Thursday, June 9, 2011

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  • ashutrip
    06-20 10:21 AM
    My employer is a big wall street investment bank, and they have filed my PERM on May 14th.

    The trend for PERM certification at Atlanta, as per my employer is between 90-120 days. Because they handled so many PERM cases at Atlanta, they know this trend.

    Nothing muck we can do here. Just pray and hope for the best.


    enough of america....:mad: :mad: :mad: I am moving to UAE.....two hrs journey to goa India....no Income Tax:p :p :)




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  • jonty_11
    07-05 05:11 PM
    Call your state senators, it is effective that way.
    already done that




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  • sheela
    09-28 07:38 PM
    [QUOTE=JunRN;175492]They are working overtime for it, hopefully 24 hours as well.
    Let us hope like on july 2nd week-end (when they worked on sat-sun to make 60,000 visa numbers available and adjucated even when name checks were not cleared for many applicants) these guys are working the same way this weekend ......




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  • qplearn
    12-19 11:00 AM
    Well, one or two of us are dispensible but if unite in our effort, then we definitely become indespensible....did we really make an impact by making those thousands of phone calls for the lame duck?.....the fact is that an average american doesn't give a ***** about whether we get our green cards or not because they don't even know our pains.....and the government has too many other trivial and not so trivial issues to deal with than worry about us......lobbying is a good idea but we are still not getting the attention we should be getting......do you think they can really abolish the h1b program?.......foreign workers have become the veins and arteries of these companies and unless until you stop the blood supply, no body is going to even notice.......the dependency on foreign workers is more today that it was a decade ago just because of the sheer volume.
    no the h-1b program will never be abolished. foreign workers are needed in univs for one. and don't forget that the chinese came here to build the rail-way(road) and the indians and chinese (and ppl from many other nationalities) to fix the y2k bug. but regarding making phone calls, i think your assesment is wrong. that made the biggest impact of all. and guess what it costs? almost nothing other than some time and cell phone minutes. let's call Senator Cornyn (see another thread started by jansilal).



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  • GCBy3000
    07-06 12:15 PM
    Look at the mistake again

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html

    Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.

    IS THIS A MISTAKE OR REAL




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  • black_logs
    01-11 11:39 AM
    1 point we should make to the lawmakers is to make an administraive change to give 3 years extensions and abolish 1 year extensions. As 1 year extensions are not suffecient a very solid case can be presented for that case.
    1) Driver license, lit of state doesn't give DLs if you have less than 1 year left on Visa
    2) H1B Extension is taking 4-6 months
    3) No Visa stamping in U.S.
    The problem are just too many we need a proper channel to raise our voice to them



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  • tomatocup
    07-20 12:47 PM
    Core members may give us instructions on how to work out this important matter. Count me in if local assistance needed. Anybody else in DC area and willing to do something to help?




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  • ItIsNotFunny
    10-21 11:06 AM
    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

    Guys,

    This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).

    We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.

    I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.

    One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!

    I sent my emails (actually twice ;)).



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  • skc526
    07-18 04:57 PM
    Contributed $100 for now through Google checkout. Will be giving more eventually. :)




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  • skv
    06-17 10:42 AM
    Thank you for your e-mail to the National Processing Center concerning
    your case filed under the PERM program.

    Our office can only respond to inquiries from the employer's contact
    person or attorney/agent listed on the submitted 9089 form.

    Atlanta Help Desk (17)


    Above is the message, I got it from them. I can't contact my attorney, because that's our company policy. While the HR told me that they will inform me when my PERM gets approved.

    Hope after 5 long years , my GC ambition will be completed this time. All the best for rest of the folks!!!



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  • abhijitrajan
    06-20 12:07 PM
    Finally I got my lawyer to start an inquiry at the Atlanta PERM center. My case is pending since Feb 07.




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  • dhesha
    02-18 05:58 PM
    Can any body guess when I might get a Green Card? Ofcourse nobody knows but what do you think?

    U will get ur GC at 06/06/2010 10:23:22:11:10:09 PM PST



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  • Humhongekamyab
    06-11 01:17 PM
    I have a dumb question: when the above post refers to 25,000 EB2 and EB3 applications does it refer to 25,000 primary applicants or total (applicant and dependent) applications. Does anyone know? -- Thanks.

    I think it means total.




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  • Keeme
    03-06 04:52 PM
    Congrats everyone getting soft LUDs

    Don't waste your energy ! You have long way to go !



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  • Totoro
    05-02 09:33 AM
    Hello,

    Just wanted to let you know that I received my refund yesterday. My wife and I filed a joint return. We both have SSN's. Just relax folks if you filed your taxes you will receive the refund. I had hoped the money could have been put to better use but oh well the politicians know better.

    PD Oct 2002 ROW
    485 files in June 2007
    Still waiting for that darn GC

    If you both have SSNs, you WILL get the payment. However, if one person has an ITIN, nobody will get it.




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  • godspeed
    12-11 04:25 PM
    Folks,

    IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.

    Help IV to help you



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  • gk_2000
    08-23 10:31 AM
    They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO

    Envy, jealousy, and crab mentality will be our nemesis. If you think it's easy to get into eb1 then why waste your time? At least this category gives some incentive to progress in life. Why rock this boat?




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  • Edison99
    09-01 08:54 PM
    Since Jan 2000

    Let us see who is waiting for most time in USA.

    5 years and counting.

    If you can tell your history of Green card and any tip on applying early would appreciate.




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  • admin
    03-09 09:40 AM
    Here is the link to the full markup. SJC is going in the order of the titles. Our sections are predominantly from Title 5 but some are in 4 too.

    http://immigrationvoice.org/forum/attachment.php?attachmentid=23&d=1140888843




    pappu
    08-09 10:30 AM
    I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. T
    JH

    Thanks. I sent you a PM regarding this.




    svr_76
    08-18 11:03 AM
    If they start processing/approve I-140, they will immi get bombarded with I485/EAD/AP applications. So they are trying to artifically stem down the workload they might get. Also this gives them a chance to clearup the 485 queue ... :-)



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