newbie2020
05-02 11:00 AM
Do we also need to contact the Senate Judiciary committee for any of these bills yet
http://judiciary.senate.gov/subcommittees/110/immigration110.cfm
http://judiciary.senate.gov/subcommittees/110/immigration110.cfm
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GooblyWoobly
08-11 02:01 AM
I think the monday deadline makes sense. See, USCIS said they are going to issue the receipting update every week. Last week's update said, 7/1/2007 for EB cases at Nebraska. How would you think it would look if, after a whole week, USCIS issues another update, with the same date. Embarrassing, Eh?
So, since they have to issue the update on Friday, they put this deadline. However, they probably realize that it's not possible for them to issue receipts of all July 2nd filers by Friday, so, they move the internal deadline to Monday. That's probably the reason they did not issue a receipting update today.
Just putting two and two together.
So, since they have to issue the update on Friday, they put this deadline. However, they probably realize that it's not possible for them to issue receipts of all July 2nd filers by Friday, so, they move the internal deadline to Monday. That's probably the reason they did not issue a receipting update today.
Just putting two and two together.
peyton sawyer
07-23 02:13 AM
Hi chisinau..
It's destiny that I came across your posting.. like you, I am an RN waiting for the DS230 approval also since Oct.2006.. believe it or not ,I was also informed by the NVC to resubmit a new DS230 because the previous one I submitted last year was already outdated. Now, I sent them the updated DS230 last June 27,2007.
I really want to ask if in your opinion, or if you have some positive information regarding this…do we still have a chance of receiving an embassy interview and medical exam schedule before October 2007?
I would really appreciate a response.. thank you
It's destiny that I came across your posting.. like you, I am an RN waiting for the DS230 approval also since Oct.2006.. believe it or not ,I was also informed by the NVC to resubmit a new DS230 because the previous one I submitted last year was already outdated. Now, I sent them the updated DS230 last June 27,2007.
I really want to ask if in your opinion, or if you have some positive information regarding this…do we still have a chance of receiving an embassy interview and medical exam schedule before October 2007?
I would really appreciate a response.. thank you
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harsh
01-03 04:37 PM
Good luck.
I wish you have PD of 2001/2002. I had the same dream when I came here 8 years ago.
If you are new to US(1-3 years, from the spark in your statements, I feel you are.) with having PD 2003 or later, only the SKIL bill or CIR could rescue you. Othewise, you will be one among 1million in 2011 talking like us.
No I have been here longer. I have been here for more than 6 years now, went to school for 2.5 years and so do not have an older PD. I know I am going to be stuck in retro for quite some time unless congress does something about it. But I still have my dream and one day I will get my chance to have a go at it.
I wish you have PD of 2001/2002. I had the same dream when I came here 8 years ago.
If you are new to US(1-3 years, from the spark in your statements, I feel you are.) with having PD 2003 or later, only the SKIL bill or CIR could rescue you. Othewise, you will be one among 1million in 2011 talking like us.
No I have been here longer. I have been here for more than 6 years now, went to school for 2.5 years and so do not have an older PD. I know I am going to be stuck in retro for quite some time unless congress does something about it. But I still have my dream and one day I will get my chance to have a go at it.
more...
sheelalann
05-21 12:53 PM
when porting always send a letter requesting old priority date
shi120
12-27 03:35 PM
I am in the same boat, was planning to leave for India on 12/25 had to cancel tickets. My spouse is on an F1 and hence cannot re-enter without AP. Tried to expedite by contacting CSC, senator, congress rep. Know that it has been approved, but is waiting for production which could take 2-4 weeks. Applied on 08/03, notice date 09/13, supposedly approved on 12/12 awaiting production. This has been really frustrating. If you are on a valid H or L visa you can come back on it without any issue.
more...
Jeniya2006feb27INDIA
11-06 04:03 AM
I read somwhere that another bill is in que of senete for allowing the reinstatement of schedule A
is it true? if yes, is there any chance that it will become a bill
is it true? if yes, is there any chance that it will become a bill
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spbpsg
05-02 10:05 AM
Today I see $1200/- deposited by IRS in my checking account. It is stimulas package for me and my spouse (both with SSN) but no package for my son who still has TIN.
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ak_2006
05-15 09:48 AM
Any ways...Good Luck for you and your case is really useful for many of us. Thanks for sharing updates.
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geesee
08-26 12:23 PM
I have home loan with Standard Chartered. Got the variable interest loan from them in 2004. One thing I liked is I did not have to goto India for the loan processing!
My brother sent related documents here in US and I signed, got few of those notarised and sent them back. It took about a month for the complete process.
They do charge about Rs. 350 for prepayment though. Otherwise overall I am happy with the service they provided.
My brother sent related documents here in US and I signed, got few of those notarised and sent them back. It took about a month for the complete process.
They do charge about Rs. 350 for prepayment though. Otherwise overall I am happy with the service they provided.
more...
immm
07-20 11:23 AM
Cornyn Seeks Interim Relief For America's Technology Companies
Introduces Amendment Aimed at Protecting U.S. CompetitivenessThursday, July 19, 2007
WASHINGTON� Building on his efforts to protect U.S. competitiveness, U.S. Sen. John Cornyn, ranking Republican on the Immigration, Border Security and Citizenship subcommittee, today introduced an amendment to the Higher Education Reconciliation, currently under consideration by the Senate, which would strengthen employer access to skilled employees.
�A key part of the American economy is our ability to innovate. Yet, today, our country�s technology companies are facing an impending crisis which requires critical interim relief,� U.S. Sen. Cornyn said today. �USCIS�s announcement this year that the cap for H-1B workers was met in just one day, coupled with the recent July announcement that employment-based visas were no longer available for those with advanced degrees, makes clear that industry needs interim relief today until we can return to comprehensive immigration reform. This amendment will go a long way to help out businesses that are the life-blood of the U.S. economy and I hope my colleagues will join me in supporting it.�
Specifically, the Cornyn Amendment would allow the Department of State and DHS to �recapture� unused employment-based visas. This is not an increase in employment-based numbers but rather, a direction for the agencies to use all the visa numbers that are available today. These visa numbers will be distributed to nurses and physical therapists and aliens with extraordinary ability, advanced degrees, and needed skills. In addition, the Cornyn Amendment also includes a one-time H-1B increase of 115,000 (up from the 65,000) for FY 2008 only.
So maybe the H-1B provision killed it??
.
Introduces Amendment Aimed at Protecting U.S. CompetitivenessThursday, July 19, 2007
WASHINGTON� Building on his efforts to protect U.S. competitiveness, U.S. Sen. John Cornyn, ranking Republican on the Immigration, Border Security and Citizenship subcommittee, today introduced an amendment to the Higher Education Reconciliation, currently under consideration by the Senate, which would strengthen employer access to skilled employees.
�A key part of the American economy is our ability to innovate. Yet, today, our country�s technology companies are facing an impending crisis which requires critical interim relief,� U.S. Sen. Cornyn said today. �USCIS�s announcement this year that the cap for H-1B workers was met in just one day, coupled with the recent July announcement that employment-based visas were no longer available for those with advanced degrees, makes clear that industry needs interim relief today until we can return to comprehensive immigration reform. This amendment will go a long way to help out businesses that are the life-blood of the U.S. economy and I hope my colleagues will join me in supporting it.�
Specifically, the Cornyn Amendment would allow the Department of State and DHS to �recapture� unused employment-based visas. This is not an increase in employment-based numbers but rather, a direction for the agencies to use all the visa numbers that are available today. These visa numbers will be distributed to nurses and physical therapists and aliens with extraordinary ability, advanced degrees, and needed skills. In addition, the Cornyn Amendment also includes a one-time H-1B increase of 115,000 (up from the 65,000) for FY 2008 only.
So maybe the H-1B provision killed it??
.
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satishku_2000
02-08 04:18 PM
Guys
Any one got a chance to look at the statistics of BECS, I read only 33% of the applications are certified so far . I think its a good thing ..
Any one got a chance to look at the statistics of BECS, I read only 33% of the applications are certified so far . I think its a good thing ..
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Milind123
09-12 12:27 AM
Come on folks step up to the plate. I want to send at least $100 tonight before I go to bed. Please PM me after you make the contribution.
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desi3933
08-03 06:27 PM
EB-3 I wake up and send the letter out..we need to make relevant authorities aware of our situation. Uncertanity and doom stares us come on EB-3 I lets see some action!
Hi Pani_6 -
In your letter, the subject line is "Employment Based (EB-3) green card applicants waiting over a Decade"
How it be a decade, when your PD is 2001 or later? Even for EB-2, the wait time is 4-5 years.
Your letter should be based on facts and not on emotions (that, usually, tends to cloud the good judgment)
Good Luck! I hope you get GC soon.
Hi Pani_6 -
In your letter, the subject line is "Employment Based (EB-3) green card applicants waiting over a Decade"
How it be a decade, when your PD is 2001 or later? Even for EB-2, the wait time is 4-5 years.
Your letter should be based on facts and not on emotions (that, usually, tends to cloud the good judgment)
Good Luck! I hope you get GC soon.
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anilsal
07-16 12:37 PM
have posted info on this campaign to their chapters. I am sure this high-five campaign will be a great success. Keep the fire on.
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Suva
07-18 02:57 PM
Don't get disapointed. The date would retrogress to 2003/2004 very soon. So most of the applicants whose PD is after the cutoff date would not qualify for approvals. As your PD is very old you would be benifitted as you would be current in this case.
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
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lonedesi
08-05 11:18 AM
LoneDesi:
What changes are needed when sending a letter from an EB3-I point of view?
The processing dates you have mentioned correspond only to EB2.
Thanks.
Just EB2 to EB3 and mention that processing of I-140's has nothing to do with the category you are in. Only at I-485 stage the category is important to obtain a immigrant visa from DOS. So make appropriate changes and feel free to modify the letter to suit your situation.
What changes are needed when sending a letter from an EB3-I point of view?
The processing dates you have mentioned correspond only to EB2.
Thanks.
Just EB2 to EB3 and mention that processing of I-140's has nothing to do with the category you are in. Only at I-485 stage the category is important to obtain a immigrant visa from DOS. So make appropriate changes and feel free to modify the letter to suit your situation.
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Hemants
09-10 06:51 PM
Placed a google order for $100 .
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sunny1000
06-02 09:30 PM
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
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
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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