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  • gctest
    09-15 04:19 PM
    That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.

    Infact, it would be wrong to call this a lawsuit.

    We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.

    If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.

    The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.







    Incorrect.
    Please read this pdf document
    AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)

    Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
    ----------------------------------------------------------------------------------------
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
    For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
    --------------------------------------------------------------------------------------

    I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.


    _____________________________________
    Proud Indian-American and Legal Immigrant




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  • brav
    07-19 05:29 PM
    I think most of the guys n gals will be busy with their paper work for I-485, 765 and 131. I am guessing once the dust settles most of them will come back and contribute generously.

    I know most of you know the magnitude of impact IV has in the decision of the reversal of July 2nd update.I am in my 8th year of H1B and I wish IV has arrived 2 to 3 years back, but I am happy better late than never.

    Thank you IV and I very much appreciate you keeping the cool when people started second guessing after the AILA update that the situation is 'Fluid'.




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  • meridiani.planum
    04-02 03:43 AM
    Well if u r a paying customer, u didn't like the product that u bought. Forget it and move on and u knew b4 buying that its non-refundable and cannot be taken back whether u like it or not. Before buying the product u very well knew what u were buying dint u? So live with it. :D

    that might be your attitude. some people have a different opinion and dont like to bend over when circumstances try to screw them. If you pay for something and get a lemon you might be ok with living with it and moving on, saying its non-refundable. Many others dont share that view. They'll fight for a replacement, a fix, some solution to the problem.

    If all you can do is bend over, then move on, you are wasting your time on IV.




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  • desi chala usa
    01-06 10:25 AM
    Don't forget the education is the biggest business in U.S.A and the immigration is the second one, thats what I learned from my 5 years experience. Both businesses dragging money from foreign ppl (International student has to pay 3-4 times more than local).



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  • nk2006
    10-16 04:29 PM
    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: Ombudsman
    ======================
    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
    =======================

    ============================
    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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  • nk2006
    07-06 01:10 PM
    He is trying to spin a news and get a answer of his comfort. Guyz never stop :)

    The way DOS/USCIS behaved last couple weeks anything is possilbe - now its very easy to spin news. If someone comes here and says USCIS will not accept any applications for next two years - many of us might think "logically" and suspect the news - but last week proved that logic and USCIS/DOS dont go together.

    Anything is possible with is freaking idiotic dumbass orgnanization. Now I can feel a bit better - at least for next 30 mts. :)



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  • gc_perm2k6
    03-05 05:26 PM
    My 485 had soft LUD on 2/27/09. Although, my husband's dependent application dint have one.




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  • knnmbd
    04-26 08:02 AM
    Dear Knnmbd,

    It seems to me you do not understand the difference between taxes and Social Security / Medicare.

    With my taxes I pay for (example) roads, police, courts, public TV and so on. And I use what I pay for (another nice example is when the police paid by me catches me with high speed and fines me :-)

    SS and Medicare are future services which I would not use while I am on H1/L1 or if I do not get permanent residence by some reason. This is my money which the US government has compulsory taken from me and I have not used it. So, I have the right to get this money back and use it for my eventual retirement in another country.

    We do not change the law of the land to benefit us, we just do not want to be cheated and treated like retarded.

    The real ridiculous stuff is the way the government agencies are treating the legal immigrants but nobody in the "great" country care to notice that, especially the law-makers.
    bkam,

    I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah� like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON�T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.

    So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.



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  • ronhira
    07-06 02:04 AM
    lahiribaba - you are my hero. this is the best idea yaar :D


    Instead of hiring a full time lobbyist why dont we hire a full time manager who will contact IV members and drive funding drives , organize campaigns , send and spam USCIS with emails flowers and faxes and keep it moving. Heck may be we can even offshore and outsource it. Take a look at YourManInIndia (http://www.yourmaninindia.com/) . At 7$ per hour this wont take much. Lets take the help of our brothers and sisters in Inda to get GC .. let them help us while we help them..

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~

    But we're never gonna survive, unless...
    We get a little crazy
    No we're never gonna survive, unless...
    We are a little...

    Crazy...crazy...crazy...
    ~~~~~~~ Seal ~~~~~~~~~~




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  • delhiguy
    07-06 01:35 PM
    Generally they give this update on last week of every month.

    for May, 05/24/2007
    June, 06/28/2007

    For july, 07/06/2007.

    I don't know why they updated us so fast with in a week on this.

    May be because they are not expecting to enter the July applications in the system (or just uptill July 2)



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  • BharatPremi
    07-05 05:26 PM
    Boxer , Feinstein senators of CA , I called Lofgren , Gary miller (R) 42nd district of CA and Just spoke with NYtimes reporter on the follow up story ...:)

    I already done that yesterday evening: Today I talked to both offices. Yesterday I just sent web form (E-Mail)... I could not speak to senators personally as both were unavailable but I spoke to their office staff and both have listened me and have guranteed to make sure this reaches to senator's eyes and ears.

    http://cornyn.senate.gov/
    http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=TX




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  • pd_recapturing
    11-24 05:21 PM
    I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
    One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??



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  • eb3retro
    03-15 04:16 PM
    Interesting Summary

    http://www.aila.org/content/default.aspx?docid=18831


    hope aila has some good lobbying group to push bills like these..




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  • unseenguy
    02-11 01:21 AM
    I am still waiting to see your contribution....Do you need any help to write the check

    get lost. If you contributed, thats enough. Just do your job and others will do theirs.



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  • Macaca
    09-14 06:58 PM
    Immigration march planned for Wednesday (http://immigrationvoice.org/forum/showpost.php?p=164301&postcount=1066) By Javier Erik Olvera (jolvera@mercurynews.com or (408) 920-5704) | San Jose Mercury News, 09/11/2007
    Many green card seekers wait seven years or more (http://immigrationvoice.org/forum/showpost.php?p=151966&postcount=965) RESEARCHERS SAY BACKLOG COULD SPUR `REVERSE BRAIN DRAIN' By John Boudreau (jboudreau@mercurynews.com or (408) 278-3496) | San Jose Mercury News | 08/22/2007
    Simple request: Fair handling of green card applications (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738) By L.A. Chung (lchung@mercurynews.com or (408) 920-5280) | Mercury News Columnist, 07/14/2007
    How many H-1B visa workers? (http://immigrationvoice.org/forum/showpost.php?p=114543&postcount=737) Counts vary VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien (cobrien@mercurynews.com or (415) 298-0207) | Mercury News, 07/15/2007




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  • hitpauler
    06-10 04:41 PM
    When do you think would EB2-I hit Feb 2005? Before this year end?



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  • viper1400
    03-04 04:43 PM
    I also get the below message on my case
    PD- oct 2005- EB2

    What is the difference between Soft LUD and Hard LUD?

    ****************************************

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.




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  • Raju
    07-06 04:05 PM
    AILA has reported a very interesting or confusing DOS LegalNet Office letter which one of the members received towards the fact that the consular posts had already been allocated their numbers for the month of July prior to EB visa numbers becoming unavailable on July 2 and that the posts may continue to use their July allocations of EB numbers, and continue to issue Immigrant Visas for the rest of this month, July, for those applicants who were scheduled for IV interviews in July. Hm.....................................

    This was what I mentioned earlier. This was reported by AILA a while ago.




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  • skv
    06-27 07:15 PM
    Any march approval?

    Hope you should get soon..... :-)

    Mine is May 14th.




    Milind123
    09-17 12:51 PM
    Enough of serious talk. Lets all have a lighter moment. Chandu, and others, thanks for all the hard work you have put in. Please take a moment to enjoy this joke. It contains the word sex, yet is very clean.

    A 11 year old boy goes to his dad and asks �Daddy what is sex?�. Poor daddy was not prepared to face this sudden unexpected question. Anyways, he gathers himself and replies back �Son, this is going to take sometime to explain. Why don�t we go to McDonald�s for lunch.� As they are driving to McDee�s, the father is trying to rearrange his thoughts to answer his son�s question. They have a nice lunch and the father is finally able to answer his son�s question using the birds and the bees as examples (at this time the two bees at the coke machine are probably complaining to each other, why all fathers never talk about the actual characters). Anyway, after listening to his father speak. The son replies back, drawing out a piece of paper �It is still confusing to me. How do I fit all that in this tiny box.� On the piece of paper are two boxes with M and F next to it.

    Contributions are welcome if you enjoyed it and also believe in IV efforts.




    eagerr2i
    07-15 10:21 PM
    Dear So Cal members.

    nice to see good activity on the forum. Please hold on from holding any rally until you hear from IV core. We have some good synergy amongst or members in So Cal, lets plan a meeting in the coming weeks and decide on an action plan. I would encourage you to start thinking about ideas/specific actions we can take. I have a few ideas and would share it on our so cal email distribution list. Who can take the initiative to organize this meeting? Twinbrothers? any one else? Pls P.M me.



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