shankar_thanu
07-18 12:49 PM
after going through some of the posts, i understand that there were earlier attempts to add SKIL amendments to other bills but it didnt fly..
Was there similar attempts to add provisions to 'capture unused numbers' and 'not include dependents for visa number count' to other bills before? Are these much more difficult to get done? Just want to know the history of these issues in the legislature...
Was there similar attempts to add provisions to 'capture unused numbers' and 'not include dependents for visa number count' to other bills before? Are these much more difficult to get done? Just want to know the history of these issues in the legislature...
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royu
08-23 05:57 PM
Well explained.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
kevinkris
05-23 02:12 PM
Everyone who reads this post at least just bump it..
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dipmay2002
09-07 01:37 PM
Today I completed 10 years in USA and still waiting for GC, PD Dec. 2004 EB3...:confused:
more...
mpadapa
07-11 08:40 AM
Great news for EB2 folks.
If EB2-I moves to June 2006 then EB2 C will almost be in the same or better position. So June 2007 bulletin folks aka EB2-C (Jan 2006) will be the main beneficiary. EB2 I folks who are lucky with RD before the current processing dates (mid July) can expect surprise mails. Good luck
If EB2-I moves to June 2006 then EB2 C will almost be in the same or better position. So June 2007 bulletin folks aka EB2-C (Jan 2006) will be the main beneficiary. EB2 I folks who are lucky with RD before the current processing dates (mid July) can expect surprise mails. Good luck
vunlucky
09-11 10:34 PM
Contributed $100 through google checkout.
Trying to send as many signatures as possible with a day or so.
Trying to send as many signatures as possible with a day or so.
more...
insbaby
03-04 02:33 PM
I have seen my friends refinancing, received mixed results.
Few say, can not approve loan because of temproary status (They have no answer for why they allowed last year when purchasing the home).
Same guys were able to get it done thru other banks.
EAD - is not popular as H1B in the financial area. They don't understand. You have to give this as a supporting document along with your H1B Visa and I-797.
Few say, can not approve loan because of temproary status (They have no answer for why they allowed last year when purchasing the home).
Same guys were able to get it done thru other banks.
EAD - is not popular as H1B in the financial area. They don't understand. You have to give this as a supporting document along with your H1B Visa and I-797.
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coopheal
12-24 04:01 PM
Lets revive the campaign to remove country limits.
It is hurting EB immigrants from India and China and still people are unwilling to make this an important issue. We have not seen any employer take this up as an issue. However if you see country cap being added to the amnesty bill, the entire lobby of these people will make noise and will not let this happen. So let us stop giving arguments like diversity etc to ourselves because that really is not an argument across the board. So if country cap is an important issue for Indians and Chinese, they need to lobby hard against it. This has not really happened. Instead we get caught up in action items for small things that the community really wants. Imagine if the country caps are removed, the dates will move much faster. There needs to be strong support from the community if country caps were to be removed in CIR next year.
It is hurting EB immigrants from India and China and still people are unwilling to make this an important issue. We have not seen any employer take this up as an issue. However if you see country cap being added to the amnesty bill, the entire lobby of these people will make noise and will not let this happen. So let us stop giving arguments like diversity etc to ourselves because that really is not an argument across the board. So if country cap is an important issue for Indians and Chinese, they need to lobby hard against it. This has not really happened. Instead we get caught up in action items for small things that the community really wants. Imagine if the country caps are removed, the dates will move much faster. There needs to be strong support from the community if country caps were to be removed in CIR next year.
more...
jetflyer
02-24 08:29 AM
Your situation is similar to mine and I am sure lot more IVans are going thru the same.
I am in US for 10 years on H1b + EAD, and almost every day I attempt to weigh my options. It gets even tempting for people from India and other similar economies where finding a job is now piece of cake (for skilled worker). I also got carried away with American Dream and got into cars, house etc. assuming Legal Immigration is a sure shot in the land of opportunity, its just matter of time due to slow process but once you are in the line you are pretty much set. But now after so many years, situation doesn't looks that promising, especially after leaving what we had backhome, missing opportunities that other who-stayed have enjoyed, and now tempted to leave what we have build in US, brings me to square one. But I must solidify my ground before moving forward, and hence as long as I have job and I am confident that I will have a job no matter how bad economy turns, I will keep serving this country, and when I find that I have to make unreasonable sacrifices I will quit and happily goto any other booming economy, it could be India, Brazil, or any other country but with solid PR prospects, where I don’t have to giveup my career advancements, and I can plan for long term.
Good Luck & hang in tight.
I am in US for 10 years on H1b + EAD, and almost every day I attempt to weigh my options. It gets even tempting for people from India and other similar economies where finding a job is now piece of cake (for skilled worker). I also got carried away with American Dream and got into cars, house etc. assuming Legal Immigration is a sure shot in the land of opportunity, its just matter of time due to slow process but once you are in the line you are pretty much set. But now after so many years, situation doesn't looks that promising, especially after leaving what we had backhome, missing opportunities that other who-stayed have enjoyed, and now tempted to leave what we have build in US, brings me to square one. But I must solidify my ground before moving forward, and hence as long as I have job and I am confident that I will have a job no matter how bad economy turns, I will keep serving this country, and when I find that I have to make unreasonable sacrifices I will quit and happily goto any other booming economy, it could be India, Brazil, or any other country but with solid PR prospects, where I don’t have to giveup my career advancements, and I can plan for long term.
Good Luck & hang in tight.
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Leo07
05-03 02:28 PM
^^^^^^^^^^^^^^^^
more...
yabadaba
07-11 02:29 PM
Actually - I went to Cambridge High!! I cannot believe you missed that one!! What about Modern High?
cambridge high is a mallu school :D
cambridge high is a mallu school :D
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sidbee
08-13 06:30 PM
If anybody thinks that he can file a lawsuit against EB3 to EB2 porting , and he will win , I am pretty sure he is wrong , He is just talking from his heart.
EB3 is screwed, and we have nothing other than hope , Wait Wait Wait.
There is no use for EB3 to be sad , and unhappy.Enjoy your days here and work here till you want to , if u have to leave US leave US.
Que Sera Sera..
I am not a lawyer and this doesn't constitute as a legal advice.
EB3 is screwed, and we have nothing other than hope , Wait Wait Wait.
There is no use for EB3 to be sad , and unhappy.Enjoy your days here and work here till you want to , if u have to leave US leave US.
Que Sera Sera..
I am not a lawyer and this doesn't constitute as a legal advice.
more...
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diptam
08-11 03:14 PM
ssss,
I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.
Would you mind if i ask you when you've seen the LUD change before approval ?
Thanks for your time !
I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters
I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.
Would you mind if i ask you when you've seen the LUD change before approval ?
Thanks for your time !
I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters
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I_need_GC
02-27 02:46 PM
It was filed with the Nebraska service center
Fax to Texas
214-962-2632
Providing an covering letter along with a copy of your supporting documents
Fax to Texas
214-962-2632
Providing an covering letter along with a copy of your supporting documents
more...
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ItIsNotFunny
10-21 11:06 AM
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
Guys,
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
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
Guys,
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
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GTGC
09-11 10:12 PM
Contributed $100 -Google order #620356280075982.
Volunteering for the rally....and will be there on 18th!!
This is history in the making guys we have to make its a huge success!!!Great job IV!!
Volunteering for the rally....and will be there on 18th!!
This is history in the making guys we have to make its a huge success!!!Great job IV!!
more...
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Macaca
01-06 12:28 PM
You have some more in other science related disciplines like TIFR (not sure if they give M.S. degree).
I did not see MS in any discipline.
They had PhD CS also; my friend got PhD from there.
They also had something like a CS diploma (don't remember details). They had 10 (??) theoretically sound courses. Students in most US schools will not be able to handle these courses.
However, course content is not the only strength of US Education (all levels). Something else (which is hard to enumerate and quantify) happens outside the classes. But it does not happen to everyone: some are not receptive and others don't run into it!
I did not see MS in any discipline.
They had PhD CS also; my friend got PhD from there.
They also had something like a CS diploma (don't remember details). They had 10 (??) theoretically sound courses. Students in most US schools will not be able to handle these courses.
However, course content is not the only strength of US Education (all levels). Something else (which is hard to enumerate and quantify) happens outside the classes. But it does not happen to everyone: some are not receptive and others don't run into it!
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Jimi_Hendrix
08-10 06:01 PM
When can we expect these Op-eds to be published? Will you be posting some kind of update here to let us know?
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skc526
07-18 04:57 PM
Contributed $100 for now through Google checkout. Will be giving more eventually. :)
rajarao
09-10 07:28 AM
Data available in Mumbai consulate website
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Great Job TSC/NSC and DOS.
One day 2006 applications are approved and next month you go into stone ages. What a wonderful system....
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Great Job TSC/NSC and DOS.
One day 2006 applications are approved and next month you go into stone ages. What a wonderful system....
geevikram
06-10 08:50 AM
IF you've not called already, the visa bulletin is probably a very good reason for you to call :
http://immigrationvoice.org/forum/showthread.php?t=19387
-V
http://immigrationvoice.org/forum/showthread.php?t=19387
-V
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