Macaca
09-14 06:38 PM
Immigration vote sinks H-1B visa deal (http://immigrationvoice.org/forum/showpost.php?p=94517&postcount=567) Collapse of Senate bill derails tech's bid for more foreigners ByTom Abate (tabate@sfchronicle.com) | Chronicle Staff Writer, June 30, 2007
VISA PLAN ANGERS SILICON VALLEY (http://immigrationvoice.org/forum/showpost.php?p=78888&postcount=136) Immigration bill would limit employers' choice of workers By Carolyn Lochhead (clochhead@sfchronicle.com) | Chronicle Washington Bureau, June 7, 2007
VISA PLAN ANGERS SILICON VALLEY (http://immigrationvoice.org/forum/showpost.php?p=78888&postcount=136) Immigration bill would limit employers' choice of workers By Carolyn Lochhead (clochhead@sfchronicle.com) | Chronicle Washington Bureau, June 7, 2007
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cirigadi
09-10 05:37 PM
I just contributed another $100 from Google checkout.
Best of luck..
Best of luck..
xtetic
09-10 01:19 PM
Through paypal
Contributions
Item #Contributions 1 $100.00 USD
I urge everyone to show their support in every little way possible. Kudos to all the members that are helping in organizing this rally, and to everyone who are going to attend it!
-Paul
Contributions
Item #Contributions 1 $100.00 USD
I urge everyone to show their support in every little way possible. Kudos to all the members that are helping in organizing this rally, and to everyone who are going to attend it!
-Paul
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ind_game
05-13 11:37 PM
Did you ever apply for EAD / AP?
I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009
I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009
more...
Macaca
09-12 04:45 PM
Illegal immigration (of course) is really hot in the VA area. They have had rally's and other events that were reported on front page of Washington Post.
I am locating those reporters. It would help if we read those articles and write something based on the content. Something like: since you reported their rally, please report ours.
I am locating those reporters. It would help if we read those articles and write something based on the content. Something like: since you reported their rally, please report ours.
Suva
07-15 10:58 AM
Scheduled $5 every month...
more...
ChalapathiChitturi
12-27 03:27 AM
My case is not yet approved, I Filed on Aug 01 st, Vermont Service Center.
Can you really go for H1 stamping when you are coming back on AP.
As far as I know, you should not use H1 at port of entry while coming back, if you do that your green card will be aboundend. Gurus please currect.
If you are not coming back on H1, then why are you going for stamping?
Can you really go for H1 stamping when you are coming back on AP.
As far as I know, you should not use H1 at port of entry while coming back, if you do that your green card will be aboundend. Gurus please currect.
If you are not coming back on H1, then why are you going for stamping?
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ss1026
05-31 02:10 PM
Did get solved by Andrew Wiles in in the mid-nineties. To read about the history and drama behind this theorem, I suggest reading 'Fermat's Enigma' by Simon Singh. So I guess if that can be solved, PBEC could find a way out for all of us.
more...
krithi
02-18 06:01 PM
haha nice
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ind_game
05-15 10:09 AM
There was a campaign on wrongful denial in AC21 , there was also letter campaign not sure what happened after that ? It was IV action item too... What was the conclusion ? should we all suffer even if it is a training issue, if they act such nice on letters , then why they act as if there is no form and if AC21 is for real aliens from a real alien world.
Trust me your frustration is understandable......
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
Trust me your frustration is understandable......
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
more...
eb3_nepa
06-01 11:28 AM
pretty soon they will start requiring photos from worksite to prove that employee exists and that the company exists and is present in the US. LOL :D (I think this was a requirement for H1B...may still be a requirement):rolleyes:
Just to let u know, during my H1 processing, my H1 was thrown back to my lawyer asking them to send photographs of my workplace and co-workers, server room, my desk. I had to use an entire disposable camera for the same. To make things even funnier, i was not even the First one to be on H1 in my company. We had atleast 7-8 H1's at one point in time. The reason given for a throw back was, that this company seems quite new and small.
I know this is off topic, but since someone has raised this point albeit in jest, i thought i should let people on here know that UCSIS has it's own whims and fancies at times. So if something similar has happened to you in the past know that you may not be alone. :)
Just to let u know, during my H1 processing, my H1 was thrown back to my lawyer asking them to send photographs of my workplace and co-workers, server room, my desk. I had to use an entire disposable camera for the same. To make things even funnier, i was not even the First one to be on H1 in my company. We had atleast 7-8 H1's at one point in time. The reason given for a throw back was, that this company seems quite new and small.
I know this is off topic, but since someone has raised this point albeit in jest, i thought i should let people on here know that UCSIS has it's own whims and fancies at times. So if something similar has happened to you in the past know that you may not be alone. :)
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indio0617
03-09 10:39 AM
Sure...
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cbadari99
06-24 11:44 PM
http://www.nytimes.com/2008/06/25/us/25engineer.html?pagewanted=2&_r=1&hp
"The dean of the College of Engineering at Georgia Tech, Don P. Giddens, noted an additional factor limiting the recruitment of highly trained engineers into military jobs: more than half the engineering doctoral candidates at American universities are from abroad and so are ineligible for most jobs requiring security clearances."
"The dean of the College of Engineering at Georgia Tech, Don P. Giddens, noted an additional factor limiting the recruitment of highly trained engineers into military jobs: more than half the engineering doctoral candidates at American universities are from abroad and so are ineligible for most jobs requiring security clearances."
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amitpan007
08-26 11:57 AM
I have a loan with LIC. The rates are pretty good and no-prepayment penalty if paid using NRI funds only. Took some time to set all this up. Definitely need a local person to carry out all the paperwork and good support from the builder. Their email system is not very efficient. Tried with HDFC before this in Hyd and had lots of problems getting the loan even after contacting the CEO.
more...
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jayleno
10-17 04:22 PM
Its sad that only so many people have decided to send the letters. Come on people....Please send the letters/e-mails. Also dont forget to vote on the poll and have a beer this weekend.
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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
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
more...
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supers789
12-11 03:41 PM
I need something which removes employer dependency with approved i140 until u file 485.
I hate working at the same employer just becasue my PD is not current. And by the time my PD becomes current, may be employer is not doing good, I am not happy at the job.... and I have to start from PERM again at new employer. Also if employer revokes i140, I loose the PD as well!!
I hate working at the same employer just becasue my PD is not current. And by the time my PD becomes current, may be employer is not doing good, I am not happy at the job.... and I have to start from PERM again at new employer. Also if employer revokes i140, I loose the PD as well!!
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bajrangbali
06-11 10:41 AM
Guys, I have thrown out my ideas and you can take what suits you from it. As someone mentioned nothing is illegal in it. If you find something, please explain what and why.
My conservative estimate was 100K people pulling 50K$ out..that would be 5 billions...if more comes out even better
Fight for legislation?? Does anyone has any hopes on it still? You would get piecemeal concessions here and there..but the Indian EB immigration community as a whole gets nothing good out of it...2 year EAD, 5 yr EAD..just to wipe the tears...come on guys think out of the box.
You argue it is not discrimination but it is law. I say the law is discriminatory and nobody wants to change it (remember the horses discussion instead of EB immigration discussion in senate), do you need any better example than this?
Anyways, I leave it to your own judgement..and I am going ahead with my plans...I am not planning to leave the country anytime soon so I am not yet into the drastic measures I mentioned, but I sure have started the funds transfer to Indian banks, pulling out of mortgage application and moving out of US equities markets. Also, I am reducing the amount of money I pump into US economy which is currently 5K per month to ~3-3.5K per month. If it makes any difference I am making ~400K a yr from my job and other investments...
My conservative estimate was 100K people pulling 50K$ out..that would be 5 billions...if more comes out even better
Fight for legislation?? Does anyone has any hopes on it still? You would get piecemeal concessions here and there..but the Indian EB immigration community as a whole gets nothing good out of it...2 year EAD, 5 yr EAD..just to wipe the tears...come on guys think out of the box.
You argue it is not discrimination but it is law. I say the law is discriminatory and nobody wants to change it (remember the horses discussion instead of EB immigration discussion in senate), do you need any better example than this?
Anyways, I leave it to your own judgement..and I am going ahead with my plans...I am not planning to leave the country anytime soon so I am not yet into the drastic measures I mentioned, but I sure have started the funds transfer to Indian banks, pulling out of mortgage application and moving out of US equities markets. Also, I am reducing the amount of money I pump into US economy which is currently 5K per month to ~3-3.5K per month. If it makes any difference I am making ~400K a yr from my job and other investments...
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Chiwere
07-14 03:08 PM
Just sent $5.00 using Bill pay.
Will add more once this goes through.
Will add more once this goes through.
ANGEL
07-29 08:26 PM
Hello,
I am just showing you my ignorance but what is it about.My wife works in DC right now and very active in fighting for our cause,she is a nurse.She has few correspondence with few senators and congressman but it will be great if there is a bigger force behind it all.please let me know how we can help.I too am tired of waiting in a limbo,the uncertainty is too much and by the day I get so discouraged and sometimes on the verge of giving up.
I am just showing you my ignorance but what is it about.My wife works in DC right now and very active in fighting for our cause,she is a nurse.She has few correspondence with few senators and congressman but it will be great if there is a bigger force behind it all.please let me know how we can help.I too am tired of waiting in a limbo,the uncertainty is too much and by the day I get so discouraged and sometimes on the verge of giving up.
delhirocks
07-28 06:55 PM
Are you sure it was Atlanta and not Chicago?. Your timeline suggests it was applied in Chicago.
My company applied for PERM ALC EB-2 category at Atlanta on 18th June 2007, got it approved on 20th June. Received hard copy on 26th June.
My company applied for PERM ALC EB-2 category at Atlanta on 18th June 2007, got it approved on 20th June. Received hard copy on 26th June.
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