Saturday, June 25, 2011

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  • add78
    06-20 10:30 AM
    Is there no one here who has a few $ to donate to the organization that gave them so much back, just think about how lucky some of you were to be able to file 485 last july! That alone should be enough reason to donate! Please, please give back to the community that gives you so much in return!
    Do what you can
    At least do the action items and call the representatives.
    Thousands of legal immigrants waiting in EB queues and yet we can't reach even $20K. Let's change this perspective. Please donate in your good conscience.

    Thank You.




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  • satyasaich
    08-02 03:45 PM
    Sri

    Certainly that's a good news. But may i ask you which service center you called in ? is it NSC or TSC

    Thanks
    Satya
    QUOTE=srikondoji]I have talked to a representative and he very patiently explained me about the mess.
    He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.

    He mentioned that they are working hard to meet this deadline.
    Hope this clears the anxiety.[/QUOTE]




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  • ind_game
    05-15 11:04 PM
    Thanks for the reply. I hope that this time it gets approved. I think the best approach to this is to show the timeline of your petition and I-485, with accompanying evidence for each point in time.

    I guess that the supervisor of the IO processing your case did not even bother to review the MTR. As I understand (correct me if wrong), MTRs go to the same IO who denied your case but it has to be reviewed and approved by the Supervisor.

    Thanks for your wishes.
    I agree with you regarding the timeline and evidence. I have mentioned it to my attorney numerous times. My attorney was insistent that adjudicating officers can see all my info on their computer screens. It is only a matter of looking at the info correctly.
    It looks like the first MTR went to the same IO who denied my I-485. I could say it from ID in both the denial letters.




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  • chanduv23
    09-16 08:50 PM
    Unable to participate due to prior commitments (travelling in Mid West)

    Contributed $200
    Google Order # 332995467726386

    Appreciate IV's initiative. Thanks a ton.

    Thanks - for your contribution



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  • amitjoey
    07-18 04:43 PM
    Is this discussed already , I am not aware , because I am just following this site since a week.

    Welcome to IV




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  • JunRN
    08-20 09:36 PM
    While Illegal immigrants are simply using international drivers license, we, legal immigrants, are having difficulty getting to drive legally. This is simply ridiculous.



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  • gc_peshwa
    04-30 02:04 PM
    I am done calling all listed republicans :) I thought they are the ones who mattered most as Dems are/will jump into the bandwagon sooner or later.
    I am not sure if the senators will ever receive our heartfelt pleas and messages.I pray they do...
    I felt like a lobbyist while calling their offices...only that I was lobbying with their staff to pass on the message.. :D

    Gist: Some of the staff members (I hope not Senators) THOUGHT CIR==AMNESTY for illegals and told me point blank Senator doesnt support CIR for the same reason. I explained to them CIR is not only about illegals and amnesty and that legal immigrants will be helped a lot. These GC applicants would become their voters in near future.

    Here's the status for today

    Graham - spoke to staff No position on bill yet
    Gregg- spoke to staff member no position sounded like she is faking noting down details
    Lugar - spoke to staff promised that Senator is very supportive of CIR left my details
    Enzi- spoke to staff member does not support CIR left my details
    Ensign-no position on it yet
    Hatch-against amnesty left details
    John Kyl-supports legal immigration left details
    Cornyn-voicemail
    McConnell-no position yet left details with his staff

    Will run through rest of the list next week.
    Thanks to IV. You guys are doing a great job!




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  • singhsa3
    07-20 04:07 PM
    Not really, your I-485 information has to be put in the system first.
    If I am first in the list, base don the claculation, I will get it in 5 minutes,Thats true, the last person will have to wait for 20 months:)



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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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  • vin13
    03-12 12:43 PM
    Yes...this how we need to work. Why you dont support the donor idea. We dont need the free riders. We need only comitted people and not junks

    I support the donor idea. But there is no transperency to who is leading what initative. If i want to contribute my time, i have to read through the posts every day for several hours to find who is leading the effort so i can discuss with them. Sometimes i feel there is so much more talk.

    Why don't we list out the initiatives that is being considered or worked on. Along with some contact information so people can discuss offline with them. I cannot be online for several hours and read through all the discussions and still not find out who is coordinating the efforts.



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  • texanmom
    09-12 12:23 PM
    Please post a draft of all the letters here so we can use them/ modify them if necessary.




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  • eagerr2i
    11-06 12:21 AM
    Dear Jimi,

    I am here in Los Angeles County in the city of Pasadena. It would be really nice if we could organize the So Cal Chapter and coordinate our " meet the lawmakers type meetings in the LA/San Diego area.

    Thanks for taking the lead on this one. I will ask others that I know in LA to join this capter as well.

    Thanks.

    AS



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  • gcjones
    07-16 11:06 AM
    $10




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  • Green.Tech
    06-01 07:46 PM
    Back to the top!



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  • ramus
    07-19 06:16 AM
    Only when you contribute more.. just kidding.

    Thanks for your contribution.


    Just did a paypal payment of $100
    Confirmation Number: 42U11755V4035824R.

    Great job, IV. I am proud to be a member of this community?

    Where can I get an F5 key? :)




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  • sandiboy
    07-18 04:11 PM
    Assuming the possibility that PD will be "unavailable" for the next few months at least, then on what basis do they allot visa numbers . PD or 485 receipt date

    I believe Visa number is allocated only at time of Adjudicating i.e once everything is clear. At the time of adjudicating your PD should be current & you should be ahead of others per RD.



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  • rainy
    09-09 03:44 PM
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  • immm
    07-19 01:21 PM
    Cases will be processed on RD only. However approval is based on PD.

    Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.

    Not necessarily. Here is a hypothetical scenario:

    PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
    Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
    PersonB = PD of May 15, 2002 and RD of July 15th 2007.

    USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).

    Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
    PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!

    .




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  • Ram_C
    09-28 07:18 PM
    Receipting people are not the ones adjudicating the cases. They are different people. So there is no used stopping the receipting.

    If this news is true, then we can see "wild" approvals before the end of September. Some people with complete cases may overtake others.

    Its already end of September, today is the last working day for the month of Sep and moreover do you think the IOs at USCIS are determined to allocate/ use all the visa numbers for this fiscal year??? HELL NO , they give a rat's a** about it and that is why we din't see any "wild" approvals.




    Milind123
    09-16 02:12 AM
    Important people (lawmakers and others who can make things happen) know there is a problem with GC. They don't know how big. We show up in small numbers; well, they are going to interpret it like that; a small problem; as simple as that. To solve small problems takes big (long) time.

    The funny thing is, if this happens; people who knew that the size of the rally mattered, and who could have very easily showed up, but will not come, assured in their mind, other people will show up, also end up being losers.

    You want to know who these people are; people who will go to the office that day, people who do not have a single (even unimportant meeting), people whose boss don�t care if they are in the office or not, those who have no deadlines, those who have plenty of PV days left, those within 100 miles of DC, those who can pick up the phone on 18th and tell their boss about taking a day off (and the boss replying �OK That�s fine�), the people who will waste their entire freaking day going to sites like CCN, ABC News, Samachar.com and god know what other sites, trying to find the latest news about the rally, and once in a while folding their tiny hands and looking up at the roof of their cubicle and murmuring �Please God, make this rally a grand success�.

    No amount of coaxing, urging, reasoning, and other forms of persuasion will ever let us drag you out of your cubicle.

    Confused if you belong to this group. Think hard for about 10 minutes before you start insulting me. Maybe one of the above points doesn�t apply to you. In my dictionary, not attending the rally, certainly doesn�t put you in this very special group of people. All the points stated above need to be applied (including the prayer point) to you, to qualify.

    Please also visit

    http://immigrationvoice.org/forum/showthread.php?t=13427




    Raju
    07-06 02:01 PM
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