind123...
    U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!

    GO IV!!!

    Thank you vandanaverdia. People who have never contributed please take this chance to contribute. Just need two more people to help me equal my yesterday's personal contribution.

    BTW why is the third person the most difficult to get? If my memory serves me correct, it is easy to start a round and also close it. Where are you 'the elusive third'?




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  • cooldude0807
    11-26 11:22 AM
    Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)

    If this is confirmed news, i will revisit my blog and make changes

    __________________________________________________ __
    I think they prefer for us to be on H1 rather than on EAD because its easy to travel in & out of the country if you are on H1. If you use EAD then one has to use travel doucments which technically is to be used in an emergency. This is just my opinion!!



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  • GC9180
    12-10 09:06 PM
    In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.

    If they are saying if spillover is used they would ensure eb2 I & C would have same PD dates. Since eb2 C is may 05 and for eb2 I to reach that date ( may 05) it would need at least 4k spillover visas...i think till then they would not a lot any spill over visas (1st 4k) to eb2 c .. and from that date onwards the spill over visas would be shared between I & C.




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  • deepimpact
    08-23 09:29 AM
    deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.

    1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
    2. The fee hikes of H1B & L1 visas.
    3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?

    You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.

    Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.

    Peace.

    I aplogize if I hurt someone. But don't shoot the messenger, I was trying to enumerate the possible impacts of the memo. And looking at current changes to employment based immigration policies be it about H1B,L1 or EB it appears they are trying to clamp down on rather lose interpretation of minimum requirements for these visa categories which has led to overuse and abuse of them.for e.g H1B going to lottery on the very first day in 2008.
    But it seems these specifications are about EB1 and EB2 with exceptional ability (not with advance degree category) where the requriements is just a list of 10 items without any emphasis on what is defined as a succesful crietria of meeting those items.

    I guess you may have got pissed off with my third point , believe me I am not one here to create EB2-EB3 divide. Because no change in legislation is going to be for a particular EB category, it needs to be for the entire EB. Be it visa recapture, per country limit removal or dependants not being counted.



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  • reddymjm
    06-10 06:30 AM
    cat India ROW
    -------------------------
    E3 Unavailable Unavailable
    E2 1 April 2004 Current
    source: http://mumbai.usconsulate.gov/cut_off_dates.html




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  • zinchak
    09-11 09:06 PM
    I have also posted about this drive on boards.immigration.com



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  • StarSun
    04-29 05:41 PM
    You can find the list of all US Senators currently serving listed alphabetically along with phone numbers U.S. Senate: Senators Home (http://www.senate.gov/general/contact_information/senators_cfm.cfm)

    class - Article I, section 3 of the Constitution requires the Senate to be divided into three classes for purposes of elections. Senators are elected to six-year terms, and every two years the members of one class�approximately one-third of the Senators�face election or reelection. Terms for Senators in Class I expire in 2013, Class II in 2015, and Class III in 2011.

    Lets get this moving!!!




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  • gc_mania_03
    07-07 11:32 PM
    The NYT Editorial is on reddit. Please go vote on it...

    Search for immigration malpractice.



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  • delhirocks
    07-28 06:55 PM
    Are you sure it was Atlanta and not Chicago?. Your timeline suggests it was applied in Chicago.
    My company applied for PERM ALC EB-2 category at Atlanta on 18th June 2007, got it approved on 20th June. Received hard copy on 26th June.




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  • gcwonder
    10-24 12:12 PM
    mailed the letters



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  • eb3_nepa
    07-14 05:42 PM
    Go to TOP

    Hey kevin can you please update your signature to reflect that you contributed towards this campaign and add the link to this thread to your signature.




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  • ajit77
    09-20 10:45 AM
    Hey I was in similar situation. My current H1 is expiring on Sept 30th 2007 and my extension application was filed on Aug 22nd 2007. So I was not expecting my H1 to be approved till way beyond Sept. But then I checked with Local DMV in virginia and they told me I can get a temporary 1 year extension on my DL if I can show them the receipt of my H1 extension application. I got that from my employer and my DL by extended by 1 Yr till Aug 22 2008 ( date when H1 was applied) my state is Virginia if that info helps.

    I am in a similar situation. Which DMV office did you visit in VA ?

    Thanks



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  • santb1975
    05-23 10:29 PM
    Thankyou for the contribution

    Contributed $100 today.

    Transaction ID: 6WL593393P795301W




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  • supplychainwalla
    05-02 09:43 AM
    Why is there so much discussion surrounding this stimulus package, I thought all of were highly skilled, high educated clique who made the big $$.
    I have seen numerous occasions where people boast of large pay packets, bill rates, and now this is a measly $1,200, an amount that could be made with working 2 days is generating such a huge discussion. This does not add up???




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  • Green.Tech
    06-01 03:07 AM
    Who will be the first one to contribute this fine Sunday?




    eb3_nepa
    07-15 10:52 AM
    I am very happy to see this campaign take off so well (touch wood). Thanks SkilledWorkerForGC for keeping track of contributions




    Libra
    09-11 12:15 PM
    thank you param_r, ritu_raj and kittu1991 for your contributions.



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