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  • susie
    07-06 12:01 AM
    Ref cspa and age outs

    I have a lawsuit filed for cspa and awaiting outcome

    Suing Attorney General, Goeff Gorsky head of VO opinions section at dept of state, Evelyn Upchurh of TSC

    They have 60 day to reply from end March 07, then requested additonal 30 days which my immigration attorney agreed to for professional ethics.

    So we were at 90 at end Jun 07 and the day before the lawyer for attorney engeral called my lawyer,

    Apparently my case file is very thin and as of that Date Geoff Gorsky had not replied to his own attorney!! Their attorney has requesed yet another 30 days and stated on the phone to my lawyer that he wants a resolution to my sons case. For more info go to www.expatsvoice.org

    But will update here when I get any news




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  • snathan
    08-23 02:33 PM
    There is a difference, my friend. Porting to EB2 means you have to spend LOTS of $$$ and time and effort to get masters degree.
    No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?

    How about people are using it as a loop hole and smack you down. Just because you have the option, it does not mean the right thing.




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  • 9years
    10-29 09:08 AM
    Quite possible. Best of luck.




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  • h1techSlave
    03-03 02:09 PM
    There is no need for people to call USCIS. The PD date movement is based on demand. Even for a worst case scenario, USCIS should use 3300 visas for EB3-I. By Aug 2009, if they have only used 1000 visas, then DOS will move the PD for EB3-I by a couple of months.

    Now my prediction. We will see PD current for all categories except for EB3-I/EB2-I/EB2-C in by August 2009. EB3-I would reach 2003 Jan. EB2-I and EB2-C will reach 2006 Jan.

    I have no real basis for my prediction. Like Michael Crichton would say, no body can predict the future. We can only guess about what would happen in the future. Some of that guess is a calculated/informed guess; still it is just a guess.

    How many of the returning people would call USCIS to cancel their 485s? I see almost zero.



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  • Junky
    09-10 09:53 AM
    :D:D:D:D:D
    Looks like last night's particle accelerator experiement sent us back in time!:D




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  • tnite
    07-11 07:18 AM
    I couldn't believe this. Wonderful news. Thanks

    But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.

    Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
    But the Eb3 news is not good.
    just my 2 cents



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  • GCwaitforever
    06-20 02:44 PM
    One of my friends received labor approval from Philly. His priority is October 2003, EB3, Non-RIR. Of course, my PD is from November 2001 and one other guy's is from August 2002. They were not processed, but my friend got a break from the drab BEC. Strange things happen in life. :)




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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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  • GCKarma
    07-06 11:12 AM
    Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
    Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
    Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
    Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.

    It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
    ~AMK

    Atleast those 25,000 people have EAD.Think about the remaining 700 thousand people who are in a deep shit




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  • stldude
    08-10 03:29 PM
    Congrats - Is u'r 485 processed in NSC. Do you have the SRC** or LIN *** for the receipt no.
    All 6 of our checks got cleared today below are the details

    I-485/131/765 recd date: 2nd july 07
    I-485/131/765 notice date: 06th Aug 07
    Service Center send : NSC
    I-140 approved : on 31-May-06, TSC
    Got Recipts : NO



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  • checklaw
    08-02 08:18 PM
    Hello gurus,

    I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.

    I know someone replied appropriately but here is something more to chew on...
    http://immigrationvoice.org/forum/showpost.php?p=138625&postcount=171




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  • mhathi
    07-19 09:23 AM
    Hi,

    Just sent a one time contributiion of $80 to show our appreciation. Will sign up for recurring in few months.

    Check should be delivered by 7/25.



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  • gcisadawg
    02-08 07:15 PM
    Absolutely wrong. If husband and wife are filing a joint tax return, it is wrong on her part to send money to her parents without informing her husband. Leave the taxes, it was simply wrong on a wife's/husband's part to do ANY major money transaction without letting your other partner know. Its equivalent of cheating (just financial cheating). Do you think it is ok for a man to send money to his parents?

    I do agree with your point that information about transactions should be known to both parties. To answer your question, yes, in my opinion, it is perfectly OK for a man to send money to his parents since the man is earning. If the girl earns, she earns that right.
    Say, when the couple goes to India for a vacation, I totally support the girl buying gifts similar to what the man has bought for his family/relatives. I also support assistance based on humanitarian needs for girl's parents. ONLY when it is comes to demands of sending monthly allowance or occasional lump sum, a line needs to be drawn.




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  • 485Mbe4001
    03-06 10:07 PM
    Hi,
    i had sent you a PM last week, did you get it?
    thx

    Hi pappu (admn)

    i work for an indian media/newspaper here in southern california, and trying to get an interview done for IV, which can be published subsequently, basically aiming our cause and goals and achievements and to create more awareness/publicity campaign about GC logjam.

    Can you write me your contact number and suitable time for this, it will be a telephonic interview.

    best



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  • pappu
    06-04 12:47 PM
    Yeah, my lawyer said once my LC approves he'll file I-140/I-485 together? I'm EB2 Sri Lanka
    You should discuss the risks involved in concurrent filing with your lawyer too. In some circumstances if I140 is likely to face hurdles, you should wait for your I140 approval. This is just a caution. Each case is different.




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  • Macaca
    09-12 04:13 PM
    JoAnne Allen: joanne.allen@reuters.com *
    Eric Auchard
    Luke Baker
    Matthew Bigg
    Mike Conlon
    Richard Cowan
    Bernd Debusmann
    Allan Dowd
    Paul Eckert
    Robin Emmott
    Stephen Farber
    Jim Finkle
    Dana Ford
    Jim Forsyth
    Adriana Garcia
    Tim Gaynor
    Daniel Gilbert
    Steve Gorman
    Steve Holland steve.holland@reuters.com
    Jon Hurdle
    Emily Kaiser
    Glenn Kessler
    Bappa Majumdar
    Lucy Nalpathanchil
    Michelle Nichols
    Claudia Parsons
    Jeremy Pelofsky jeremy.pelofsky@reuters.com
    Kemp Powers
    Simon Rabinovitch
    Missy Ryan
    David Schwartz
    Jill Serjeant
    Donna Smith donna.smith@reuters.com
    Matt Spetalnick
    Ed Stoddard
    Andy Sullivan
    Daisuke Wakabayashi: Daisuke.Wakabayashi@reuters.com
    Dan Whitcomb
    Tabassum Zakaria

    Email pattern: firstName.lastName@reuters.com



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  • satyasaich
    06-11 11:53 AM
    In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.

    Isn't it the same month visa bulletin 2 years ago turned up to extreme 'opposite' by making everything 'CURRENT'? (a.k.a july 2007 fiasco)

    Good or bad it already happened i think.
    What we need (at the very least) now is visa recapture to clear some of old / legacy applications (with Priority dates more than 4 or 5 years old)




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  • tikka
    07-19 11:34 PM
    Contributed one time $100. Will not hesitate to do so in the future. Nice job IV!!!

    Most media articles on the 485 issue had one common note "This normally not so vocal group of legal working immigrants have stood up and spoke". IV made sure that will not be so anymore and we have a strong resonating voice that will make a difference

    Anil


    for your contribution... :)




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  • thomachan72
    12-15 01:02 PM
    Excellent idea Michael Chertoff but let us wait till the nest summer:D:D

    Next summer.




    AllVNeedGcPc
    05-20 09:08 PM
    ...Thanks God

    Enjoy these moments.

    Here's my journey so far.

    0. Arrival - 1999

    1. Initial labor
    a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
    b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer

    2. EB3 I140 (NSC)
    a. Filed - July 2nd 2007
    b. Approved - 2008

    3. I485 (NSC)
    a. Filed - July 2nd 2007
    b. RFE - April 2009 (EVL for me and visa history for my wife)

    4. Perm
    a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
    b. Filed - Oct 2010 (No experience used only MS)
    c. Approved - Dec 2011

    5. EB2 I140 (TSC)
    a. Filed - Jan 2011, Premium Processing
    b. Approved - Jan 2011 (original A# and Priority Date retained)

    6. Interfiling
    a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
    b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
    c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
    d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
    e. Late April 2011 - Sent emails to NSC update, TSC update and TSC auto-current-date address
    f. Early May 2011 - Contacted Congressman

    6. Approval - Occurred the evening Congressman called NSC
    a. Mid May 2011 - CPO email and cards within a week




    insbaby
    08-13 03:58 PM
    We can write letters, emails, fax, contribute to IV but nothing is gonna help. This is the fact!

    Yes. It may help, but EB3 is not the one who is going to get any piece out of it, as EB2 is increasing in huge amount. Even if it is CURRENT for 10 years, thats not going to help anyone below that level as everyone will qualify for EB2 in future, almost all the future candidates will have minimum of 5 years experience.


    1. Live with this. Don't come to any forum, don't think about VISA bulletin. Take your Gc when it comes to your doorstep. May be by then, we may not need it. We may be tired of being on the same job and GC may not bring any
    motivation to our career.

    Well, if one decided to continue the process of waiting, there won't be any career to talk about at the end.


    2. Move over to EB2 - If possible, take all the pains of changing job, place of living, unpredictability in PERM queue and I140 queue and move over to EB2. But you never know. One of our Indian brothers might have just won a lawsuit to stop us from moving over!! In that sense, EB3 I is worst than illegals. Least wanted legals in the USA!!

    Not possible for all to go to EB2 as most of the companies hesitate to spend huge amount again and same is applicable to the individual too. It may not be worth at the end to spend another 5K on this. Well said, we should then fight with our own friends (because they may not like us to get the Lion's share) before going to DOS and USCIS.


    3. Get out of this country - Give up the American dream and come to reality and start a new dream. May be Canadian dream or Australian dream...

    I am waking up from 'abroad' dream. The real dream in front is "Home", without any issue that works for me.



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