JazzByTheBay
09-10 09:01 PM
Then there's no point in being a member of IV.
When we've come together in an organized fashion, things have happened - although not as frequently and not to the exact extent that we've wanted.
If you believe nothing will change - perhaps it's time to move on and stop logging on to IV forums and worrying yourself silly about this.
If inaction and giving up is part of your nature, there's little help outside of therapy - no offense meant.
If we can continue to organize and keep working towards the goals, perhaps some headway can be made. Those who spearheaded such efforts knew it wasn't a sprint to the finish.
Question is...how much pushing would be needed when v very well know that whatever noise v make is never to be heard ???
When we've come together in an organized fashion, things have happened - although not as frequently and not to the exact extent that we've wanted.
If you believe nothing will change - perhaps it's time to move on and stop logging on to IV forums and worrying yourself silly about this.
If inaction and giving up is part of your nature, there's little help outside of therapy - no offense meant.
If we can continue to organize and keep working towards the goals, perhaps some headway can be made. Those who spearheaded such efforts knew it wasn't a sprint to the finish.
Question is...how much pushing would be needed when v very well know that whatever noise v make is never to be heard ???
wallpaper new entrant Zarine Khan,
learning01
04-25 01:56 PM
Let's talk about how backlog has affected us or our green card process. Let's discuss, write, post here about how to ask law makers to increase visa numbers for green cards affected by retrogression. Let's ask the USCIS to revert for concurrent filing. Write about these. Write letters to editors, to law makers, to companies. Let's stay focussed. Already there is the CIR is stalled for lack of agreement between Sen. Frist and Sen. Reid.
Let's take this PD definition discussion offline, as at present this is not a goal of IV. Am I correct?
The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
Let's take this PD definition discussion offline, as at present this is not a goal of IV. Am I correct?
The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
langagadu
03-04 12:19 PM
do have your 140 approved?
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
2011 asin-zarine-khan-and-
akhilmahajan
09-14 02:04 PM
Ppl dont deserve, its their right. If they understand the meaning of deserve, they would be in DC with families.
But we educated ppl still think we dont deserve.
I dont know when we will come out of our comfort zone.
Its very easy to find 1000 cowards but always hard to find 1 brave person.
I am sure all our educated brethern are BRAVE ppl, but i think hesitant to show it outside their comfort zone.
Go IV Go
It's on September 18th or Never.
But we educated ppl still think we dont deserve.
I dont know when we will come out of our comfort zone.
Its very easy to find 1000 cowards but always hard to find 1 brave person.
I am sure all our educated brethern are BRAVE ppl, but i think hesitant to show it outside their comfort zone.
Go IV Go
It's on September 18th or Never.
more...
valuablehurdle
06-21 11:32 AM
Checked with my lawyer. 20 cases pending since January. Atlanta..
My Labor was filed April 15th, 2007. EB2. 'In process'.
My Labor was filed April 15th, 2007. EB2. 'In process'.
hopefullegalimmigrant
01-04 01:27 PM
helpless situation. Got to stay cool :cool:
more...
eastindia
03-06 09:32 PM
Heres the sliver lining of all this immigration mess. So I wonder if GC had been a smooth process would I have still discovered the beauty of the Gita?
Seems to me that Gita is your GF/Wife .......?
This is corrupt thoughts about spirituality just like modern day sadhus who sleep with GFs and make tons of money for themselves. If you really care about Gita and spirituality what are you doing here chasing dollars. You should be back in India and live a true sanyasi life.
Seems to me that Gita is your GF/Wife .......?
This is corrupt thoughts about spirituality just like modern day sadhus who sleep with GFs and make tons of money for themselves. If you really care about Gita and spirituality what are you doing here chasing dollars. You should be back in India and live a true sanyasi life.
2010 Zarine Khan and other
gcdreamer05
08-13 04:36 PM
so any hopes about what would happen on oct 2008 bulletin for eb3, will it go back to nov 2001 or atleast will it go to 2003 :(
It looks like a long wait for us eb3 folks.........
It looks like a long wait for us eb3 folks.........
more...
DSJ
07-06 01:15 PM
Forgot in a hurry, it is updated now
ok this is from Oh's website..pelase always quote source.
ok this is from Oh's website..pelase always quote source.
hair Zareen Khan to wear ikini
addsf345
12-02 07:54 PM
There is a different thread also going on, but sharing it here for anyone who have not noticed it yet. RG updated his website with below information.
Good news concerning AOS denials based on I-140 revocations
(http://www.immigration-information.com/forums/showthread.php?p=25832)
Good news concerning AOS denials based on I-140 revocations
(http://www.immigration-information.com/forums/showthread.php?p=25832)
more...
anurakt
12-18 02:32 PM
# nycgal369, Senior Member like you coming up with this idea...hmmm..
Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.
First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?
My point is not to discourage but just for a reality check
I completely agree.....
Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.
First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?
My point is not to discourage but just for a reality check
I completely agree.....
hot zarine khan
9years
12-10 08:00 AM
Hello 9years: Thanks for sharing the info all along. A quick question:
I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.
Is this recommended or should we do regular premium 140 and request date porting once its approved?
If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?
Thanks,
Hi AllVNeedGcPc,
Congrats on your labor approval. As already mentioned doing premium does not hurt but it will expedite the process(to my knowledge). Talk to your attorney and company. They are the one who supposed to take decision. In my case Eb2-140 approved copy has priority date of EB3. Porting request also does not hurt and it could do better. Best of luck.
I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.
Is this recommended or should we do regular premium 140 and request date porting once its approved?
If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?
Thanks,
Hi AllVNeedGcPc,
Congrats on your labor approval. As already mentioned doing premium does not hurt but it will expedite the process(to my knowledge). Talk to your attorney and company. They are the one who supposed to take decision. In my case Eb2-140 approved copy has priority date of EB3. Porting request also does not hurt and it could do better. Best of luck.
more...
house Zarine Khan | Saidah Jules
Humhongekamyab
03-03 01:47 PM
Actually you and I are "somebody" too!
Good one.
Good one.
tattoo of zarine khan in ikini,
trueguy
08-14 10:50 PM
actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact
I agree. Nobody wants to talk about EB3-I, not even core IV.
I agree. Nobody wants to talk about EB3-I, not even core IV.
more...
pictures While Zarine Khan is getting
caliguy
09-09 03:05 AM
Good luck guys! Thanks for all the hard work each of you are putting in.
Transaction ID: 8NY02905F8401260H
Contributions so far: $440
Transaction ID: 8NY02905F8401260H
Contributions so far: $440
dresses zarine khan in veer movie with
485Mbe4001
08-18 12:23 PM
you can modify the letter posted by mirage to include your details. i had updated it to the following.
I understand that the visa allotment process is constrained by the laws passed by the Congress, USCIS should also understand that applicants from retrogressed countries that have spent significant years of their careers waiting without any indication or guidelines as to when their dates will be current. I am sure everyone will understand the futility of waiting in a line where your position keeps increasing or decreasing every month with no end in sight.
It will help us make concrete long term decisions if you could provide the following information for the retrogressed countries.
-- number of pending EB1, EB 3 and EB 2 AOS cases per year for retrogressed countries from 1999-2008.
-- number of unallocated EB visas from 1996-2007
I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.
I understand that the visa allotment process is constrained by the laws passed by the Congress, USCIS should also understand that applicants from retrogressed countries that have spent significant years of their careers waiting without any indication or guidelines as to when their dates will be current. I am sure everyone will understand the futility of waiting in a line where your position keeps increasing or decreasing every month with no end in sight.
It will help us make concrete long term decisions if you could provide the following information for the retrogressed countries.
-- number of pending EB1, EB 3 and EB 2 AOS cases per year for retrogressed countries from 1999-2008.
-- number of unallocated EB visas from 1996-2007
I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.
more...
makeup Kat look-alike Zarine Khan
bharol
08-16 10:24 PM
Looking at the recent approvals looks like USCIS does the following:
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
girlfriend zarine khan
Caliber
03-03 03:51 PM
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves. Saburi
I understand your pain Saburi. With a PD of Oct 02 itself, I feel being tortured, depressed. When Obama came, I had some hope. But now, no more hopes...
I understand your pain Saburi. With a PD of Oct 02 itself, I feel being tortured, depressed. When Obama came, I had some hope. But now, no more hopes...
hairstyles HOT ZARINE KHAN Pics Looking
guest1978
08-11 07:33 PM
sandy2575,
What category/country and what PD?
I am July 2nd filer, Got finger print notice from NSC with notice dated 8/7.
What category/country and what PD?
I am July 2nd filer, Got finger print notice from NSC with notice dated 8/7.
hopefulgc
05-25 01:34 PM
Santb1975 is right.
If we stopped trying every time we failed we would not be here, we would still be in the caves looking for the next big invention.. the wheel.
Hell, if your folks stopped trying, you wouldn't be here in the first place.. hope you catch my drift :)
Every time we work on a bill we move a step forward. We have come a long way in the past 2 years. Some bills came and went and did not bring us any relief but that should not stop us from working hard when we see the next window of opportunity.
If we stopped trying every time we failed we would not be here, we would still be in the caves looking for the next big invention.. the wheel.
Hell, if your folks stopped trying, you wouldn't be here in the first place.. hope you catch my drift :)
Every time we work on a bill we move a step forward. We have come a long way in the past 2 years. Some bills came and went and did not bring us any relief but that should not stop us from working hard when we see the next window of opportunity.
makemygc
10-25 11:59 PM
I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
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
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
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
No comments:
Post a Comment