Friday, June 17, 2011

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  • eb3_nepa
    04-25 02:51 PM
    I just wanted to bring it to the table...I think all of us have the right to voice our opinion & looks like we all have in the case. Now it should be upto the IV to take it or leave it. They are the leaders in this initative & let them make the final call on if it needs to be part of our agenda or not. Thanks

    I agree with u rajeev. Ideas are always welcome, u never know what u may learn. Guys pls treat these threads as information and debate with enthusiasm. If you dont like something being said then tell the forum why u feel differently. Unless it is something totally ridiculous and off topic, we shud allow different ideas and discussions. If someone here feels it is a waste of time, then dont read that thread. :)




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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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  • willwin
    06-11 12:29 PM
    Bump...waiting for a HERO.

    Become one.




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  • ItIsNotFunny
    10-22 02:54 PM
    Hi,

    I sent PM to 200 active senior members of forum requesting sending emails & mails.

    Criteria used:
    1. Has to have atleast one post after 1st Sep 2008.
    2. Has to have atleast 200 posts.

    I got very positive response from members saying either they already sent mails or planning to send very soon or over the weekend.



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  • prasadn
    07-14 11:42 PM
    Thanks for all the hardwork IV. I just contributed $25. Online billpay indicates it will be delivered on 07/21/2008. Confirmation no. 7YCC1-W6GYZ

    Thanks,
    Prasad




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  • dwhuser
    02-23 10:45 AM
    Me too. Actually , when the movement is not systematic and the gates are wide open, then they randomly pick up the cases and approve whatever file comes to them. The ones with older PDs suffer a lot while the ones with new ones get their GCs.

    I totally hear ya.....



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  • Alabaman
    07-20 01:06 PM
    Thats why we need to participate in the CNN Youtube video debate. See link

    http://edition.cnn.com/ELECTION/2008/youtubedebates/index.html

    Them democrats, they will never help us. Because as per them "we are stealing jobs". We should really start something like the flower campaign to expose all these double talkers. I mean go and see the youtube video by Hillary about how she likes legal immigrants and all that BS. Now contrast that with her "Ney" vote for an amendment which would have helped the legal immigrant community to a great extent. With the momentum that we have currently with media, we should really start exposing these people for who they are, a bunch of hypocrites!.




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  • rameshk75
    01-18 11:49 PM
    Check with your employer/attorney before going to the local office. They might have received your documents by now.



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  • Canadian_Dream
    06-02 01:56 PM
    You are not really screwed if (a big if) somehow you get a chance to file for I-485.
    PS: I am not supporting the bill and I hate it as much as you do.

    I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?

    I'm praying that it will not be given any consideration by those who have powers.




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  • Libra
    09-11 12:15 PM
    thank you param_r, ritu_raj and kittu1991 for your contributions.



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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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  • ssa
    08-15 12:16 PM
    I think we will see a renewed activity on IV forums in 2009. I still believe visa recapture bill like HR5882 has a good chance of getting passed. It may not get passed in this congress considering how few working days are left and presidential elections in November. But in 2009 the bill should gain new momentum with new congress and new president in office.
    Also, by that time EB2 dates will be again retrogressed and those impatiently waiting for their approvals today will be back to support new action items. Please don't take this as spiteful wish against EB2, I'm EB2 myself! Just that I don't think everyone who is current now will get their GC before October 2008. For once I would be overjoyed if I'm wrong on this one :)


    True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.

    We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.

    What are your thoughts?



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  • amdn123
    09-10 02:01 PM
    I guess we have till September 30 to hope for approval.
    PD Nov 2005.




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  • rameshk75
    01-18 08:40 PM
    I got the same message on 4th jan and received the AP documents from my employer today..probably it may take 10 days to receive from USCIS through Attorney/Employer..don't worry..you will receive on time...



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  • GotGC??
    01-04 02:45 PM
    ...here is the latest example (http://timesofindia.indiatimes.com/NEWS/India/For_IITians_today_home_is_where_the_moolah_is/articleshow/1054987.cms).


    'One leg of an IITian is in India, the other in Air India' went a popular wisecrack of the late 1980s and early '90s. No longer. The brain drain from IITs has diminished to a trickle, with only 21 out of 3,980 BTech graduates going abroad in 2006.

    About two decades ago, over 80% IITians hopped on to a plane for foreign shores, the preferred destination being the US. The 'IIT route' was a BTech from IIT, an MS (Masters) from USA and a dollar job. Much has changed since then, and brains that used to be siphoned off by developed nations are now preferring to stay back home.

    In the early 1990s, the outflow of computer science graduates to the US was so high that the World Bank, in a report, had suggested that an exit tax be imposed on IITians and other professionals leaving the country � this, it said, could earn the government over $1 billion (about Rs 4,400 crore) per annum. Today, if the government decided to adopt this, it would earn only crumbs.

    A quick look at statistics shows that in 2006, only three of IIT Kanpur�s 273 BTech students and two from the five-year MSc integrated course went abroad. All the others � 267 MTech students, two-year MSc grads and MBAs � stayed back in the country. At IIT Delhi, of the approximate 1,000 job-seekers, only one student went abroad to join CapitalOne, a financial consulting firm.

    The slowdown is evident even at the older IITs. At IIT Mumbai, 95% of the students were placed in India while at IIT Madras, only two BTech students went on to join Lehman Brothers at the Tokyo office.


    "There was a time when I had to set aside days to write recommendation letters for students wanting to go abroad, either to study or work," says Ashok Misra, IIT-B director. ��Now, because good jobs are available to BTech students, not many opt for post-graduate courses abroad. Only about 15% students go overseas for higher studies and approximately 5% take a job outside India."

    Ratnajit Bhattacharjee, faculty in-charge (training and placement) of IIT Guwahati, says corporate giants still opt for IITians but prefer to recruit them for their India operations. Bhattacharjee attributes the phenomenon of "almost zero brain drain" to the fact that MNCs have not just entered the country in a big way but are also looking at greater expansion here. "British Telecom used to regularly hire IIT Guwahati students,�� he says. ��It does today also, but for its Bangalore operations."

    Deepak Phatak, former head of the computer science department at IIT Bombay, who conducted exit interviews with students from 1991 to 1994, remembers almost everyone then was flying to the US.




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  • tikka
    07-06 11:13 AM
    http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/USCIS_Visa_scandal



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  • pd_recapturing
    11-25 09:37 PM
    bkn96, Thanks a lot for this information.

    Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?




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  • smisachu
    09-13 08:49 PM
    Yes, Can open an LLc or Inc even on H1. Make sure you look at tax laws in your state. A non operating entity also has to pay about $750/yr in Taxes (Varies from state to state) plus file annual reports etc all costing more $$$.

    So think it through before incorporating.


    With EAD ,can you register a LLC/Inc ? Has anyone tried this ?




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  • TO BE OR NO TO BE
    10-19 01:03 PM
    Hello,

    My wife's NJ license expired too and so was her EAD last month when we went for License renewal (Sept 2010). We had already applied for her EAD renewal which was in process a couple of days before we went.

    It was renewed till Feb of 2011.

    I would suggest you to take the following along with other stuff (to make up the 6-point ID):
    1. Whatever I-94 that is attached in your PP.
    2. Your expired EAD card.
    3. Your EAD renewal receipt.
    4. Just take along H-1B renewal receipt too (but it will not be of any help really).

    We went to Wayne DMV in Passaic county (NJ).

    Hope you get your license back soon.

    Hi

    I went to DMV this morning in Monmouth County, they reluctantly gave me a three months license till mid Jan 2011. I will have to wait till either EAD or H-1B to come back before that.

    Thank you very much!




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    07-14 05:17 PM
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    nashorn
    08-12 02:45 PM
    Where did you file your 485, and where is your 140 approved or pending, NSC or TSC? My impression is if your 140 is approved or pending at TSC, but you filed your 485 at NSC, your application will be transfered to TSC, and TSC will cash your check and issue your receipt. That is going to take more time. Correct me if i'm wrong. Any July 2nd filer in this situation has got receipt or check encashed by TSC?

    I know a friend whose application was recieved at 10:45 AM on July 2nd at NSC, he got the receipt number in July III week, our application was received at 8:26 AM on july 2nd, nothing till date, checks haven't been cashed...no updates!!

    So dunno how they are picking the applications, anyways there is good news that they are working on the July 2nd applications, and more & more of us are receiving the receipts numbers.:)



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