Suva
09-01 01:17 PM
It seems that your case is worst than all of us here in IV.
Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
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Milind123
09-12 12:27 AM
Come on folks step up to the plate. I want to send at least $100 tonight before I go to bed. Please PM me after you make the contribution.
InTheMoment
02-27 10:54 AM
I was thinking along the same lines. I have a pending RIR conversion case (with all recruitement done) since 5 weeks (Non-RIR PD March 2004) While DBEC has been approving the RIR conversion within a week and final certification in a couple of weeks, I have not heard of a single conversion and subsequent certification from the PBEC in the last 2-3 months (maybe I do not have as many data-points)
Guess will be losing all the efforts put into this conversion and a hopeful early certification as we near the Sept 07 deadline of DoL, just because of the ineffciencies and lax attitude at PBEC.
Anyone else had their RIR conversion at PBEC approved recently ?
Guess will be losing all the efforts put into this conversion and a hopeful early certification as we near the Sept 07 deadline of DoL, just because of the ineffciencies and lax attitude at PBEC.
Anyone else had their RIR conversion at PBEC approved recently ?
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amitjoey
05-13 09:45 AM
2 more days. Please call. those who have not please help.
more...
punjabi
08-13 04:52 PM
Hi buddyinus,
We all are going through hard time, but we do not need to display our hard feelings for someone through the forum! If you are upset at someone or if you have complains, email the Admin or a Super Moderator.
Do not write rude. Be a little professional at your behavior and communicate professionally.
Now, the fool is trying to change the subject by asking ppl to join the rally. Why in the world wud ppl trust him? The thread is barely 10 pages and after realizing that therez no point in discussing about what this thread is all about, he has shifted subject loyalites. How lame and insane is this guy? Pappu, LogicLife where r u guyz? Why dont u ban him?
We all are going through hard time, but we do not need to display our hard feelings for someone through the forum! If you are upset at someone or if you have complains, email the Admin or a Super Moderator.
Do not write rude. Be a little professional at your behavior and communicate professionally.
Now, the fool is trying to change the subject by asking ppl to join the rally. Why in the world wud ppl trust him? The thread is barely 10 pages and after realizing that therez no point in discussing about what this thread is all about, he has shifted subject loyalites. How lame and insane is this guy? Pappu, LogicLife where r u guyz? Why dont u ban him?
gcsim
02-25 05:30 PM
Why do you think there are not many cases in 2005?
Yes pls can u explain that.
Yes pls can u explain that.
more...
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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av2004
07-05 10:15 PM
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?
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jonty_11
12-13 02:04 PM
I think there are many ways to look at it. Doing Free service , yes it is a form of Gandhigiri, but will that cause the lawmakers to recognize us and pass laws in favor o fus..I do not think so.
I think our situation is no different than people in South Africa in Gandhian times. How Gandhi fought for them is by writing and writing and pestering the Authorities to reduce unfair taxes on Indians in SA and to solve other problems they had like cannot ride in the same Trains/cars as Whites etc...., fighting for their rights in a Vocal but Non Voilent - non aggressive approach.
We, in this post , have equated Gandhigiri with - divide ur attention - Go Do MBA- be occupied with something else while u are retrogressed, furthur ur career/skills,,,etc I do not think that is what Gandhigiri is about i.e. doing something for the self, but instead do it for the community. In this case IV is our community and its leaders are doing the right thing for our cause and if we continue to support that by adding members, funds we will do a fair bit of gandhigiri towards our cause.
I think our situation is no different than people in South Africa in Gandhian times. How Gandhi fought for them is by writing and writing and pestering the Authorities to reduce unfair taxes on Indians in SA and to solve other problems they had like cannot ride in the same Trains/cars as Whites etc...., fighting for their rights in a Vocal but Non Voilent - non aggressive approach.
We, in this post , have equated Gandhigiri with - divide ur attention - Go Do MBA- be occupied with something else while u are retrogressed, furthur ur career/skills,,,etc I do not think that is what Gandhigiri is about i.e. doing something for the self, but instead do it for the community. In this case IV is our community and its leaders are doing the right thing for our cause and if we continue to support that by adding members, funds we will do a fair bit of gandhigiri towards our cause.
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Libra
09-10 07:47 PM
thanks cirigadi, gctoget, rajamanikannan, hemants for your contribution. please attend rally too, we need to show big numbers at rally.
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Hermione
10-01 09:24 AM
Well, if they wasted more than 1,000 visas, I am going to write and call everyone on my list. Don't tell me they can't manage to appove 140K visas a year, or they are overloaded with work - USCIS approves a total of more than 1M green cards a year, so let's not pretend they do not have the capacity.
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ashutrip
06-20 08:30 AM
Any trend of backlogs getting cleared?
more...
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manand24
08-10 12:33 PM
No checks cashed for us yet.. check my signature for details..
No checks cashed, no receipts yet.:confused:
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
WIFE
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
No checks cashed, no receipts yet.:confused:
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
WIFE
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
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GCBy3000
02-12 02:26 PM
Check here on how to support IV with contribution.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
Hi All,
I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.
Thanks
RAJ
SWA: Virginia
SWA Receipt Date (Priority Date): October 31,2002
EB2 - RIR
Forwarded to Philadelphia Regional DOL on June 22, 2004
BEC Case Number: P-04282-*****
45 Day Letter Received and Replied : Feb 2005
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
Hi All,
I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.
Thanks
RAJ
SWA: Virginia
SWA Receipt Date (Priority Date): October 31,2002
EB2 - RIR
Forwarded to Philadelphia Regional DOL on June 22, 2004
BEC Case Number: P-04282-*****
45 Day Letter Received and Replied : Feb 2005
more...
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tinamatthew
07-20 12:47 PM
Please look at the discussion topic and then post you comments. :mad: :mad:
Sorry ... but please do you have an answer
Sorry ... but please do you have an answer
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Bodran
06-01 04:05 PM
That means your son is also able to file 485, right? In that case he will not age out once an AOS is submitted for him. I am assuming your 140 will be approved before he turns 21.
Thank you for your response......
Yes I believe paperwork will be filed for all my dependants concurrently. Does it even matter when the I140 is approved?
It seems that under the new law his cutoff date is Jun 1 since that is when my priority date will be current so as long as he applies for a green card within one year he is ok.
So if we apply concurrently when is his green card application deemed to have been applied for? When we file concurrently or only when and if the 140is approved.
What do you think?
Thank you for your response......
Yes I believe paperwork will be filed for all my dependants concurrently. Does it even matter when the I140 is approved?
It seems that under the new law his cutoff date is Jun 1 since that is when my priority date will be current so as long as he applies for a green card within one year he is ok.
So if we apply concurrently when is his green card application deemed to have been applied for? When we file concurrently or only when and if the 140is approved.
What do you think?
more...
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willwin
07-11 09:30 AM
If that is the case, why is there a big movement? I am assuming that the Jul 07 backlog has been significantly reduced and hence this big movement. Correct me if my assumption is wrong.
Yes, your assumption is wrong. The dates move when USCIS doesn't approve many cases ina month. That leaves DOS to believe that there are no enough demand and hence they move dates forward. but as I said, I am very positive that the movement is to facilitate CP to approve cases. I wont be surprised if they move EB2 further next month.
Yes, your assumption is wrong. The dates move when USCIS doesn't approve many cases ina month. That leaves DOS to believe that there are no enough demand and hence they move dates forward. but as I said, I am very positive that the movement is to facilitate CP to approve cases. I wont be surprised if they move EB2 further next month.
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sanam9696
09-14 11:02 AM
Why this fight for EB2 vs EB3..
ideally GC should be given based on one's arrival in US or based on first filing of GC..irrespective of which category u r
keeping that in mind, it doesn't matter, if u r EB2 or EB3 or if u r porting the date..because in either way..one will get GC (luck is still a factor) based on number of years in US or years since GC process started.
given a chance and if permissible under the law, most of us would want to switch to EB1..or even change the birthplace..to avoid this mess..but then it is too difficult to switch to EB1 compared to switching from EB3 to EB2. one would always take the least resistive path and it is right as long as it is not illegal under the current law..(oh..no..don't talk about morality..because when personal interests are at stake..nothing matters..for most of us)
anyway..they have successfully created enough divisions among ourselves EB1,2,3...row...the bright side of eb3 to eb3 porting is..that everyone will become eb2 and then we will stand united..hopefully..but then we will have divisions..eb2 before this year..eb2 originally filed..eb2 with masters from us..eb2 with 5 yrs of experience..eb2 with two masters...eb2 with fair screen..eb2 with black skin..
we have been always like that..divided and self centric and we will remain so and that's why u can see those blood sucking idiots can kill as at their will because we are not indians..but..from up, bihar, gujarat..from castes..region.language..list is endless but then we have never learnt anything from history..that's why ruled by minorities for most of the years in last 2000yrs history..
ideally GC should be given based on one's arrival in US or based on first filing of GC..irrespective of which category u r
keeping that in mind, it doesn't matter, if u r EB2 or EB3 or if u r porting the date..because in either way..one will get GC (luck is still a factor) based on number of years in US or years since GC process started.
given a chance and if permissible under the law, most of us would want to switch to EB1..or even change the birthplace..to avoid this mess..but then it is too difficult to switch to EB1 compared to switching from EB3 to EB2. one would always take the least resistive path and it is right as long as it is not illegal under the current law..(oh..no..don't talk about morality..because when personal interests are at stake..nothing matters..for most of us)
anyway..they have successfully created enough divisions among ourselves EB1,2,3...row...the bright side of eb3 to eb3 porting is..that everyone will become eb2 and then we will stand united..hopefully..but then we will have divisions..eb2 before this year..eb2 originally filed..eb2 with masters from us..eb2 with 5 yrs of experience..eb2 with two masters...eb2 with fair screen..eb2 with black skin..
we have been always like that..divided and self centric and we will remain so and that's why u can see those blood sucking idiots can kill as at their will because we are not indians..but..from up, bihar, gujarat..from castes..region.language..list is endless but then we have never learnt anything from history..that's why ruled by minorities for most of the years in last 2000yrs history..
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Milind123
09-13 08:55 PM
Milind you rock......thanks for efforts.
No thank you Libra for encouraging people to contribute. My new contribution is in my signature.
Now please welcome bala, our special guest, who will take the last shot of this round.
No thank you Libra for encouraging people to contribute. My new contribution is in my signature.
Now please welcome bala, our special guest, who will take the last shot of this round.
go_guy123
02-24 01:20 PM
Dont assume that people who gone back to India and working a manager are living happily without any issues.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
Very coreect uma...you can forget career growth in India without a MBA degree.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
Very coreect uma...you can forget career growth in India without a MBA degree.
makemygc
07-06 02:00 PM
why not our motherland INDIA
coz we need some place to go for vacation ;)
coz we need some place to go for vacation ;)
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