veni001
08-22 10:30 PM
Here is the link....
http://www.uscis.gov/USCIS/Outreach/Interim%20Guidance%20for%20Comment/Kazarian%20Guidance%20AD10-41.pdf
:rolleyes:
http://www.uscis.gov/USCIS/Outreach/Interim%20Guidance%20for%20Comment/Kazarian%20Guidance%20AD10-41.pdf
:rolleyes:
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mhathi
07-18 07:45 PM
the $20/mnth was pulled a while back- hardly anyone was signing up for monthly contributions and everyone went for the lwoest amount. all in all a shameful situation. my humble suggestion- in a lumpsome, donate the amount equivelant to 20/mnth for the next 4 mnths ie $80, then when the EAD comes you can start recurring contributions.
Thanks! That is exactly what we discussed after posting the above. Check will be on the way for $80 soon.
Thanks! That is exactly what we discussed after posting the above. Check will be on the way for $80 soon.
kevinkris
07-15 02:01 PM
Show your support to IV and help yourselves..
May be a toast for EB2 moving to 06/2006 ?
And to cheer up Eb3 folks..
May be a toast for EB2 moving to 06/2006 ?
And to cheer up Eb3 folks..
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WeldonSprings
05-02 04:15 PM
I know everyone has looked at the Visa Bulletin. Here is a quote from it-
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???
It really appeared to me that by the way lofgren asked the questions, and her comments (So recapturing is first step, She mentions "i will let the co-author know that you like the bill to uscis/state dept officials" etc. See the video again if u missed it out) makes me think they will go ahead and introduce in house for voting. What happens in the house is upto your speculation. Lets cross the fingers and wait for updates.
by the way they have 5 business days to ask any questions or clarifications which will end on Wednesday, So until then lets sit tight.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???
It really appeared to me that by the way lofgren asked the questions, and her comments (So recapturing is first step, She mentions "i will let the co-author know that you like the bill to uscis/state dept officials" etc. See the video again if u missed it out) makes me think they will go ahead and introduce in house for voting. What happens in the house is upto your speculation. Lets cross the fingers and wait for updates.
by the way they have 5 business days to ask any questions or clarifications which will end on Wednesday, So until then lets sit tight.
more...
sandy_77
06-24 03:17 PM
I suggest that you write at least two articles. First one should focus on our problems and costs involved at each stage for the current 5-7 years waiting period. A lot of guys out there against immigration do not currently know exactly how tuff it is these days to get a visa and come to US. Just imagine if somebody came to US on a student loan and was not able to get a job because of these visa problems as has started to happen over the last couple of years, how much financial burden he will have and how long it will take him to pay off these loans. explain how visa applicants are harassed buy the consulates, USCIS/DHS/DOS, lawyers, employers just because they can. Had everyone who came to US to study or work on his/her own merit been given a green card like visa as and when they wanted it, he/she would not be exploited, they would compete with any american citizen for a better pay (taking away the argument from the anti-immigrants that we are displacing the citizens by being underpaid). This I think would have taken away the argument that we are over populating the US or that we are immigrants for ever (not assimilating in the mainstream) because then we would be part of the mainstream and those who do not want to live in US forever (a significant number of people...leading to reduced immigration) could go back when they wanted. Look for all the problems we have to face on a day-to-day basis and ask whether we are asking more than some basic human rights and are we wrong in asking for these rights. Isn't it also one form of injustice when we are paying for medicare/social security without getting any benefits? Isn't it injustice when we cannot progress in our careers when we are stuck in this endless and ever increasing GC delays? Isn't it injustice when we are equated with the illegal immigrants? Isn't it injustice when we are asked to renew our status by paying ever increasing fees and endless documentation when there is no need unless one has left the country on his own and wishes to return? Does the country really need skilled immigrants and if it does why can't it allow them to live with some basic human rights and dignity. By denying the new immigrants these rights, dignity is the US promoting new-age slavery and forcing even the legal immigrants into shadows and back alleys of the society? Explore why some legal immigrants have to resort to illegal status (school going kids, family life, friends...age at which they migrate changes their social circle) when they cannot stay in status by legal means.
Once you have explored and educated your article readers about our situation, they will have a better understanding of what we are requesting the US govt is lot illegitimate and may even encourage some illegal immigrants into going the legal way.
Once you have explored and educated your article readers about our situation, they will have a better understanding of what we are requesting the US govt is lot illegitimate and may even encourage some illegal immigrants into going the legal way.
seekerofpeace
07-18 04:21 PM
I have a question.
If I485 is considered for adjudication only if the PD is current. Then why are we all filing in a hurry since everything will retrogressed by Aug 1st and the RD may take 1.5 to 3 months to come when surely everything will be retrogressed. Does that mean in that situation even EADs and APs will stop.
My wife is on F1 and I am on EB2 (Jul 04), I am worried about her status. My lawyer said she can still continue as a student and that it is a grey area the school never comes to know that she is in transition...once she gets EAD ofcourse everything becomes fine.....But in the current situation that seems a distant possibility to get a RD let alone EADs. So should I just file for myself and let her stay as F1.
If I485 is considered for adjudication only if the PD is current. Then why are we all filing in a hurry since everything will retrogressed by Aug 1st and the RD may take 1.5 to 3 months to come when surely everything will be retrogressed. Does that mean in that situation even EADs and APs will stop.
My wife is on F1 and I am on EB2 (Jul 04), I am worried about her status. My lawyer said she can still continue as a student and that it is a grey area the school never comes to know that she is in transition...once she gets EAD ofcourse everything becomes fine.....But in the current situation that seems a distant possibility to get a RD let alone EADs. So should I just file for myself and let her stay as F1.
more...
santb1975
06-20 12:53 AM
Are we not reaching 20K even??
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dval_dpal
12-11 07:26 AM
I got my loan approved in April 2010 from Wells Fargo, the under writer created some problems but my loan officer gave them references of prior loans getting approved for people on AOS so it worked out well in the end. I know a lot of people who's loans were approved (both conventional and FHA) and were on AOS. All the best hope everything works out well for you.
i sent all documents to loan officer at wells fargo for refinance. I sent I-140, EAD copy for immigration documents. just got email from loan office that he received my file back from underwriter and ask for greencard copy front and back as underwriter said EAD is not acceptable (Employer can not sponsor borrower).
could anybody please tell me what to do now?
thank you:(
i sent all documents to loan officer at wells fargo for refinance. I sent I-140, EAD copy for immigration documents. just got email from loan office that he received my file back from underwriter and ask for greencard copy front and back as underwriter said EAD is not acceptable (Employer can not sponsor borrower).
could anybody please tell me what to do now?
thank you:(
more...
hebron
10-29 08:29 AM
Hi Guys,
Could anybody let me know what job code is used for labor certification. Is it DOT or SOC?
Could anybody let me know what job code is used for labor certification. Is it DOT or SOC?
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mbawa2574
07-06 12:20 AM
mbawa.. It is always nice to sit on the side and blame it all on the leaders here. First thing you have to remember is that these poor/great folks (poor for representing people like you and great for working for representing all immigrant hopefuls) are really working for YOU and me. It is quite convenient to blame others than doing things yourself. If you think you are any better, why not come up with your USEFUL/GREAT ideas and see if the IV core respects those ideas or not. Lobbying or not, when the government is ready to think about CIR or immigration in general, I am pretty sure that IV can make OUR voice heard. Got the point?
Problem is not the members but the overall stratergy. I understand ur emotions but certainly we need change and action. Without aggressive stratergy that can punch the noses of people against our agenda, we will not be successful. As I said - this is not personal at all. I know some of core people very well and they are competent and bright boys. This has to do with overall stratergy and we need to be bit more agressive .Without a new team which will bring in a coordinated effort & energy into this , we will not make it. CIR may get passed and other immigration categories may benefit at our cost if we don't change our course . Thanks for sharing your thoughts.
Problem is not the members but the overall stratergy. I understand ur emotions but certainly we need change and action. Without aggressive stratergy that can punch the noses of people against our agenda, we will not be successful. As I said - this is not personal at all. I know some of core people very well and they are competent and bright boys. This has to do with overall stratergy and we need to be bit more agressive .Without a new team which will bring in a coordinated effort & energy into this , we will not make it. CIR may get passed and other immigration categories may benefit at our cost if we don't change our course . Thanks for sharing your thoughts.
more...
Green.Tech
06-17 09:27 AM
...to reach $20k.
Contribute folks!
Contribute folks!
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rajan1976
09-11 02:52 PM
Contributed nominal amount of $100. I won't be present at the rally but will watch it on TV.
Google Order #833674975303179
Good luck to all.
Google Order #833674975303179
Good luck to all.
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bayarea07
03-18 12:50 AM
I hope you would stop reading between the lines some day:-)
Why don't you listen to others on this forum? No one is out to screw H-1s and/or GC aspirants as far as the rebate is concerned. Read the previous post by gg10004. The law is not differentiating between a H1 and GC aspirant or a US citizen if none of them have a valid SSN. It is just unfortunate that H4s do not get SSNs. So stop getting paranoid.
Moreover, your response that your title "No Stimulus Package to H1's and GC Aspirants - Again We Loose 1200$" is justified because titles are not for stories or whatever makes you look like an utter idiot. Titles are for accurately reflecting the gist of the thread. If you have an issue with adding 5 more words to reflect the reality, then add only one word: "No Stimulus Package to SOME H1's and GC Aspirants - Again We Loose 1200$".
Why don't you listen to others on this forum? No one is out to screw H-1s and/or GC aspirants as far as the rebate is concerned. Read the previous post by gg10004. The law is not differentiating between a H1 and GC aspirant or a US citizen if none of them have a valid SSN. It is just unfortunate that H4s do not get SSNs. So stop getting paranoid.
Moreover, your response that your title "No Stimulus Package to H1's and GC Aspirants - Again We Loose 1200$" is justified because titles are not for stories or whatever makes you look like an utter idiot. Titles are for accurately reflecting the gist of the thread. If you have an issue with adding 5 more words to reflect the reality, then add only one word: "No Stimulus Package to SOME H1's and GC Aspirants - Again We Loose 1200$".
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smuggymba
08-23 09:14 AM
Only EB2-NIW (National Interest Waiver) even currently requires 10 years of work experience in the relevant field at the time of filing this is the category that does not require labor and van be self filed. The exceptional ability refers to Non US Masters folks Bachelors + 5 Years, now looks like this is bachelors + 10 years. The memo is currently not implemented Smuggymba I believe you should push your case in premium processing, probably you are not impacted though as you have a US masters (MBA). But there is no guarantee that they will not review all cases at the time of 485 once again. This memo / revised guidelines are indeed extremely scary. Kartikiran I agree with your thoughts about the direction in which things are moving.
oh it hurts....I just believed Kate and Bluekayal and became happy and now back to scary feeling.
oh it hurts....I just believed Kate and Bluekayal and became happy and now back to scary feeling.
more...
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Jimi_Hendrix
11-20 05:50 PM
Can you e-mail me at amitg_2000@hotmail.com with your contact information and your availability this week for a conference call?
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satish_hello
10-16 02:20 PM
Hi all,
I am planing to send letter to ombudsman for I-140 , can you some one tell where we should get sign from my employer. i mean which section Employer should sign in that form.
Can we send 7001 form without employer signature.
Thanks
I am planing to send letter to ombudsman for I-140 , can you some one tell where we should get sign from my employer. i mean which section Employer should sign in that form.
Can we send 7001 form without employer signature.
Thanks
more...
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SDdesi
07-13 03:23 PM
In San Diego
girlfriend Tags:Alis Volat Propriis,
immi_enthu
09-28 06:36 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.
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.
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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!!
eb3_nepa
07-15 09:25 AM
New Day today.
Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.
Also let us remember to update our signatures and include a link to this thread.
Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.
Also let us remember to update our signatures and include a link to this thread.
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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