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  • gc_aspirant_prasad
    07-05 07:54 PM
    Hi Folks-
    We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
    Thx
    Aj
    Way to go !!




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  • gccube
    07-19 02:29 AM
    I personally believe that PD is more significant than the RD but it makes sense to me that RD may take precedence if the PD is current (as suggested by some members of the forum).

    But if we think that at all times RD is the order they process them what would happen in this scenario

    1. A guy with 2001 PD filed later and was 750,000 th guy in the queue of AOS applications.

    2. After accepting all the apps USCIS retrogressed the dates to 2002 Jan. That means that USCIS is asking for AOS apps which satisfy this PD. That means that a visa no is available as of that date for adjudication so the first new application received(after they are retrogressed) will be 750,001 th application.

    3. If RD is the only processing order at all times then 750,001th application will not be sent to an officer for review until all other 750,000 th applications with a better RD are processed.

    4. Assuming that this takes 3 years (for example) then they are accepting an application today which they are not going to even look at in the next three years and this is not making sense to me.

    5. If they are accepting the 750,001 th application because that application qualifies for a visa no then that should be processed before the other applications(barring for special cases FBi name check issues, RFEs etc). This means PD comes into picture when there is retrogression. So then they have to apply the same rule for the I-485 applications which are pending with them. They some how have to order them on the PD and I assume this should not be rocket science for them as that data is part of our AOS applications.


    Thanks everyone for your inputs.




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  • shekhar10c
    07-06 11:30 AM
    I think u r right. We shouldn't think abt our future in this country and nor abt the people who were in backlog as we r the one's who suffered the most.Y we have to suffer because of mis-communication between DOS n USCIS.If they will be taking our reaction in negative way let them. If they want to revive CIR(Legal immigration-point system) , let them do. If they do, the same as British did , let them. Let see our present, don't worry about future.If they think to throw us back to our home country ,the right they have , let them do. But i just want to say is that- if they made an inquiry over this issue,not only they'll hold all backlog cases that r approved now but also they will stop issuing new visa numbers till this is resolved-result -delaying the process more. It will definetely take time. The thing is atleast backlog is cleared now, so the process will move smoothly.But anyway lets fight for injustice done to us.Lets don't wait for oct opening.We want now!!!
    For last 2 weeks of June , we worked hard and delivered our application on 2nd july. Lets Do IT GUYS!!!!!:)

    EB-3;PD-March'2004












    My brothers in blood, please calm down� Mahatma Gandhi had his own way of fighting for freedom and so did Subhash Chandra Bose. They must have agreed and disagreed with each other on many things. But at the end of day, their motive was the same �Justice and Freedom�.

    We might have our differences, our opinions and ways of doing things, but we need to understand that our motive is the same. We should stop bickering with each other and concentrate on the main goal. We should keep encouraging our members to join hands and unite and fight for the cause.

    Though you might not agree with each other, you still need to see how severely the issue must have affected the other person which is why they are here and ready to fight.

    Please pull your swords to fight the injustice rather than fight with each other.

    PEACE!




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  • conundrum
    04-30 11:06 AM
    does the new 180 days rule apply to these numbers if they are not counting the ones stuck in name check?



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  • santb1975
    06-06 10:06 AM
    Chanduv - Great to see you back here and rallying IV'ans

    Come on IV heros - you can do it. Lets push this thread on top




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  • pappu
    12-10 04:06 PM
    Good they have seem to have read recently published IV analysis and recommendations and provided a much more detailed bulletin this month for the community.



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  • amsgc
    06-08 10:47 AM
    ^^




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  • skv
    06-28 01:52 PM
    Hello,

    My labor got approved today

    Category: EB2
    PD : Feb 5th, 2007

    Wish you all the best for everyone

    Great, best wishes! We're happy for you.



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  • bigboy007
    06-02 03:21 PM
    But all this applies to New cases right [dual intent option ]???? i still wish its after oct 2008 but as it reads it May 15 2007.

    BTw where does it say H1B is not dual intent ?




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  • skv
    06-18 04:01 PM
    I don't think it's possible, or people will all file to Chicago. There is one thing you can do though, which is to write to Atlanta center and express your concerns. Probably also write to the higher officials to the Department of Labor. I believe the more people write to them, the more chances they will look at it seriously.

    I have wrote to the office of DOL secretary, Elaine Chao, to express my concern and that the deplay could mean seriously delay for us, who live and work in the country legally, pay taxes and fees, to file for green card application. I suggest you all to do this.


    I agree. Email and call below dol personnnel as well.

    Tom Coyne on 312.596.5435.
    E-mail : coyne.tom@dol.gov



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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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  • she81
    08-13 05:01 PM
    Have you given a thought or spoken to a lawyer about starting EB2 PERM when your EB3 140 is pending? After your EB2 PERM is approved, you have 6 months before interfiling your EB2 140 with your EB3 PD. I think that is long enough for your EB3 140 too be approved.

    AFAIK, this can be done with little or no risk to your EB3.

    Yes, but my current company is not willing to file a second EB2 case for me.



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  • Nadiya
    07-18 04:25 PM
    Just made my first $100 contribution! Thanks so much for the effort in the last two weeks! IV rocks!




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  • ind_game
    05-15 11:01 AM
    dear members,
    please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.

    Ideas and suggestions are welcome.

    I would say we should start with local congressional office. Every case whether it is resolved or not should be taken to the attention of local congressional office.
    If members volunteer to do this, we could distribute districts among ourselves and take care of each district's congressional office. In that way we could raise the awareness among the lawmakers. I do agree that not every office will be friendly to immigrants like my district's congressional office, but we have to try.



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  • raj_vagc_oct02
    01-13 04:13 PM
    Hi All,

    I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.

    Thanks
    RAJ

    SWA: Virginia
    SWA Receipt Date (Priority Date): October 31,2002
    EB2 - RIR
    Forwarded to Philadelphia Regional DOL on June 22, 2004
    BEC Case Number: P-04282-*****
    45 Day Letter Received and Replied : Feb 2005




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  • Blessing&Lifeisbeautiful
    08-11 10:13 AM
    I filed my papers around the same time. Do you want to keep in touch and see how things go?

    Pls lets all keep in touch. My lawyer sent mine around the same time as well. Did anyone have to file with a visascreen? One law firm said that the EAD would be denied becasue of no visascreen!!

    I changed them for another law firm. Any other lawyers saying the same regarding visascreen?



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  • PHANI_TAVVALA
    09-01 01:47 PM
    Been here since August 1995 - came on F1 undergrad

    and counting. Looks like you were out of luck. You would have been an citizen if you started your greencard pre-1999.




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  • thomachan72
    12-15 01:00 PM
    Dear Friends,

    What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.

    please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.

    MC

    Excellent idea Michael Chertoff but let us wait till the nest summer:D:D




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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...




    sands_14
    09-29 10:22 AM
    SO,can we all try to get the unused visas recaptured.If they can do that for nurses and physical therapists ,they can do that to decrease retrogression.I dont think they require senate approval.
    Something is better than nothing.Lets push for recapture of unused visas.




    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.



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