loudobbs
09-09 11:39 PM
and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
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vindas
09-02 02:56 PM
Landed in US on 31st March 2002
Applied Labor ( RIR) in Sept 2003 in EB3
Got Labor approval in 2007
Filed I-140 in premium and got the approval in 15 days.
Filed I-485 in July 2007
Invoked AC 21 and changed employer in 2009
Got the 3rd EAD renewed
Still waiting with new hope every year
Applied Labor ( RIR) in Sept 2003 in EB3
Got Labor approval in 2007
Filed I-140 in premium and got the approval in 15 days.
Filed I-485 in July 2007
Invoked AC 21 and changed employer in 2009
Got the 3rd EAD renewed
Still waiting with new hope every year
swo
07-20 01:22 PM
It makes me laugh. Everyone screams and jumps up and down that they can't be part of a 750,000 person flood to USCIS.
And then they get that right.
And then they get all mad that they have to wait for their EADs.
I don't see how USCIS could ever make anyone happy!
And then they get that right.
And then they get all mad that they have to wait for their EADs.
I don't see how USCIS could ever make anyone happy!
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saketkapur
05-07 12:51 PM
can cal we also have an efax campaign going alongside??
more...
gc_chahiye
09-28 06:49 PM
Oh Law Firm Update :
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
wow. just wow. I dont know what to say. These guys NEVER learn.
huge retrogression, massive backlogs, lives on hold for years, all for this precious resource called a visa number, and they waste them again this year!
Even after ombudsman took them to task in his report.
Even after all the publicity of this issue.
Lawmakers dont allow recapture and USCIS keeps wasting them year after year.
This is sickening...
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
wow. just wow. I dont know what to say. These guys NEVER learn.
huge retrogression, massive backlogs, lives on hold for years, all for this precious resource called a visa number, and they waste them again this year!
Even after ombudsman took them to task in his report.
Even after all the publicity of this issue.
Lawmakers dont allow recapture and USCIS keeps wasting them year after year.
This is sickening...
willwin
06-11 11:49 AM
anyone wants to guess as to when EB3(I) will reach 2003 Dec. I know it is long long time away but it has to reach that date some time in the future.
Going by what has happened this year, assuming no legislation relief in the near future, dates are NOT going to move forward for EB3 for a very long time. The movement would be slow for EB2 I as well.
Reason, USCIS would have more resources (available) starting next FY and also if they were able to use up all VISA numbers in a FY when they had to handle several hundred thousands of EAD/AP besides naturalization cases, starting next year it is going to be an easy bet for them. So, the dates would move forward very slowly (with all the new I140 approvals coming in).
However, if there was any legislation relief, then it would be a different ball game altogether. May be we will see a repeat of 2002-2004 when all categories were current.
Going by what has happened this year, assuming no legislation relief in the near future, dates are NOT going to move forward for EB3 for a very long time. The movement would be slow for EB2 I as well.
Reason, USCIS would have more resources (available) starting next FY and also if they were able to use up all VISA numbers in a FY when they had to handle several hundred thousands of EAD/AP besides naturalization cases, starting next year it is going to be an easy bet for them. So, the dates would move forward very slowly (with all the new I140 approvals coming in).
However, if there was any legislation relief, then it would be a different ball game altogether. May be we will see a repeat of 2002-2004 when all categories were current.
more...
srikondoji
08-02 03:56 PM
I had an email conversation with my lawyer regarding 180 day portability.
She said that the count for 180 days should begin with notice date for safe side.
However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
This is what i got from my lawyer.
She said that the count for 180 days should begin with notice date for safe side.
However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
This is what i got from my lawyer.
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susie
07-13 09:37 PM
I think it is time to write to Senators and Congressmen about the DREAM Act. Please see the post below that the Act is being re-introduced. It is under the thread "Alert from AILA for Dream Act Support". We should make sure that it is appplied to all children, including documented. As it last stood in CIR, the DREAM Act applied to only undocumented children.
I am a legal skilled immigrant, came here in 1995, and am still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
I am planning to send emails to as many senators as possible over the weekend.
________________________________________
Alert from AILA for Dream Act Support
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
Any assistance you can give to help legal age out children would be fantastic I sent an e-mail to Weldon's office for an update today as we are waiting to hear if he will use our legislation and get a co sponsor to amend the cspa
I am a legal skilled immigrant, came here in 1995, and am still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
I am planning to send emails to as many senators as possible over the weekend.
________________________________________
Alert from AILA for Dream Act Support
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
Any assistance you can give to help legal age out children would be fantastic I sent an e-mail to Weldon's office for an update today as we are waiting to hear if he will use our legislation and get a co sponsor to amend the cspa
more...
pd052009
08-13 08:06 AM
Does any one know about any fee increase for H1B(Extn) premium processing because of border security bill? I have seen the below in immigration-law site.
------------------
The new filing fees will be a huge amount, especially when they decide to file a premium processing request.
-------------------
------------------
The new filing fees will be a huge amount, especially when they decide to file a premium processing request.
-------------------
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heywhat
10-08 01:15 AM
I got my I140 approved in just 3 months (filed in Jul'08 and approved in oct'08) .. My I140 was filed in EB2 at NSC...
more...
Robert Kumar
03-15 05:43 PM
btw you can check it out at
welcome to the icert portal (http://icert.doleta.gov/)
!!! T h a n k y o u !!!
welcome to the icert portal (http://icert.doleta.gov/)
!!! T h a n k y o u !!!
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tnite
07-20 07:53 AM
I dont understand why the democrats are hell bent on not helping the legal community and ofcourse sessions voted against us
what a shame!!1
what a shame!!1
more...
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offohh
08-02 05:21 PM
This link which is giving prediction for Oct, 2007 looks totally off to me.
if you see his EB3 predictions he is saying it will be close to to Jan 2007.
Where in Jan 2007 EB3 China was Aug 2002 not April 2005.
Don't know what is the reasoning behind these predictions.
if you see his EB3 predictions he is saying it will be close to to Jan 2007.
Where in Jan 2007 EB3 China was Aug 2002 not April 2005.
Don't know what is the reasoning behind these predictions.
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mita
09-10 02:20 PM
I am not sure if USCIS will move beyond April 2004 until Jan 2009 due to the holidays and election and as someone said they want to take it easy. Even if they move the dates it does'nt help unless they approve cases with certain process in place.
more...
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cooldude0807
11-26 11:22 AM
Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)
If this is confirmed news, i will revisit my blog and make changes
__________________________________________________ __
I think they prefer for us to be on H1 rather than on EAD because its easy to travel in & out of the country if you are on H1. If you use EAD then one has to use travel doucments which technically is to be used in an emergency. This is just my opinion!!
If this is confirmed news, i will revisit my blog and make changes
__________________________________________________ __
I think they prefer for us to be on H1 rather than on EAD because its easy to travel in & out of the country if you are on H1. If you use EAD then one has to use travel doucments which technically is to be used in an emergency. This is just my opinion!!
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santb1975
05-27 12:00 PM
hmmm
more...
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pappu
12-20 01:17 PM
Thank you Yabadaba. IV was able to help publish your op-ed.
http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521
Others, if you would like to use the might of your pen, pls write articles and op-eds and Iv would try to get them published.
http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521
Others, if you would like to use the might of your pen, pls write articles and op-eds and Iv would try to get them published.
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mirage
04-02 01:16 PM
Can somebody explain me why this disco guy and this Villamonte guy are even on this forum ??? We are sitting here for 9-10 years telling our folks in our home countries, I'll come in may, no probably july, no in july my papers goes for renewals,, may be Dec. no in Dec. tickets are too expensive and in March I have my project live date, may be next may oh no by then I'll have to send my papers for renewal.... well you know what, forget about me, you stay happy where you are and I live happily here....
And these people are telling us USCIS is doing what they should be doing...
And these people are telling us USCIS is doing what they should be doing...
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kaisersose
06-24 12:30 PM
Hasn't this been discussed already?
It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.
The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.
The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
Legal
08-13 05:22 PM
This the time to unite rather than giving up.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
The nurses bill is actually good for all EB applicants since 20k new GC numbers will be created. That's not from the EB pool.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
The nurses bill is actually good for all EB applicants since 20k new GC numbers will be created. That's not from the EB pool.
ras
10-16 05:47 PM
Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
Issue/Background:
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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any 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
Issue/Background:
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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any 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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