somegchuh
01-03 04:16 PM
It really depends on who you ask. But my point is if you decide to stay in US in the long run, aren't immigrant divided between their kids and their parents?
I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.
qualified_trash,
In your case I think the decision is very clear cut. Also, it works really well for you, in the sense that you are not "divided". If your parent and siblings have already left the country you have no reason to go back ever.
yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.
also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))
I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.
qualified_trash,
In your case I think the decision is very clear cut. Also, it works really well for you, in the sense that you are not "divided". If your parent and siblings have already left the country you have no reason to go back ever.
yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.
also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))
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doknek
06-10 05:05 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
First one did happen today. So, how much are you going to contribute then?:D
visa recapture - no chance
visa increase - will not happen
still contribute??
First one did happen today. So, how much are you going to contribute then?:D
eastindia
05-14 02:20 PM
I made 5 calls today during my lunch time. It looked like they were getting our message and writing it down.
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Radhika
07-19 10:33 AM
upgraded $20 to $50 monthly
more...
immi_twinges
07-20 03:01 PM
Lest contact USINPAC!!!!!!!
Lest see what they can do...
Lest see what they can do...
waitforevergc
02-18 02:58 PM
All,
I am thinking of writing to the DHS Secretary about this never ending wait for AOS and about retrogression.
Could you all contribute with different points please?
Someone has to take initiative someday.
Thanks,
I am thinking of writing to the DHS Secretary about this never ending wait for AOS and about retrogression.
Could you all contribute with different points please?
Someone has to take initiative someday.
Thanks,
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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kumhyd2
07-13 02:50 PM
Count me in for san diego. Is a meeting already planned should we have one. How about a meeting near the beach/mission
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Libra
09-14 10:15 AM
thank you deardar and claudia255 for the contributions.
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Kodi
06-22 10:41 AM
Nothing so far. I keep checking the status of my application every day but its still "In Process"
more...
vayumahesh
11-08 09:33 AM
Did you get your I-140 receipt? What is the online status?
My company would not provide me with I-140 receipt or approval notice. They would just inform me of the status.
My company would not provide me with I-140 receipt or approval notice. They would just inform me of the status.
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diptam
08-13 02:24 PM
Thanks - I'll write a mail to the HR head to release 7001 on my request and will mention that they don't have to take responsibility. Enough is enough - i got another 2 yr H extension in July 08 so i should be good,anyway.
I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.
I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.
more...
house cassette tape.
akhilmahajan
07-16 11:01 AM
Total So far 1970.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC.
COME ON FOLKS HELP IV HELP YOURSELF.
COME ON FOLKS HELP IV HELP YOURSELF.
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eb3_nepa
07-14 03:34 PM
Sent $21.. 7YB8Z-XTRJT.
Thank you.
Nice. Any particular reason for the 20 + 1? :)
Thank you.
Nice. Any particular reason for the 20 + 1? :)
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saimrathi
07-06 03:26 PM
http://immigrationvoice.org/index.php?option=com_content&task=view&id=57&Itemid=49
can someone tell me who is core? I hear core mentioned all the time here
can someone tell me who is core? I hear core mentioned all the time here
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Blessing&Lifeisbeautiful
07-29 06:29 PM
hi all,
i also have been ff this blog but have not been sharing much bcoz i dont see a lot of sched a bloggers in here.anyway.please read the hammond law group about an amendment that apparently passed the senate to allocate the unused visa from 2001 till 2004 in which 50% will go to sched a workers.one of the bloggers mentioned so.cant verify the authenticity of such but it certainly lifts my dampen spirit.it is the bill that was introduced by senators hutchison and schumer.i am happy to see the support of the IV members towards the mission of this organization.it has been a great source of info for me.MY PD is oct 2006 and have been separated from my wife for over ayear now and our lil girl is growing up without the presence of her mother.it is very heartbreaking,not to mention my life without her.hope all our sufferings will end soon.
Welcome to our thread and thanks for joining.
i also have been ff this blog but have not been sharing much bcoz i dont see a lot of sched a bloggers in here.anyway.please read the hammond law group about an amendment that apparently passed the senate to allocate the unused visa from 2001 till 2004 in which 50% will go to sched a workers.one of the bloggers mentioned so.cant verify the authenticity of such but it certainly lifts my dampen spirit.it is the bill that was introduced by senators hutchison and schumer.i am happy to see the support of the IV members towards the mission of this organization.it has been a great source of info for me.MY PD is oct 2006 and have been separated from my wife for over ayear now and our lil girl is growing up without the presence of her mother.it is very heartbreaking,not to mention my life without her.hope all our sufferings will end soon.
Welcome to our thread and thanks for joining.
more...
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chanduv23
06-10 10:09 AM
Guys,
How about having another session of flowers campaign? Got to practice gandhigiri continuously. Should we select a date for that? I will say 23rd June'08? We need to draw media attention!!!
Phone calls "is the need of the hour" - please call the CHC members urging them to support Congresswoman Lofgren's bills.
Making phone calls is the best form of Gandhigiri at this moment
How about having another session of flowers campaign? Got to practice gandhigiri continuously. Should we select a date for that? I will say 23rd June'08? We need to draw media attention!!!
Phone calls "is the need of the hour" - please call the CHC members urging them to support Congresswoman Lofgren's bills.
Making phone calls is the best form of Gandhigiri at this moment
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abracadabra
07-06 01:29 PM
Lets see how this rumours comes out
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WAIT_FOR_EVER_GC
09-01 03:28 PM
Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
Dude you need to get serious about this. It will take you 21 years if the system does not change. Upgrade to EB2.
Survived 2 recessions
No hope as labour filled in eb3
Dude you need to get serious about this. It will take you 21 years if the system does not change. Upgrade to EB2.
485Mbe4001
08-13 04:22 PM
We have a one month window to push for HR 5882, let us focus on that. if it doesnt work then we have no hope. at this rate EB3 will not even move 6 months per year. In retrospect every minor gain for the EB community has had major implications to EB 3 and the backlog as a whole (just venting a bit, dont want to drag it into a big discussion). I remember last year there were many who were saying 'now that we have EAD and AP we are good', this year many will realize the additional pain of renewals and waiting.
Oh's site mentions the following (per country limit is both family and EB based)
"The numerical limits for FY-2008 are as follows: (a) Worldwide Family-sponsored preference limit: 226,000, (b) Worldwide Employment-based preference limit: 162,704. Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
"
Oh's site mentions the following (per country limit is both family and EB based)
"The numerical limits for FY-2008 are as follows: (a) Worldwide Family-sponsored preference limit: 226,000, (b) Worldwide Employment-based preference limit: 162,704. Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
"
manand24
09-01 11:35 AM
10 Years and 13 days to date.
Came to US on F1 Student Visa in August 2000.
Labor filed April 2006 - EB2 India
Came to US on F1 Student Visa in August 2000.
Labor filed April 2006 - EB2 India
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