Thursday, June 16, 2011

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  • HRPRO
    02-23 04:31 PM
    Well, I had a Infopass last week to check on a Soft LUD on my I-140, I heard slightly different story, they did not say adjudicating the EB application, but Process the EB application, which I guess what they were saying is pre-adjudicating the cases, in the last few weeks with lot of cases being transferred (both EB2/EB3) to different offices, pre-adjudicating the cases makes sense....but hey, we are talking about USCIS here, we never know, whatever you heard could be true too......

    One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??

    What is LUD




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  • Raju
    07-06 02:00 PM
    No This is a height of Cruelity from USCIS. They must have interpreted lot of phone calls and inquiries as "people might not have understood the revision" as they are not from "English Speaking" countries so change it and put "Flip" and "Flop" together as somebody mentioned ahead. But if people might not have understood "Flip" and "Flop" then how can they understand "Flip-Flop"?:)

    They posted the revised bulletin in a hurry. They should have done this on July 2nd. The actual july bulletin consists FB dates and other dates.




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  • Green.Tech
    06-21 11:07 AM
    ...to lobby for these bills.

    Please revive the funding drive by your valuable contribution.




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  • chanduv23
    08-12 11:29 AM
    Almost all companies, in every field (engg, medicine, nursing, research..) hire people through contracting agencies. Most of the companies these days hire only US citizens or GC or EAD and try best not to hire H1b and if you look at their employees, it is rare to find 50% or more h1b holders.

    On the contrary, outsourcing companies may have majority of their workers coming here on L1 or H1b and when such a fgee is imposed, I guess, for the biggies, it is just a small adjustment in their costs of bringing workers which they will adjust in their other expenses.

    Overall, I am not sure, how much revenue such a law will generate. Will it generate enough revenue which is being claimed (600 million?)

    To me, this kinda speech and trashing Indian companies and outsourcing etc... and showing that they acted on it just looks like it is pure politics to save face during the election year.



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  • chandsri81
    05-14 10:35 AM
    thanks! thats encouraging..they already gave us a conditional approval last week asking for some documents, which I sent immediately. They didn't even open my documents for a week, and then the underwriter came back asking for some more things including this I94..these people are crazy! Today's my deadline and i still haven't heard anything

    I will let you know if they refuse the give us a loan..thanks again for the help!




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  • Blessing&Lifeisbeautiful
    08-03 09:08 PM
    guys,

    any updates on the bridge bill for schedule A Nurses.
    Heard that it is proposed and not passed till today. Any future predictions. The healthcare shortage is critical.

    any updates on the bridge bill for schedule A Nurses.



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  • Ramba
    10-21 04:07 PM
    How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?

    There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.

    It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.




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  • justAnotherFile
    08-08 03:22 PM
    good note.

    I think a line or two on how the EB immigrant is hampered while waitng for those 5-10 years will be useful. (i.e limited by not being able to switch jobs or even roles within the same company because switching would mean restarting the GC all over from scratch, and spouses having to remain idle even if they are highly qualified on their own, and difficulty of investing in real-estate without any permanance)



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  • India_USA
    04-29 03:10 PM
    way to go pappu!
    we will take this on definitely!!!!!!!!! And we will recognize ourselves as Immigration Voice members in our calls




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  • chanduv23
    05-18 04:33 PM
    Hi Chanduv23,

    Thanks for the reply.

    Can you let all of us know the follwoing:

    1. What are the steps involved in to do everything right?
    2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
    3. If not then what are the disadvantages or if can't trust employer ?

    Please let us know about all the steps involved to switch employer by invoking AC-21?

    regards,
    waitingmygc

    Ok, basic steps

    (1) Make sure you have your petitions in the online portfolio.
    (2) Make sure you report address changes promptly and they have latest address on file
    (3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
    (4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
    (5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
    (6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
    (7) Keep a copy of 140 approval - though it may not be required, but good to keep.
    (8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
    (9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
    (10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
    (11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.



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  • sparklinks
    07-14 01:18 PM
    Done




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    07-11 07:47 AM
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  • inthehole
    05-20 12:03 AM
    First of all congratulations to ind_game.

    Today I received NOID for not submitting AC21. My I-140 is not revoked. I received an RFE last month for birth certificate & updated g-325a form. In the g-325a form I mentioned my current employer which would have triggered NOID for AC21.
    I left the GC sponsored employer after 9 years on May 2008 well after 180 days and joined an insurance company. The company got hammered by financial crises. So I left that company and joined other stable company on Dec 2009 as a full time employee.
    My current job description is similar to the one mentioned on ETA but not same. I am not sure if changing 2 jobs will be a problem.

    If anyone had submitted any documents for AC21 please share. I will really appreciate it.




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  • satyasaich
    03-08 09:50 AM
    I'm listening now and discussion is interesting


    One needs Realplayer to listen to the hearings. But even then I only get a high pitched sound.



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  • gclabor07
    05-30 02:22 PM
    Let's contribute and give IV the muscle it needs. Can we?




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  • r_mistry
    01-11 05:42 PM
    Hi,

    I just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???

    I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.

    Thanks,
    ______________________________________
    Filed I-485/EAD/AP - July 24th, 2007 - NSC
    PD - Oct, 2005 - EB3 - ROW
    I-140 approved - Dec 2006
    EAD received - Oct, 07
    FP done
    AP - Pending
    LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)



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  • santb1975
    07-15 10:21 AM
    Please keep track of $$ raised. It helps motivate ppl. to come forward


    I could keep track of that.




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  • pcs
    07-05 01:59 PM
    Good job pcs !!

    I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!

    Just please let me know. WSJ news article & Congresswoman's letter adds a lot of muscle in your argument when you meet them

    Some can use following letter to email / fax.............................
    ......
    .......


    Hi ,

    This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....

    pl. read on...




    Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.


    Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.

    On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.


    In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.

    A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.


    If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.


    What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date


    ARE WE ASKING FOR TOO MUCH ???????????????????




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  • chanduv23
    04-30 02:26 PM
    It is 2.25 pm and I still can't access the webcast. It was working fine 1h ago or so...

    I am not getting audio but able to see




    Gravitation
    12-18 11:12 AM
    I'm a great believer in Gandhi's beliefs.

    They're not applicable in this situation however.

    You need to hunger-strike when your lawmakers don't listen to you when you have no representation.

    Here, lawmakers will listen if you know how to lobby.

    A lot of people try to copy Gandhi's actions literally. Copy the philosopy if you must, not the direct actions.




    srinivas06
    09-10 05:03 PM
    Hello!

    If possible can you allow people to donate any amount they want?

    I did $100 donation and transaction Id is 4V64496321804025H. I have sent this information to all of my friends. There might be some people who want to donate but less than $100 one time donation.

    My understanding is that IV is having around 24,000 members and even if everybody donates $2 then it will be around $46K. So if possible please send a mail to all the members to do at least $5 donation.

    Thanks and Regards



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