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  • HumJumboHathuJumbo
    09-10 11:36 AM
    I, for one, am happy with this Oct visa bulletin. This is how it should be. First give GCs to all those with < 2003 PD. You guys with 2006 and 2007 pd should be glad you even got to file I-485 and EAD. What are you bitching about?.





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  • leo2606
    09-28 08:37 PM
    But I think franklin posted earlier that she got her GC when the priority dates are not current. And shows about 5 EB3s from India got approvals during September whos PDs are on or after 2003.Do you think USCIS might have requested the visa number for their cases when their PD was current?


    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.





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  • ArunAntonio
    01-03 03:33 PM
    Test





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  • desi485
    11-26 01:19 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.

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

    Hmmm....I am still wondering...

    1> How much money an applicant will spend on MTR? on self, on dependents?
    2> How much money an applicant will bleed to move to US District Court?
    3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
    4> if he looses EAD job, will CIS again punish him for not having a job?
    5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
    6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?

    (sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)



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  • sbdol
    07-20 10:46 PM
    I must say I was really shocked !
    What the argument would one bring against recapturing of the lost visas ?
    People who are in the line will eventually get their greencards although going through much more suffering. So from the point of view of anti/proimmigrants the amendment does not change anything in the long run.

    If they were concenred about H-1Bs that part could be debated and split from the visa recapture issue.

    I wander how would many answer inevitable questions from the press about word & dead discrepancies. Practivally everybody who opposed CIR claimed that they suppor legal immigration but do not want to encourage those who broke the law and came here illegaly. It's like a movie where the truth reveals in the most unexpected form.
    Well at least they have shown their true faces now.





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  • nat23
    09-11 01:42 PM
    Cant attend. My contribution of 100$

    Order Details - Sep 11, 2007 2:04 PM EDT
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  • immuser
    07-20 04:51 PM
    http://www.immigration.com/newsletter1/dolsta1207.pdf

    there were 144,000 PERM's done between oct 2006- march 2007

    india, china have retro for both EB2 and EB3
    mexico, philippines and bunch of other countries have retro for EB3

    PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application

    Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.

    Many who had labor pending under the old system, applied in PERM also. So it is 144k minus duplicates. But, I have no idea know many are duplicates





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  • indio0617
    03-09 11:07 AM
    Sen : says he has several amendments (title 2) still to discuss

    6181, 6238, 6239, 6182 (mandatory federal response) , information sharing, deportability for criminal offenses


    Sen Specter: Says they will have another session next Wednesday, thursday for further amendments, markups. Title 2 will close. onto title 3 now..



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  • Pallavi79
    09-14 01:20 AM
    stop fighting just for yourself. fight for the community and get your GC on the way.





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  • GTGC
    09-11 10:12 PM
    Contributed $100 -Google order #620356280075982.
    Volunteering for the rally....and will be there on 18th!!

    This is history in the making guys we have to make its a huge success!!!Great job IV!!



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  • scottsmith
    09-15 03:33 PM
    Very well said there are ppl like "GCTest", that will start this thread try to divide the whole community instead of supporting HR 5882 & calling all the Committee Members.

    There are people that used
    1> Labor substitution
    2> Worked in LC backlogged state like CA, NY, TX etc but filed in fast moving states like Maine, NH etc..
    3> Applied in EB2 when their job requirements wasn't really EB2.
    4> Made up five years of experience so as to apply for EB2.
    5> Packaged NIIT diploma et al as masters..

    Then there are others Who applied in EB2 because they had a masters or genuine experience AND their job demanded EB2. Also people, irrespective of their categories, toiled at BECs.

    I would be a bit skeptical about folks that filed EB2 thru a body-shopper or a consulting company. It doesnt mean that EB3s are holier-than-thou and hasnt resorted to fraud.

    My point is, the whole system is biased against people who follow the rules.
    Unless you play the system ( using the points mentioned above), you have to wait and wait and wait..

    At this point, its hard to find out who belonged to the former category and who belonged to the later. Do you think people would come forward and accept?

    -Peace
    G





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  • eb3retro
    03-10 11:47 PM
    I received the rfe details today..Here is my list of documents needed by uscis

    1) updated properly completed form G-325A
    2) employment letter from my new employer to prove that i am working on the same/similar job as my LC (since I did not submit AC21 documents), I need to do it now, since I changed my address and the letter mentions that I am not staying in the same state as of my original LC and now they require AC21 documents.



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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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  • jimytomy
    04-11 08:15 PM
    @AllVNeedGCPC : Did you get any updates on your I-485 ?

    @gene77 : Any update on your REF ?

    Thanks!

    jimytomy



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  • Suva
    07-19 02:14 PM
    This is the way it is going to work

    I-485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.





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  • snathan
    05-15 07:30 PM
    Ok - any ideas how we can ask? What fee waiver are we asking for?

    We need to understand if there is a system in place for fee waiver?

    To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.

    Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.

    I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.

    thats why we need innovative ideas to deal with this.

    Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.

    When its purely their mistake..why do we need to pay for the MTR. I am asking the fee waiver for the same. If they are not giving, we need to fight it in the court.



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  • Green.Tech
    06-17 02:55 PM
    ..willing to contribute today?





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  • ragz4u
    03-09 10:53 AM
    Provides an exception for refugees and asylees in Document Fraud Exception!





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  • Sakthisagar
    02-24 11:41 AM
    The Congressional Hispanic Caucus has successfully blocked consideration of all immigration legislation until amnesty is brought up for a vote. Unless and until the issue of amnesty is resolved, we aren't going to see anything. On the other hand, if amnesty is voted down, then expect to see just about everything else passed.

    The good news is that the jobs bill is ready to pass the Senate within the next day or two. On Thursday, they are going to have the health care summit. At that point, they will either decide to push the health care bill through via reconciliation, or go into extended negotiations with the Republicans. Either way, it definitely looks like a window might open up for CIR in the next couple of weeks.

    The above is what Ron Gotcher (imminfo.com) says rather gives hope for the future!





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    09-16 02:16 AM
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    Milind123
    09-14 10:59 AM
    A quick message and request�
    I did not check all the posts today. Will tend to it in the evening. If it disappears off the screen, someone, please bump it. Thanks



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