Milind123
09-17 01:04 AM
Listened to the recording. I simply cannot believe what the host was babbling again and again about. He was repeatedly asking Jay “Why should the laws be changes which were set 50 years ago?” I will tell him why the laws are normally changed in general (not related to our case at all). They are changed because by definition law is supposed to be just; it is supposed to be equal. It is required to be non-discriminating. It is changed because people’s life is affected adversely if it remains constant. Laws of nature are the only set on laws that cannot change and that is true because they took billions and billions of years to perfect themselves. Laws of any country on this earth are not perfect. They are made by human beings, who tend to make lot of mistakes. Now, what is amendment? It is a set of new rules that are written to rectify any mistakes made in the existing laws. That itself is changing the law, my friend Raj. There is no county on this earth whose laws have remained the same for a very long period of time, and yet keeping all the people in that country happy. Laws get changed because of the new values added to the system. That is why, my friend Raj, slavery was abolished in 1863 by President Lincoln (BTW my most favorite President). This did not happen by magic. It happened only when the president issued an Emancipation Proclamation, which basically is a law and the jist of that is , "all persons held as slaves henceforward shall be free”. Now how did this happen? Because of the civil war and why did the civil war took place? Simply because people cannot take it anymore. You should know all this Mr. Raj Khanna, you were there to witness it with your own eyes when you were 147 years old (well at least that’s what you claim through your profile).
Raj’s profile
http://www.blogger.com/profile/10263796867450932249
PS I did not listen to the antakshri, but if some of us did listen, we need to provide the curious lady with the correct answer, maybe her GC case is also pending for the last 7 years (probably a future member of IV).
Raj’s profile
http://www.blogger.com/profile/10263796867450932249
PS I did not listen to the antakshri, but if some of us did listen, we need to provide the curious lady with the correct answer, maybe her GC case is also pending for the last 7 years (probably a future member of IV).
wallpaper as one of World#39;s Top Ten
immm
07-24 02:00 PM
That gives me some hope..My PD is EB3 India Oct 2004...I am filing 485 now..hope I get GC in 2 years from now!!!!
Haha, me too! My PD is EB3 India mid-march 2002!! And I just filed I-485 thanks to BEC.
Talk about some people getting just so lucky!!
Haha, me too! My PD is EB3 India mid-march 2002!! And I just filed I-485 thanks to BEC.
Talk about some people getting just so lucky!!
ind_game
05-15 10:13 AM
Hi ind_game,
For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.
Please correct.
I have corrected my previous post. thanks ak_2006
For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.
Please correct.
I have corrected my previous post. thanks ak_2006
2011 World Wonders Map
gclabor07
07-11 10:52 AM
Folks,
Congrats to all those who are current. I'm keeping my fingers crossed for my chance to file I-485. It would really benefit the rest of us who missed the last July 07 boat.
Congrats to all those who are current. I'm keeping my fingers crossed for my chance to file I-485. It would really benefit the rest of us who missed the last July 07 boat.
more...
needhelp!
09-11 11:27 AM
coopheal,
Thank you for you generosity!
Thank you for you generosity!
gcisadawg
02-10 08:30 PM
I think, gcisadawg, the problem is the structure of the indian society. This is true with westerners too but as much true.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
Well, couple of my friends are "house husbands" now...they got laid off and their wives are still working! :D
Agreed, it is all situation based. As long as one is not forced, a couple can talk between themselves and come to an amicable solution.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
Well, couple of my friends are "house husbands" now...they got laid off and their wives are still working! :D
Agreed, it is all situation based. As long as one is not forced, a couple can talk between themselves and come to an amicable solution.
more...
ajju
09-04 12:28 PM
Had anybody have to send Driving License for filing extention of h1b?
I am not understanding if sending DL is an issue or your concern is just over why USCIS is even asking for it?? USCIS does lot of things in unexpected way.. so I won't be surprised...
I am not understanding if sending DL is an issue or your concern is just over why USCIS is even asking for it?? USCIS does lot of things in unexpected way.. so I won't be surprised...
2010 Wonders of World, Ellis Bridge
JunRN
05-15 09:58 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.
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.
more...
ThinkTwice
07-20 10:07 AM
Did you know that Aman Kapoor the founder of IV has contributed $64000 of his personal money towards the efforts of IV? Yes that is correct Sixty Four Thousand USD. http://www.businessweek.com/bwdaily/...eek+exclusives
I was dumbfounded when I first found this out. The man must have real conviction, courage and belief in himself and this effort to do such a selfless act and I am not even talking about the hours and hours of time, mental energy, physical stress and emotional capital he must have invested into OUR effort and I am not talking about all that because that is immeasurable and there is not much we can do to repay all that back but apart from being for ever indebted there is something we can do.
We can reach for our wallets and repay IV core members who have contributed selflessly to OUR cause.
Every one of us has benefited in some way or the other because of our association to IV and who do we have to thank but the core team who have put so much on the line for OUR cause.
Please join in this effort to reimburse the expenses incurred by IV core to fight for OUR cause. Join http://immigrationvoice.org/forum/showthread.php?t=10708
I was dumbfounded when I first found this out. The man must have real conviction, courage and belief in himself and this effort to do such a selfless act and I am not even talking about the hours and hours of time, mental energy, physical stress and emotional capital he must have invested into OUR effort and I am not talking about all that because that is immeasurable and there is not much we can do to repay all that back but apart from being for ever indebted there is something we can do.
We can reach for our wallets and repay IV core members who have contributed selflessly to OUR cause.
Every one of us has benefited in some way or the other because of our association to IV and who do we have to thank but the core team who have put so much on the line for OUR cause.
Please join in this effort to reimburse the expenses incurred by IV core to fight for OUR cause. Join http://immigrationvoice.org/forum/showthread.php?t=10708
hair Wonders of World Windows 7
indyanguy
08-13 04:51 PM
I believe everyone is thinking in the same direction... but if and only if we're able to come out of the blackhole called I-140.
Well, you don't need to wait for I-140 to come out of the blackhole if you are dumping the old case and starting a new EB2 case. According to my lawyer, new EB2 140s are getting processed at a much higher rate than those EB3 140s that were filed July 07.
Well, you don't need to wait for I-140 to come out of the blackhole if you are dumping the old case and starting a new EB2 case. According to my lawyer, new EB2 140s are getting processed at a much higher rate than those EB3 140s that were filed July 07.
more...
chinna_sss
06-25 01:06 PM
Employed based people investments. I think everyone know how employment based people is earning .
hot stock photo : Seven wonders of
vik352
09-11 04:17 PM
This sounds like a great idea. It conveys our message and is funny which is why it will be picked up by media, that is exactly what we need. I am in.
more...
house Ancient Wonders of The World
uma001
05-05 02:55 PM
Are you guys calling during work hours?
Are you guys calling from cell phone?
Are you guys calling from cell phone?
tattoo FACTBOX The New 7 Wonders of
bsbawa10
03-17 09:12 PM
Many H1s like me have their non-working spouses on H4 visa who are not given SSNs. Do we not pay taxes ? Do we not pay Social security ? We do, and therefore we should also be eligible for the Stimulus package. Indeed my son is autistic and disabled but we are not eligible for any kind of aid but we pay tons of taxes and social security. It is highly non-justified think. I know people will argue a lot if it is compared to slavery. But it is a "modern form of slavery". Yes, we are in this country with our own will but that is what they are making use of.
more...
pictures The New 7 Wonders of the World
makemygc
10-25 11:59 PM
I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
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 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
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
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
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
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
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 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
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
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
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
dresses Wonders of the World The
superdude
07-18 03:04 PM
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
That requires sorting of the application by PD. But the SOP does not mention anywhere about the PD Sorting. I am sorry for you guys.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
That requires sorting of the application by PD. But the SOP does not mention anywhere about the PD Sorting. I am sorry for you guys.
more...
makeup seven-wonders-of-the-world
andycool
04-12 12:02 PM
no answer ?
May be they had some other Add Already posted :cool:..
May be they had some other Add Already posted :cool:..
girlfriend wonders of the world.
hpandey
08-13 04:24 PM
EB3 can only be helped when every one else is done.The way the preference categories are setup is that and the numerous cases from 2001 amnesty flooded the EB3 queue causing the retrogression. I don't suppose there can be any thing done to help EB3 specifically. We are at the bottom of the pile. If we have to be helped to get up, every one on top needs to be helped first.
Unless the visa recapture happens, there is no hope. Folks with 2001/2002 PD , keep your spirits up. You are almost there.
All others, if you can try EB2 porting, that's the way to go.
---
EB3-I , May 2006
Contributed 100$
EB-3 won't need help when everyone else is done because the only people left to allocate visas would be EB-3 only . I guess we are just in for a long long wait.
Unless the visa recapture happens, there is no hope. Folks with 2001/2002 PD , keep your spirits up. You are almost there.
All others, if you can try EB2 porting, that's the way to go.
---
EB3-I , May 2006
Contributed 100$
EB-3 won't need help when everyone else is done because the only people left to allocate visas would be EB-3 only . I guess we are just in for a long long wait.
hairstyles The Seven Ancient Wonders of
pcs
07-05 10:45 AM
Why Dont You Do It ??????????
santb1975
06-06 10:06 AM
Chanduv - Great to see you back here and rallying IV'ans
Come on IV heros - you can do it. Lets push this thread on top
Come on IV heros - you can do it. Lets push this thread on top
mirage
04-01 01:50 PM
Who brought you to this country ? Do you have any kind of formal education or not ?? You don't understand the concept of Public office... USCIS is a public office they are answerable to public, taxpayers like me and others(I'm not sure about you). If each of us thought that way than we wouldn't be here, we have changed several things in the past and will continue our efforts to do so in the future, and BTW what are you doing here, get the H.O. of here...
Excuse me...What do u wanna ask the USCIS? U wanna put ur hand where it dozn't belong to? Good luck with that!!! I dont mind so many red dots. But I just wanna make my point. Just imagine one thing... U have a family. Someone from the outside doesn't like the way you are treating ur wife and asks u to divorce ur wife. How wud u feel? U r a NOBODY. Dont u get it? U just cant change a foreign land's system. Protest, conduct rallies...thats fine. But u have no rights to dig and delve into how USCIS is functioning. U R A NOBODY.
Excuse me...What do u wanna ask the USCIS? U wanna put ur hand where it dozn't belong to? Good luck with that!!! I dont mind so many red dots. But I just wanna make my point. Just imagine one thing... U have a family. Someone from the outside doesn't like the way you are treating ur wife and asks u to divorce ur wife. How wud u feel? U r a NOBODY. Dont u get it? U just cant change a foreign land's system. Protest, conduct rallies...thats fine. But u have no rights to dig and delve into how USCIS is functioning. U R A NOBODY.
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