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  • sselva69
    06-17 07:56 PM
    My labor (PD 8/20/2004 EB3 from VA) has been certified on 5/14/2007 and last week received the certified docs.

    Wish everyone who is stuck in BECs for their approval soon.




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  • seeking_GC
    07-21 02:30 AM
    hi,
    In case you have a visa stamped on your passport (even if its expired ) give it to them, also talk to your loan agent at the bank and ask him to pass the details to the underwriter,loan agents dont understand the immigration intricacies but the underwriters do- it may take a few more days but eventually they will approve it.




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  • mbawa2574
    03-04 05:16 PM
    Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.

    There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:

    Obama is ready to give out a home loan to a drug dealer on the street but a hardworking,tax paying , wealth creator skilled immigrant won't get it.

    So this is a new feature of Obama Nation:mad:

    Liberals shame on you for electing this inexperienced socialist communist to the white house.




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  • pappu
    11-16 12:31 PM
    nice write-up Jimi
    Congratulations Jimi

    http://news.ncmonline.com/news/view_article.html?article_id=86f99ab1b7774fc7f6a26 f10eb4183ba



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  • diptam
    08-10 02:27 PM
    Everyone is saying that "Wait-Wait , have patience , forget Check-cashing till you realize that you've sunk in deep waters"

    If there are few cases which are returned for false reasons ( see other thread) after Aug 17th probably those few will be forgotten till PD becomes Current again - 6-7 yrs - Huh ? :)

    My app was received at the NSC on June 28th at 9:02am. I havent receviced receipts or checks cashed. If for some reason my app is denied or there is a request for evidence after the 17th of Aug are we able to resubmit or will it be too late?




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  • ramus
    07-06 01:01 PM
    I think it is made up statement from your lawyer.. Can you ask him about lnew ink on AILA..

    My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.



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  • khukubindu
    01-03 11:42 AM
    Hello,
    We ( I and my wife) applied I-485, AP and EAD on July 26th, 2007 got recipt on Sep 26 th,2007. Finger printing done on Oct 31, 2007. My wife got her EAD and AP( 11/09/2007) and I got my EAD but my AP is not approved yet. I contacted with Texas Service center and they told that our (for me and my wife) namecheck and finger printing have been cleared. But my AP is pending because of background check. I asked is it different kind of check , she said yes but as usual could no tell how long it usuallky take to complete this kind of check and also when this background check has been requested.

    I need to travel in January. Does anyone has the same situation ? Please reply




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  • singhsa3
    09-12 11:13 AM
    Chandrakanth,
    I agree with you 100% but it is a separate issue and must be done. What USCIS suggested to DOS that has resulted in visa bulletin is unacceaptle.
    They practically said to DOS, Big Brother, "I don't know" .
    How can they not know how many people are standing in line. When you and I take infopass, they can tell your category and priority date and whether you name check is passed or not. How come then they are having difficulties in collecting this data and sending it to DOS.

    In my opinion

    (1) Community must unite
    (2) People must come out of anonymity by providing true information
    (3) People must walk the talk - just not open threads and keep discussing
    (4) Efforts must be well organized - IV is a great organization - we have state chapters where people can organize themselves - helps us all to do things more effectively

    The biggest issue is - everyone come here and open threads but it alll stops there - people join state chapters but do nothing - just want to get updates - and always blame IV for whatever happens and question IV and want to grill IV as to what IV is doing.

    Can we all get organized?

    Sanjeev - I am sorry I am digressing from the original plan of this thread - but lets face reality - what is the use of all these tangential efforts - you may get hundreds of replies on this thread - but is there a proper directive? No one knows what to do it all starts and ends in discussion and waste of valuble time doing nothing.

    I would rather recommend
    (1) Lets get organized
    (2) Give out proper information
    (3) Pledge wholehearted support
    (4) Be committed
    (5) Join a state chapter
    (6) Expand the community
    (7) Work hard
    (8) gather support
    (9) take initiatives to lead - support will follow
    (10) Do not waste time on unnecessary predictions, discussing waste, roumors etc...
    (11) Understand the effort - lobbying - understand that IV needs a lot of money for lobbying - please contribute - please raise funds

    Is everyone ready to do the above?



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  • HV000
    07-23 11:52 AM
    Show me the law that says they MUST use 140,000. Sadly, I think you're wrong.

    Well, the law says to issue 140,000 visas for Employment based immigration!!
    The issue is USCIS that did not utilize those numbers when there was a HUGH BACKLOG!!




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  • 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



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  • 9years
    10-21 02:40 PM
    Thank you all and I will contribute. to IV.




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  • chanduv23
    05-15 10:23 AM
    Trust me your frustration is understandable......

    Guys,

    1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
    2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
    3. Attorneys are making money on these cases

    In the end we the immigrants are the losers.

    Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,

    We need to increase the awareness.

    We do not want to get to a point where we may not utilize AC21 properly.

    thanks

    I agree. Act Act act. If we do not get our acts together and simply share and discuss - nothing is going to happen.

    First thing you do is write to the Ombudsman's office. They are technically responsible to resolve case problems with USCIS.

    In your case, i think, you also have to at the least send an email to the Ombudsman.



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  • haddi_No1
    06-26 10:52 PM
    http://www.washingtonpost.com/wp-dyn/content/article/2008/06/25/AR2008062501945.html?hpid=opinionsbox1

    Building a Wall Against Talent

    By George F. Will
    Thursday, June 26, 2008; A19

    PALO ALTO, Calif. -- Fifty years ago, Jack Kilby, who grew up in Great Bend, Kan., took the electrical engineering knowledge he acquired as an undergraduate at the University of Illinois and as a graduate student at the University of Wisconsin to Dallas, to Texas Instruments, where he helped invent the modern world as we routinely experience and manipulate it. Working with improvised equipment, he created the first electronic circuit in which all the components fit on a single piece of semiconductor material half the size of a paper clip.

    On Sept. 12, 1958, he demonstrated this microchip, which was enormous, not micro, by today's standards. Whereas one transistor was put in a silicon chip 50 years ago, today a billion transistors can occupy the same "silicon real estate." In 1982 Kilby was inducted into the National Inventors Hall of Fame, where he is properly honored with the likes of Henry Ford and Thomas Edison.

    If you seek his monument, come to Silicon Valley, an incubator of the semiconductor industry. If you seek (redundant) evidence of the federal government's refusal to do the creative minimum -- to get out of the way of wealth creation -- come here and hear the talk about the perverse national policy of expelling talented people.

    Modernity means the multiplication of dependencies on things utterly mysterious to those who are dependent -- things such as semiconductors, which control the functioning of almost everything from cellphones to computers to cars. "The semiconductor," says a wit who manufactures them, "is the OPEC of functionality, except it has no cartel power." Semiconductors are, like oil, indispensable to the functioning of many things that are indispensable. Regarding oil imports, Americans agonize about a dependence they cannot immediately reduce. Yet their nation's policy is the compulsory expulsion or exclusion of talents crucial to the creativity of the semiconductor industry that powers the thriving portion of our bifurcated economy. While much of the economy sputters, exports are surging, and the semiconductor industry is America's second-largest exporter, close behind the auto industry in total exports and the civilian aircraft industry in net exports.

    The semiconductor industry's problem is entangled with a subject about which the loquacious presidential candidates are reluctant to talk -- immigration, specifically that of highly educated people. Concerning whom, U.S. policy should be: A nation cannot have too many such people, so send us your PhDs yearning to be free.

    Instead, U.S. policy is: As soon as U.S. institutions of higher education have awarded you a PhD, equipping you to add vast value to the economy, get out. Go home. Or to Europe, which is responding to America's folly with "blue cards" to expedite acceptance of the immigrants America is spurning.

    Two-thirds of doctoral candidates in science and engineering in U.S. universities are foreign-born. But only 140,000 employment-based green cards are available annually, and 1 million educated professionals are waiting -- often five or more years -- for cards. Congress could quickly add a zero to the number available, thereby boosting the U.S. economy and complicating matters for America's competitors.

    Suppose a foreign government had a policy of sending workers to America to be trained in a sophisticated and highly remunerative skill at American taxpayers' expense, and then forced these workers to go home and compete against American companies. That is what we are doing because we are too generic in defining the immigrant pool.

    Barack Obama and other Democrats are theatrically indignant about U.S. companies that locate operations outside the country. But one reason Microsoft opened a software development center in Vancouver is that Canadian immigration laws allow Microsoft to recruit skilled people it could not retain under U.S. immigration restrictions. Mr. Change We Can Believe In is not advocating the simple change -- that added zero -- and neither is Mr. Straight Talk.

    John McCain's campaign Web site has a spare statement on "immigration reform" that says nothing about increasing America's intake of highly educated immigrants. Obama's site says only: "Where we can bring in more foreign-born workers with the skills our economy needs, we should." "Where we can"? We can now.

    Solutions to some problems are complex; removing barriers to educated immigrants is not. It is, however, politically difficult, partly because this reform is being held hostage by factions -- principally the Congressional Hispanic Caucus -- insisting on "comprehensive" immigration reform that satisfies their demands. Unfortunately, on this issue no one is advocating change we can believe in, so America continues to risk losing the value added by foreign-born Jack Kilbys.

    georgewill@washpost.com




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  • Green.Tech
    06-09 11:32 AM
    Bump.



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  • priti8888
    07-18 05:35 PM
    You should be happy as you have a very old PD.

    As u mentioned that you applied in mid june but the receipt date is mid july. What is your notice date? I thought that receipt date is the date when uscis receives your application. I may be wrong.


    RECIPT DATE is the date when they input your info in the system. Before inputting in the system they check I140,medicals,etc. Notice date has no bearing. If your packet looks fine you get your receipt number and then you will be able to view the status on uscis.gov. The status will be something like "On july 9th 2007 we received your applivction ..............etc"

    "Status :case received and pending"




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  • SkilledWorker4GC
    07-15 04:51 PM
    Can we send out an email to all 30k members asking for contribution to High Five funding drive? It is quiet possible that many might not have logged on since yesterday.



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  • billu
    09-01 10:17 PM
    I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???

    Came in Dec 1990
    Been on various visas including F1 (grad and undergrad) and H1.
    Didn't get to file GC till 2007 unfortunately...


    i think u beat them all hands down.....my story is landed in jan 2004 for M.S.....started job in april 2005.....employer kept delaying GC through various tactics.....finally i revolted in july 2007 at the time of famous fiasco.......still missed the bus as employer cited 30 day rule, waiting period etc etc.......now with a PD of october 2007 in EB 3 India, I have no hope........those of you who ported successfully from EB3 to EB2, please shed some light on how to do that and what does USCIS look for in EB2 applications.......EB2 is my only hope now....its either EB2 or back to india by december for me....




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  • nixstor
    07-06 10:06 AM
    You need to change the SUBJECT also...

    /***
    FBI fingerprint bumping and checks are IGNORED for IMMIGRANTS - Can not believe it ? This is called HOMELAND SECURITY ???

    How come USCIS / DOS can ignore CRITICAL FBI name check steps ?
    ***/

    What the hell on earth is this? Do you know for sure they have ignored it? Do not add masala to the existing crap. Do you understand the consequences of these kind of spiced up stuff? We all would be sulking in the security check for ever, if DHS gets pissed off or gets a congressional hearing and the authorities get lambasted over this. You are seeing how doctors are being implicated in UK and all over. Security is the most important thing right now on this planet and western world is agog over security. I dont know from where Greg Siskind and Jay Solomon got the tip off. They tipped each of their hats off and put the story in our brains to run the show. Security is not a Joke. Do not make it a bigger issue unless you dont know whether it really has happened. The consequences can be pretty dangerous to the extent of revoking all the issued GC's in the past 20 days, if congress gets high on this. I dont know what lawyers want, but my understanding is none of us want to have negative consequences of this issue.

    No matter who screwed up, we should be conveying the following message after we say that USCIS/DOS goofed up.

    "The root cause of the situation is the inability of
    a) DOS/USCIS to recapture the visa numbers from previous years
    b) to carry forward the unused numbers for atleast one year

    If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"


    Its our choice to make USCIS/DOS our enemies or we get compassionate to the situation considering how arcane the current laws are. We agree or not, we have to work with them going forward. Just that they are down and we are on a bashing spree right now doesnt mean that it will be situation for ever.




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  • ho_gaya_kaya_?
    07-14 01:43 PM
    Excellent idea




    micofrost
    07-06 01:38 PM
    For sure DoS knew that something is wrong at USCIS end. Looks like they dint get along well on this one. So instead of saying that all the visa numbers has been used up, they said " all the entire 2007 numbers has been made available". Which means they know very well USCIS are still processing the cases, even after July 2nd.

    Looks like, DOS trying to clean their hands and put the blame on USCIS.

    This is what happened. Again my thoughts based on last fews days before the july 2nd.
    USCIS was angered by DOS making it current for all categories. Every one knows there will be a minimum 100K apps flooding their gates. Imagine the revenue loss for them just bcoz of making it current b4 30th july. They expected DOS to make it current from Aug 1st instead of July 1st. Had the immigration bill passed, as promised by the GOVT., they would have stand to gain $4B in grants to secure the border. But the bill crashed on 27th of june. So what do they do to stop this loss of revenue from our application. They have to use of the entire fiscal 2007 quota in three days so that legally they can't accept more applications. Now that is legally correct. But they way they claimed all the visas within 4 days wasn't played by the rules and where the AILF stands chance to file a lawsuit against them.

    Someone in the USCIS was hell bent upon forcing the DOS to make it unavailable for July. WHY ?




    Macaca
    09-12 07:53 PM
    Ruben Navarrette ruben.navarrette@uniontrib.com



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