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  • prinive
    07-06 01:28 PM
    it seems they are planning to honor the July VB and make chanes in Aug VB. So I guess they will accept the applications in July. :rolleyes:




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  • amitjoey
    06-05 04:25 PM
    Instead of giving like that why don't IV open a "IV Store" and sell T-shirts for 100 or 200$ ?

    we can use
    http://www.cafepress.com/ or other sites which provide this service.

    Great Idea conchshell !!

    That idea has already been implemented, please feel free to buy the apparel
    at
    http://www.cafepress.com/immivoice.
    A lot of us bought shirts, sweat shirts for the rally in washington and Sanjose last year.




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  • vandanaverdia
    09-10 12:47 PM
    I was able to convince a friend, who has been a green card holder for the past 5-6 years & never suffered the green card retrogression, to support us & contribute to our cause. Made a one time payment of 100$ through paypal.

    Very thankful to my friend for having understood our problems & supporting without a flinch!!!!

    I am sure we have many such friends & I am sure we can take some time to convince them to support our cause...

    GO IV!!!!




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  • DCQC
    07-12 07:00 PM
    San Diego County



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  • vkannan
    02-23 01:42 PM
    people,

    i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?

    --shark

    Well, I had a Infopass last week to check on a Soft LUD on my I-140, I heard slightly different story, they did not say adjudicating the EB application, but Process the EB application, which I guess what they were saying is pre-adjudicating the cases, in the last few weeks with lot of cases being transferred (both EB2/EB3) to different offices, pre-adjudicating the cases makes sense....but hey, we are talking about USCIS here, we never know, whatever you heard could be true too......

    One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??




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  • axp817
    05-15 08:26 PM
    Maybe someone that has had to go through this can respond.

    When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?

    I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?



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  • indio0617
    03-09 12:47 PM
    indio0617,
    Still the meeting is going on?
    Sorry to ask this Q?

    No. It is over. Will reconvene next Wednesday.




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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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  • rajuram
    12-16 09:33 PM
    Gandhigiri approach to retrogression in my opinion will be to do some good deeds that give Immigration Voice positive publicity, which in turn pushes the retrogression debate in the forefront in the national press.

    There are several positive things that IV could do:

    1. Start a small scholarship in a poor/immigrant dominated school/neighborhood.

    2. Help some hospital in a poor/immigrant dominated.

    3. Have a blood camp.

    4. Donate food.

    5. Send flowers to Senate & House.

    Guys, all we need is positive publicity. We do not need large sums of money to do this.




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  • gctest
    09-13 04:10 PM
    People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.

    Here is the form you can fill out to express support:
    http://spreadsheets.google.com/viewform?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en

    View the read only document here:
    http://spreadsheets.google.com/ccc?key=pfq9i31UpaJcQdUK-1PaKcg&hl=en


    I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.

    If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.

    This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.

    These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.

    If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
    Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.

    This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.

    If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.

    I want everybody to get their GCs. I also am OK with the wait.
    But anything that threatens my position in the queue is not acceptable.



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  • thomachan72
    06-03 09:07 AM
    The whole thing is very confusing sir. Just like the bible, for which different groups come up with different interpretations, we are being confronted with many intrepretations for this bill. Lets look at what the IV has to provide in the bill summary they have posted. Most probably that is a version prepared by the "patton-boggs" law firm.




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  • santb1975
    06-19 01:10 PM
    With the economy turning out the way it is I wonder when we will get our next opportunity to bring our issues to Lawmakers notice and ask them to work on our issues. We need to speak up now and we need $$ to fund our organization. I was talking to my mentor syesterday and he is on the board of directors of an organization. He was mentioning to me that if people are losing Jobs, not able to pay their mortgages and struggling to pay for gas and food all other issues will be put on the back burner and the focus on immigration related issues might go down. I am still trying to sink that into my head



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  • iptel
    08-01 01:02 PM
    Hello everyone,

    IV would like to submit op-ed articles written by IV members to various newspapers and websites . It maybe one more avenue for us to get our voices heard and generate awareness for our cause.

    We would like to invite members who either have journalism background or have good writing skills and can volunteer to write a few op-ed pieces for us. The information material is available on the resources section of the IV website. Let us know if you need any further information.

    Please get in touch with me or the media team if you are interested.
    I will be more than happy if I can help. Please note I do not have any journalism background.




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  • kchakrav
    09-28 08:25 AM
    Came to the US in 1998 Feb.
    Applied for GC under EB-3 category in Jan-2001.
    Still waiting. Next month my date will be current. Keeping fingers crossed.



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  • GCStatus
    09-14 10:20 PM
    Challenge is USCIS. Thats OUR ONLY TARGET.

    So we stop the porting, you think you will get your Green Card quicker?.

    I say this again, stop this, focus all your energy on USCIS. Dont waste on talking EB2/EB3 when you know it wont really fix the issue.




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  • java_jaggu
    06-04 01:15 PM
    http://www.ilw.com/articles/2007,0604-lee.shtm

    Based on this article, it looks like even those 140's and 485's filed after the cut-off date will be fine as long as the GC is approved before Oct 1, 2008, so folks will have some breathing time and flexibility to plan their next move, if the bill passes in the current form.



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  • eager_immi
    07-05 01:04 PM
    do u have the list of email addresses? I sent an email to all 100 senators, hopefully they will reply.




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  • chisinau
    08-05 04:17 PM
    hi! i am a physical therapist on h1b...all this news abt retrogression is too scary...i had a few qs:
    what is the scenario for someone like me who would file I-140 in the next couple of months?
    what are the chances of Schedule A being alloted additional visa numbers in the next 2 years?
    how much wait time would be expected under EB 3 category for India for someone whose priority date wud b oct or nov'07???
    thanks

    Hi!
    I'm RN outside the US:cool:

    I will try to answer on your second question first. Shumer/Hutchinson amendment is the only our chanse for now. Try hammond law group, or shusterman, you will find info about it there. Shortly, it is the second try of Mr.Shumer and Ms. Hutchinson to amend an "Omnibous Bill" with a favorable for nurses and PT amendment. It would provide all schedule "A" with 61000 visas! If it is passed, we will be in chocolate:D , I mean you will get your GC in approximately 6-8 months (or a year). Nobody knows what are the chanses! My opinion that we have 50% that such a bill will be attached, and than we again have 50% that it will be passed and signed by Bush, before the end of the year.:rolleyes: If we are not lucky we would not see any favorable bills till after the elections of president and senate, late 2009(!).:mad:

    Under EB3(if no schedule "A", and there is no other favorable changes in immigration law),and you are from India, you will have to wait forewer (10 years or so)! But if you are in the US, and you will be able to file I485, DO IT!

    My advise is: file I140 as soon as possible, not sure about the avilability of premium processing, if you can, then use it also, if you can file I140 and I485 concurently - DO IT! I'm not familiar with procedures for PT, maybe you will find information here:

    http://hammondlawgroup.blogspot.com/
    http://shusterman.com/toc-ahp.html
    http://shusterman.com/toc-rn.html
    http://immigrationvoice.org/forum/showthread.php?t=4817




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  • test101
    07-06 02:11 PM
    I do not see a reason for what they are doing. The Original July VB was in Archived Bulletins as of july 2nd. The revised one is placed in the current visa Bulletins. So why the changes? is there any diference?




    GC_Optimist
    09-29 11:59 AM
    By not utilizing all the visa numbers USCIS is creating artificial scarcity
    leading to huge Backlog. I think this needs to be highligted to the
    lawmakers. or Administration.




    bfadlia
    02-23 02:24 PM
    It means USCIS has pre-adjudicated your I-485 if it was filed before october 2008.

    I hope so..
    But checking my July 2007 I485 online status, it says it was last updated in Dec 2007..
    Shouldn't we all have got recent LUDs or RFEs if all of us were recently pre-adjugated



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