Sunday, June 19, 2011

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  • gcisadawg
    09-15 03:25 PM
    There are people that used
    1> Labor substitution
    2> Worked in LC backlogged state like CA, NY, TX etc but filed in fast moving states like Maine, NH etc..
    3> Applied in EB2 when their job requirements wasn't really EB2.
    4> Made up five years of experience so as to apply for EB2.
    5> Packaged NIIT diploma et al as masters..

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

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

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

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

    -Peace
    G




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  • agr
    08-12 09:29 PM
    Just curious to know .. Does this law apply to renewals as well or just new H1B applications ?

    Thanks --agr




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  • Buran
    10-13 11:25 AM
    For FY2006 (Oct 1st, 2005 - Sep 30, 2006) a total of 30,512 Schedule "A" visas were used.

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table07d.xls

    Schedule "A" was current from June 1, 2005 till October 31, 2006
    According to DHS statistics 5,125 schedule "A" visas were used in FY2005 (June 1st, 2005 - Sep 30, 2006).

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2005/table07.xls

    So, from June 1, 2005 till September 30, 2006 only 36,367 Schedule "A" visas were used.

    Now if 50,000 were available under schedule "A" what happen to 50,000-36,367=14,363 visas? I doubt very much that so many petitions were filed in October 2006 - the last month when this category was current and for new applicants the only option was AOS, even considering the fact that consulates conducted interviews in October, 2006 and November, 2006 they could not use 14,363 visas! Especially considering the fact that not all applications got approved (because of the Visacreen, etc).




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  • learning01
    04-25 02:06 PM
    offline means talk in private emails, private messages and send conclusions to IV core team for including in thier next goals, once most of present goals are achieved. Thanks. Let's concentrate on the main work here.
    I did'nt start this thread. I just expressed my opinion supporting it, when I saw others' express their views..

    I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...



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  • Keeme
    03-05 11:45 AM
    Our cases are with NSC. EB2. PD: Mar -06
    i responded to RFE last year. then case processing resumed.

    We saw LUD on all 3 cases on Friday. I called up IO at NSC and she told that
    LUD was because they applied biometrics to your cases. I told her i did not get 2nd FP
    notice ,we did not give any FPs. She said they have our new FPs in the system and applied
    the same.

    i am not sure what she is talking about???

    One possible reason could be, they might have reused our FPs given during EAD renewals few months back. But does it make sense to anyone? did anyone face the same experience?

    Thanks.

    Could be true ! That was my first thought and counted months since filing I-485. Its more than 19 month now . The Finger prints expires in 15 months.

    Considering they are running late and all these LUDs are for renewing your finger prints for next 15 months , why there are so many RFEs for people who don't have their PDs current ?




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  • ramus
    07-06 02:47 PM
    We should learn something from USCIS.. If they have worked hard for 48 hours on last weekend, we should work more this weekend and do whatever we can to help core members.
    __________________________________________________ ______________



    More important is the last 48 hrs where they processed 25000 cases
    AT-WILL.

    Ohh this guy has a good first name - 485 granted.
    Ohh this guy married twice,needs money - 485 granted.
    Ooh this girl doesnt look good - 485 denied.
    Ooh this girl has excellent looks - 485 granted.
    Ooh This couple stayed EUROPE not so loyal - 485 denied.

    and so on and so forth....



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  • dtekkedil
    10-01 04:26 PM
    I am curious..

    why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?

    I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?

    thanks,

    There is no law to allow re-capture of visa numbers as of yet. In fact it says the opposite in the existing laws - That the visa numbers may not be re-captured.

    There has been one case of visa recapture law passed during the Clinton administration and they did not allow a rollover recapture (I believe they recaptured the visa numbers that were lost between 1995 and 2000 only (please correct me if I am wrong about the years))




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  • Green.Tech
    06-18 04:31 PM
    No one but you need to work for yourself in this GC mess.



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  • ska_iit
    09-12 12:52 PM
    Hi IV members,
    Thanks for all the work and effort put into making the life of many simple.
    Just made a small contribution from my side
    Details
    $100 from paypal Receipt ID: 0140-0216-9540-2146
    Thanks
    -Ska




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  • starscream
    05-02 09:36 AM
    Received a direct deposit from IRS today of $1200. I am on H1B and my wife on H4 and both of us have SSNs. We had filed jointly.

    Also another friend of mine received his refud for a family of 4 - he is on H1B, wife on H4, both have SSNs, one daughter US citizen (has SSN) and another daughter Indian citizen (no SSN). He got 600 + 600 + 300= $ 1500.

    It all adds up...



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  • GayatriS
    01-08 06:43 PM
    And respect and humility are another thing that differentiate us Indians from others!




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  • diptam
    08-11 03:05 PM
    Hey,
    Looks like my employer will fill up the 7001 form but how about the main letter. Does that needs to be signed and addressed by employer as well ?

    Because the Link for 7001 doesn't talk about sending a separate cover letter.

    http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

    Thanks,
    Diptam

    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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  • 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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  • Libra
    09-10 01:36 PM
    Thank you guys, you guys are the best. It would be really great if you all can make it to rally. who can't make it, thanks for contribution.



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  • dval_dpal
    12-12 08:53 AM
    I have refinanced with Wells Fargo without any issues. If you need more details, please PM me.


    your help would be helpful....

    i'm also doing refinance with wellsfargo...(submit I-140, EAD)

    they r asking for Green card...

    If i send I-485 receipt now, would it be enough???

    thank you




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  • GotGC??
    01-04 02:45 PM
    ...here is the latest example (http://timesofindia.indiatimes.com/NEWS/India/For_IITians_today_home_is_where_the_moolah_is/articleshow/1054987.cms).


    'One leg of an IITian is in India, the other in Air India' went a popular wisecrack of the late 1980s and early '90s. No longer. The brain drain from IITs has diminished to a trickle, with only 21 out of 3,980 BTech graduates going abroad in 2006.

    About two decades ago, over 80% IITians hopped on to a plane for foreign shores, the preferred destination being the US. The 'IIT route' was a BTech from IIT, an MS (Masters) from USA and a dollar job. Much has changed since then, and brains that used to be siphoned off by developed nations are now preferring to stay back home.

    In the early 1990s, the outflow of computer science graduates to the US was so high that the World Bank, in a report, had suggested that an exit tax be imposed on IITians and other professionals leaving the country � this, it said, could earn the government over $1 billion (about Rs 4,400 crore) per annum. Today, if the government decided to adopt this, it would earn only crumbs.

    A quick look at statistics shows that in 2006, only three of IIT Kanpur�s 273 BTech students and two from the five-year MSc integrated course went abroad. All the others � 267 MTech students, two-year MSc grads and MBAs � stayed back in the country. At IIT Delhi, of the approximate 1,000 job-seekers, only one student went abroad to join CapitalOne, a financial consulting firm.

    The slowdown is evident even at the older IITs. At IIT Mumbai, 95% of the students were placed in India while at IIT Madras, only two BTech students went on to join Lehman Brothers at the Tokyo office.


    "There was a time when I had to set aside days to write recommendation letters for students wanting to go abroad, either to study or work," says Ashok Misra, IIT-B director. ��Now, because good jobs are available to BTech students, not many opt for post-graduate courses abroad. Only about 15% students go overseas for higher studies and approximately 5% take a job outside India."

    Ratnajit Bhattacharjee, faculty in-charge (training and placement) of IIT Guwahati, says corporate giants still opt for IITians but prefer to recruit them for their India operations. Bhattacharjee attributes the phenomenon of "almost zero brain drain" to the fact that MNCs have not just entered the country in a big way but are also looking at greater expansion here. "British Telecom used to regularly hire IIT Guwahati students,�� he says. ��It does today also, but for its Bangalore operations."

    Deepak Phatak, former head of the computer science department at IIT Bombay, who conducted exit interviews with students from 1991 to 1994, remembers almost everyone then was flying to the US.



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  • ab_tak_chappan
    08-14 08:51 PM
    Yea thats true, but what is not to like about your post?
    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




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  • seahawks
    09-13 01:23 AM
    send to Chris Matthews of Hardball and Keith Olbermann of Countdown.




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  • karan2004m
    01-05 10:59 PM
    If you understand this from his words then i can judge your IQ level.

    Ok now coming back to your statement. I just didnt say IIT but also REC's. REC stands for Regional Engineering Colleges (there are plenty in India) and that is not a payment seat. Education level is well maintained and by entrance examination standard, its far above GRE level. Argue me on this. I have no problems with America or any American, infact I feel America is a great first world nation and I love being working/living here.
    But this doesn't mean I will say any bulllshit & non-fact thing about my motherland.

    Also Gayatri one last thing or FACT in your words i tell you. The people(few Non Resident Indians, 2% i must say) like we have seen talk so much negative about their own country, but whenever they are in trouble in foreign countries, they look for immediate help from Indian Government. It is made as a big issue in India that NRI's in trouble, prime minister should come forward and help.

    Anyways enjoy and good luck for your green card.

    So are you judging all of India's education by the IIT's? I didn't graduate from IIT and so didn't 99.9% of Indian IT people.

    I can tell you for a fact that Universities in America are much better than those in India. This is why I came here and I went to an average university here which I could afford.

    What Professor-ji said in the video was that Indians were successful DESPITE the poor education they received in India. India is becoming a world superpower in research and development DESPITE this. I believe this is true. Indians know how to compete and will be world leaders because they work hard and think smart.

    Lets not fool ourselves at least!! We need to learn to accept the truth.




    snathan
    02-09 10:28 PM
    Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D

    For that you have to donate.

    http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000




    Imigrait
    03-11 06:24 PM
    Wife has already received AP. I'm still waiting!:mad:

    Saw a soft LUD on my case today.:confused:



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