qplearn
12-18 04:35 PM
qplearn that was a good one. !!!!!!:)
For the benefit of non-Indian members of our group. "-giri" is the slang for "-ism" in hindi(one of India's many languages.) So Gandhism translates to Gandhigiri....
LOL I should have guessed that. My Hindi is getting rusty :(
For the benefit of non-Indian members of our group. "-giri" is the slang for "-ism" in hindi(one of India's many languages.) So Gandhism translates to Gandhigiri....
LOL I should have guessed that. My Hindi is getting rusty :(
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alterego
07-06 04:33 PM
I think they have to be current when they get an appointment or something like that. I am pretty sure that they accounted those 18k as CP numbers
See what I was saying. They are not supposed to grant CP appointments and approvals in July per the regulations. They have decided to bend the rules to approve the currently pending 485s and CPs. They came up with this lame excuse that since the visas were already shipped out to the consular posts ................yada yada. Point is as I said they can't do 18K CP applicatrions in a day at the consulates the way they seem to have done for the 485s. Even this I am not sure.
I doubt whether they have sent out all 60K 485 approvals either, they probably will in the course of the next month or thereabouts.
I'll say it again, they want 485s out but they don't want them in for whatever reason. It is getting clearer.
See what I was saying. They are not supposed to grant CP appointments and approvals in July per the regulations. They have decided to bend the rules to approve the currently pending 485s and CPs. They came up with this lame excuse that since the visas were already shipped out to the consular posts ................yada yada. Point is as I said they can't do 18K CP applicatrions in a day at the consulates the way they seem to have done for the 485s. Even this I am not sure.
I doubt whether they have sent out all 60K 485 approvals either, they probably will in the course of the next month or thereabouts.
I'll say it again, they want 485s out but they don't want them in for whatever reason. It is getting clearer.
godspeed
12-11 04:25 PM
Folks,
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
2011 1986 Chevy Monte Carlo SS
Libra
09-11 10:47 PM
thank you northstar for contributions and hope you can make it to rally.
more...
rex
09-24 12:59 PM
Ok. Now lets say I have EAD cards for me (primary applicant) and my wife. I can now have my wife start a company and have a job position similar to where I work. Now after 180 days, can I work for my wife's company invoking AC21 with my EAD??:D
and so when an RFE comes from USCIS , can this be shown as the similar job offer?
Really speaking, The USCIS only wants a promise of employment when they are adjudicating form 485 saying that I will be given a job after I get my green card:). So can I literally work anywhere for any job using my EAD until green card gets fully approved as long as I have a promise of employment (by my wife's company)? :p
Ofcourse i am risking the chance of being out of status if my 485 gets denied. i just want to make sure it wont get denied because the "similar job" offer is from my relatives (wife's) company.
any thoughts??:confused:
Rex
and so when an RFE comes from USCIS , can this be shown as the similar job offer?
Really speaking, The USCIS only wants a promise of employment when they are adjudicating form 485 saying that I will be given a job after I get my green card:). So can I literally work anywhere for any job using my EAD until green card gets fully approved as long as I have a promise of employment (by my wife's company)? :p
Ofcourse i am risking the chance of being out of status if my 485 gets denied. i just want to make sure it wont get denied because the "similar job" offer is from my relatives (wife's) company.
any thoughts??:confused:
Rex
freedom_fighter
07-05 04:15 PM
Are you insane ? Just because we don't see what IV core/other members contribute behind the scenes, doesn't mean that we should change the IV core. I was a quite member for a while and saw, what IV was able to accomplish during the July 2007 fiasco.
Yeah , i can understand the frustration, we have not seen anything beyond the July 2007 filing. How many of you've taken out on the streets, went to your senator and congress.
We are such a minority in eyes of congress/senate, that they dont care about us.
If you've any better means to do something effective, by all means create some other organization. I don't necessarily agree with what IV pushes for all the time, but so what , they are doing something atleast.
Still, if you think you've an idea or something that can cause a real impact, share it here and i'm sure IV will accommodate you. I would be happy to see the end of this legal immigration red-tape and see the end of IV for a good cause. IV core are ppl just like us, if you want to devote more time, by all means ask IV and they will include you.
Ultimately, we all care about getting the job done. End to this insane wait and red-tape.
my 2 cents
Yeah , i can understand the frustration, we have not seen anything beyond the July 2007 filing. How many of you've taken out on the streets, went to your senator and congress.
We are such a minority in eyes of congress/senate, that they dont care about us.
If you've any better means to do something effective, by all means create some other organization. I don't necessarily agree with what IV pushes for all the time, but so what , they are doing something atleast.
Still, if you think you've an idea or something that can cause a real impact, share it here and i'm sure IV will accommodate you. I would be happy to see the end of this legal immigration red-tape and see the end of IV for a good cause. IV core are ppl just like us, if you want to devote more time, by all means ask IV and they will include you.
Ultimately, we all care about getting the job done. End to this insane wait and red-tape.
my 2 cents
more...
GCwaitforever
04-30 10:56 AM
Those numbers can be misleading. USCIS does not count petitions pending under FBI Name Check as backlogged.
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vegasbaby
02-25 11:09 AM
To those with H-1 extension issues:-
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
I don't think they are more experienced..I think they just need the more $1000 bucks that we pay..Money talks..
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
I don't think they are more experienced..I think they just need the more $1000 bucks that we pay..Money talks..
more...
ohmasala1
06-10 12:46 PM
USCIS to Issue Two-Year EAD for I-485 Waiters at End of June 2008
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
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sparky_jones
09-10 09:45 AM
Looks like last night's particle accelerator experiement sent us back in time!:D
more...
dtekkedil
09-14 01:03 PM
Great job Milind!
Keep it up! You should be our "guest of honor" at the rally!
How about we build a "wooden" chair and carry you around at the rally? Not to mention lots of flower garlands! :)
What do you say folks?
Keep it up! You should be our "guest of honor" at the rally!
How about we build a "wooden" chair and carry you around at the rally? Not to mention lots of flower garlands! :)
What do you say folks?
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DSJ
07-06 01:03 PM
He is trying to spin a news and get a answer of his comfort. Guyz never stop :)
Dude enough of your and your lawyer's crap. I just checked your last post. This is what you claim your lawyer said.
--------------------------------------------------------------------------------
I called my lawyer he said the are accepting applications which reached there before 12:15. does anybody have news like that or he just lying....
Dude enough of your and your lawyer's crap. I just checked your last post. This is what you claim your lawyer said.
--------------------------------------------------------------------------------
I called my lawyer he said the are accepting applications which reached there before 12:15. does anybody have news like that or he just lying....
more...
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lonedesi
08-11 12:58 PM
Wondering how many members who answered in the poll that they are victims of slow processing actually got to participate and join in this campaign. People who mailed out letters & DHS Form 7001, please post so that we can motivate others to join this campaign.
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mzafar125
05-02 09:30 AM
Hello,
Just wanted to let you know that I received my refund yesterday. My wife and I filed a joint return. We both have SSN's. Just relax folks if you filed your taxes you will receive the refund. I had hoped the money could have been put to better use but oh well the politicians know better.
PD Oct 2002 ROW
485 files in June 2007
Still waiting for that darn GC
Just wanted to let you know that I received my refund yesterday. My wife and I filed a joint return. We both have SSN's. Just relax folks if you filed your taxes you will receive the refund. I had hoped the money could have been put to better use but oh well the politicians know better.
PD Oct 2002 ROW
485 files in June 2007
Still waiting for that darn GC
more...
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gcwonder
10-24 12:12 PM
mailed the letters
dresses Advertisement :
obviously
09-14 09:51 PM
Please read my above post you might get an answer
An EB3 ended up doing a part-time Masters in the US and then is eligible for a job that qualifies under EB2?
Point is, let us stop playing permutation politics and focus on what matters most... but I guess it is hard to ask folks to forget their inborn / bred selfish nature and myopic world views...
An EB3 ended up doing a part-time Masters in the US and then is eligible for a job that qualifies under EB2?
Point is, let us stop playing permutation politics and focus on what matters most... but I guess it is hard to ask folks to forget their inborn / bred selfish nature and myopic world views...
more...
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tikka
07-18 02:06 PM
50$ each month.
for your contribution... :)
for your contribution... :)
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kumar1
08-20 11:28 PM
Missouri story - I was sent home by DMV office, reason, I was not carrying my latest Pay stubs. I hate these Midwestern states...they were sleeping before 9/11 and suddenly woke up and squeezed their asses. Can you imagine, ignorant DMV in Missouri gave me DL on B1/B2 visa in 2000? I showed them Passport as proof#1 and US visa as proof#2 and ignorant officer said...you are good to go! Now 7 years later, it is written in bold over there....
ONLY US CITIZENS walk away with DMV, rest everyone go through USCIS.
Just like in a desi shop in arm pit state New Jersey I saw this..."IN GOD WE TRUST, REST EVERYONE PAY CASH"
I knew I will have issues with DMV so I paid extra 1000 to get H1B premium and retained my privilege to drive. Believe me guys....this is America.....spend more...save more!
ONLY US CITIZENS walk away with DMV, rest everyone go through USCIS.
Just like in a desi shop in arm pit state New Jersey I saw this..."IN GOD WE TRUST, REST EVERYONE PAY CASH"
I knew I will have issues with DMV so I paid extra 1000 to get H1B premium and retained my privilege to drive. Believe me guys....this is America.....spend more...save more!
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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.
:)
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.
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
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
caydee
06-02 09:00 AM
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
Based on the information provided, I believe your son will not be affected.
Please help others who aren't so lucky by writing to senators and house representatives on the age-out issue. You could add this issue to IV's standard letter. None of the bills being considered currently benefit children of would-be legal immigrants, while the children of illegal immigrants are protected by the proposed DREAM ACT.
Appreciate your contribution to IV.
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
Based on the information provided, I believe your son will not be affected.
Please help others who aren't so lucky by writing to senators and house representatives on the age-out issue. You could add this issue to IV's standard letter. None of the bills being considered currently benefit children of would-be legal immigrants, while the children of illegal immigrants are protected by the proposed DREAM ACT.
Appreciate your contribution to IV.
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