arihant
08-08 02:38 PM
After reading the op-ed by Pankaj, I had the following questions: Has the SKIL bill already passed the Senate? I know it is included as part of CIR. But, what happens if CIR gets thrown out?
wallpaper 42 Funny Political Cartoons 13
sonyyy
06-25 10:40 AM
I agree.
Uncertainty hurts but eventually, almost everybody will get what they want in this case.
Plus, think about it this way, without this current, you won't be able to file your 485 anyway till next year.
Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..
Uncertainty hurts but eventually, almost everybody will get what they want in this case.
Plus, think about it this way, without this current, you won't be able to file your 485 anyway till next year.
Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..
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
2011 for an awesome funny yet
vayumahesh
12-02 10:38 AM
GeetaRam,
I would say to follow your attorney's advice though I don't think of any issues with going for premium processing as you are with the same employer. My friend has recently filed I-140 under regular processing and got approval within 2 1/2 months. Just make sure if your attorney submitted porting request while filing new I-140 under EB2. All the best.
I would say to follow your attorney's advice though I don't think of any issues with going for premium processing as you are with the same employer. My friend has recently filed I-140 under regular processing and got approval within 2 1/2 months. Just make sure if your attorney submitted porting request while filing new I-140 under EB2. All the best.
more...
dhesha
09-08 12:10 PM
Yes. Is there any Legislation/or anything that can be worked on to make it a Law for getting Citizenship application eligibility after 5 years (or 6 years considering time to process fingerprint/medical/etc..) of I-485 application Provided, it is been Pending for years becoz of Visa-Unavailability from state.
Does any one among the Core IV committee aware or any such point?
If anything best the Core IV can do for all us, then it should be this one. Not sure what is their opinion about it. At least we should try for it since it is covering majority of us to get benefited.
Does any one among the Core IV committee aware or any such point?
If anything best the Core IV can do for all us, then it should be this one. Not sure what is their opinion about it. At least we should try for it since it is covering majority of us to get benefited.
sam_hoosier
08-26 01:47 PM
I know this is not the Forum to discuss this matter.
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
I am not sure thats correct.
Per IRS regulation Section 163 (C), as well as Publication 936, interest paid on primary and secondary residences up to an aggregate one million dollars in loan amount is tax deductible. The IRS regulation does not specify that the home must be located in the United States, and thus it seems logical that interest paid on a home loan on property in India is in fact deductible
(please consult your tax advisor for applicability to your specific tax situation).
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
I am not sure thats correct.
Per IRS regulation Section 163 (C), as well as Publication 936, interest paid on primary and secondary residences up to an aggregate one million dollars in loan amount is tax deductible. The IRS regulation does not specify that the home must be located in the United States, and thus it seems logical that interest paid on a home loan on property in India is in fact deductible
(please consult your tax advisor for applicability to your specific tax situation).
more...
rav
01-05 12:33 PM
I havent received my 45 day letter yet ?
PD JUN2002
state : DC
PD JUN2002
state : DC
2010 Editorial cartoons can be
mayhemt
06-24 08:47 PM
Actually there are 2 sides to these questions.. (Of course I am also one of the EB3 aspirants.)
1. What is America losing because of our prolonged wait for Green Cards?
America would be losing on intellectual grounds. Most of the people waiting in the never-ending GC queue are ready to give up their spot, if they get good opportunities elsewhere, eg: UK, Canada, Australia, However it is not going to put a dent overall intellectual pool.
America would be gaining in terms of revenue & employment creation:
Filing fees, Attorney fees are the visible ones. The non-tangible ones being social security fund & medicare fund, Income tax, employer's insurance premiums. Most likely, the silent immigrant going back to his home country or another country is not going to ask for social security benefits/Medicare. Social Security in particular which is in desperate need of repairs greatly appreciates the immigrant going back.
The wait creates lot of employment in terms of immigration personnel, attorneys, USCIS systems' maintenance. Consider this: A credit card processing bank does more checks on an individual/card while processing an authorization. What if the whole immigration system has been automated (instead of today's almost fully paper-based immigration processing)? Even with automated systems in place (eg PIMS), there are massive delays. But the complete reform would hit a huge employment soft spot. How much would it take to hook up a terminal in an overseas consulate, thru which the consulate officer can check the petition validity then & there itself, accessing it from a Centralized database? Heck they should learn it from Yahoo or Google, to access systems from anywhere in the world.
2. How people who have green cards are contributing to the country as a whole ?
By contributing to income tax. A person with green card is more likely to get more opportunities than a person on H1. H1 holder is constantly nagged with endless paperwork, dependencies, expiration dates. A green card holder can switch to different companies or start his/her own business, thereby earning for himself & paying more on income tax & possible his/her business tax.
A permanent resident has already gone thru ton of checks/regulations eg: Criminal checks, medical tests. If the same tests were put thru for Americans, how many are really going to pass? Green card holders (or even H1 worker) stick to all rules, regulations, pay their bills without being a threat to American society.
On the other hand, green card holders/H1s need not sign up for defense service selection (above the age of 24). Lost American jobs is whole different ball game.
3. What if the whole green card process takes less than 3 years ?
If it takes less than 3yrs, it will certainly make lot of IVians & happy, including me. But we are not in Utopian world.
On the other hand, there will be huge influx of immigrant applications. Slowly immigration population would become large chunk in administrative areas, they may even reach Washington.
1. What is America losing because of our prolonged wait for Green Cards?
America would be losing on intellectual grounds. Most of the people waiting in the never-ending GC queue are ready to give up their spot, if they get good opportunities elsewhere, eg: UK, Canada, Australia, However it is not going to put a dent overall intellectual pool.
America would be gaining in terms of revenue & employment creation:
Filing fees, Attorney fees are the visible ones. The non-tangible ones being social security fund & medicare fund, Income tax, employer's insurance premiums. Most likely, the silent immigrant going back to his home country or another country is not going to ask for social security benefits/Medicare. Social Security in particular which is in desperate need of repairs greatly appreciates the immigrant going back.
The wait creates lot of employment in terms of immigration personnel, attorneys, USCIS systems' maintenance. Consider this: A credit card processing bank does more checks on an individual/card while processing an authorization. What if the whole immigration system has been automated (instead of today's almost fully paper-based immigration processing)? Even with automated systems in place (eg PIMS), there are massive delays. But the complete reform would hit a huge employment soft spot. How much would it take to hook up a terminal in an overseas consulate, thru which the consulate officer can check the petition validity then & there itself, accessing it from a Centralized database? Heck they should learn it from Yahoo or Google, to access systems from anywhere in the world.
2. How people who have green cards are contributing to the country as a whole ?
By contributing to income tax. A person with green card is more likely to get more opportunities than a person on H1. H1 holder is constantly nagged with endless paperwork, dependencies, expiration dates. A green card holder can switch to different companies or start his/her own business, thereby earning for himself & paying more on income tax & possible his/her business tax.
A permanent resident has already gone thru ton of checks/regulations eg: Criminal checks, medical tests. If the same tests were put thru for Americans, how many are really going to pass? Green card holders (or even H1 worker) stick to all rules, regulations, pay their bills without being a threat to American society.
On the other hand, green card holders/H1s need not sign up for defense service selection (above the age of 24). Lost American jobs is whole different ball game.
3. What if the whole green card process takes less than 3 years ?
If it takes less than 3yrs, it will certainly make lot of IVians & happy, including me. But we are not in Utopian world.
On the other hand, there will be huge influx of immigrant applications. Slowly immigration population would become large chunk in administrative areas, they may even reach Washington.
more...
sc3
09-14 11:08 AM
This is really sad. I dont expect Eb2s to understand EB3's plight, but to blame the EB2 backlogs on EB3, and the false accusation that we are getting EADs out of turn -- that is simply disgusting. While you are at it, why dont you blame EB3s for all the ills in the world, say the war in Iraq, Darfur issue, the gas prices, terrorism, the housing collapse in USA, Nazi genocide. Please feel free to explode the list at your will. You are obviously more wizened than EB3s, so we might be doing things without our knowledge.
I hope there is more and more EB3 interfiling, so that these "holier-than-thou" EB2s get their misplaced sense of superiority smashed to smithereens, and get to know the pain of waiting for long periods of time.
Most EB2 justify the need for getting their GCs sooner is because they have been here longer (throwing out numbers like 1995, and such). They dont even realize that the actual "wait counter" starts after filing for GC. If you could not hold on to a job or joined a job that did not sponsor your GC earlier. that is your fault. Not USCIS' not EB3s' yours. Get it. YOURS!.
If you are so special take some time to read the law. Labour substitution was not defined in the laws, which is why it got explicitly junked. PD porting is part of the law.
If you want to work on an action item work on 5882.
I hope there is more and more EB3 interfiling, so that these "holier-than-thou" EB2s get their misplaced sense of superiority smashed to smithereens, and get to know the pain of waiting for long periods of time.
Most EB2 justify the need for getting their GCs sooner is because they have been here longer (throwing out numbers like 1995, and such). They dont even realize that the actual "wait counter" starts after filing for GC. If you could not hold on to a job or joined a job that did not sponsor your GC earlier. that is your fault. Not USCIS' not EB3s' yours. Get it. YOURS!.
If you are so special take some time to read the law. Labour substitution was not defined in the laws, which is why it got explicitly junked. PD porting is part of the law.
If you want to work on an action item work on 5882.
hair political cartoons,
rahulpaper
01-23 03:58 PM
What option did you choose for Infopass?
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funny
07-14 03:19 PM
To: IV
Amount: $ 10.00
Payment Date: July 15, 2008
Reference Number: 10011
Amount: $ 10.00
Payment Date: July 15, 2008
Reference Number: 10011
hot KAL#39;s cartoon | Political
softcrowd
12-27 09:04 AM
The notion "If you enter back on H1B, your GC process is abandoned" is utterly wrong. AP is an interim benefit which you may or may not use. Actually there are few people who never applied for EAD/AP due to various reasons....
Your 485 is just not impacted no matter you use your EAD/AP or h1B while reentering!
Your 485 is just not impacted no matter you use your EAD/AP or h1B while reentering!
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house of the political cartoons
immigrationmatters30
07-11 02:52 PM
What do you guys think would be happen in SEP ? do you guys expect any forward movement.I still have not filed my I-485(yep, one of those unlucky ones who missed the boat).My PD is Aug-2007.
tattoo Funny Political Cartoons
kinvin
05-08 03:25 PM
Does anyone know about how much time the Labor department takes to approve a case under TR after the recruitment formalities are done by the employer.
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pictures Funny Political Cartoons
indio0617
03-09 11:02 AM
Still talking on asylum....
dresses The British Political Cartoon
chintainfogc
07-14 02:06 PM
Sent $ 25 via online bill pay
Confirmation Number: 7YB35-12VJB
Thanks
Chinta
Confirmation Number: 7YB35-12VJB
Thanks
Chinta
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makeup Funny Political Cartoons
pappu
08-06 11:17 AM
I checked with IV core and few attorneys regarding this issue. You will need the consent of the employer since we are dealing with I-140 petition. Please speak to your HR and try convincing them to support you. We are not asking USCIS to expedite our cases. All we are asking is follow the FIFO and process cases in an orderly manner.
Please do not be afraid of approaching your HR for help.
You are working for the company and helping the company grow and HR should support you in immigration matters.
Support from employers will go a long way in making your cases strong, whether it is writing to USCIS or lawmakers.
Please do not be afraid of approaching your HR for help.
You are working for the company and helping the company grow and HR should support you in immigration matters.
Support from employers will go a long way in making your cases strong, whether it is writing to USCIS or lawmakers.
girlfriend Funny Political Cartoons Of
ab_tak_chappan
08-15 08:53 PM
do u expect people to stick around even they get their GC? come on dude.. once anyone gets a GC they start working towards their next target. I don't see anything wrong in it:D:D
True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
hairstyles 42 Funny Political Cartoons 13
I_need_GC
02-27 02:16 PM
Feb 07 2008 I made an infopass appointment and saw an IO he accepts my request to expedite. Finally I get a LUD saying Documents mailed to applicant on Feb 20 2008. Then on feb 21 2008 I see a soft LUD Till today I have not received the AP. Do you thinking making an infopass appointment and requesting a copy will help. The problem is I should have been in Canada on the 9th. I don't know what else to do. This is ridiculous. Gurus please an suggestions:mad: This case was filed with the Nebraska Service center.
saimrathi
07-05 01:18 PM
Please send the contact info, I will call them too.. Iam from PA also..
Finally spoke to my congressman's Immigration contact in Bucks County PA.
He sounded supportive and said he will investigate the matter. I am going to call my state senators Sen Specter and Sen Casey's office as well.
People in PA, unite and call these lawmakers.
Finally spoke to my congressman's Immigration contact in Bucks County PA.
He sounded supportive and said he will investigate the matter. I am going to call my state senators Sen Specter and Sen Casey's office as well.
People in PA, unite and call these lawmakers.
Abhinaym
09-10 11:18 AM
I think these guys are just playing with our minds. They know how many applications are pending. At least they have a estimate and idea.
Now they will sit on these pending applications until the end of year and then suddenly move dates 2-3 years ahead and approve some GCs. Few will be happy and most of us will be disappointed.
Just curious, is it possible they have some reasoning to push applications to the end of the year? it'll be interesting to think of what could be the reason...
Now they will sit on these pending applications until the end of year and then suddenly move dates 2-3 years ahead and approve some GCs. Few will be happy and most of us will be disappointed.
Just curious, is it possible they have some reasoning to push applications to the end of the year? it'll be interesting to think of what could be the reason...
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