vaishnavilakshmi
08-07 12:27 PM
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
Hi,
If this is true ,we are happy.Atleast ,they are going to enter our applications in the system(atleast they are not lost).But,waiting till weekend is quite narrow.What if the application gets rejected and we have no time to refile??Anyways,was the 2nd july filers date a prediction or did u get the info from a reliable source?
Vaishu
Hi,
If this is true ,we are happy.Atleast ,they are going to enter our applications in the system(atleast they are not lost).But,waiting till weekend is quite narrow.What if the application gets rejected and we have no time to refile??Anyways,was the 2nd july filers date a prediction or did u get the info from a reliable source?
Vaishu
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claudia255
09-14 08:30 AM
Thank you IV for all your work.
Here is a small contribution of $100 for the rally.
Google Order #953612264434952
Thank you guys!
Here is a small contribution of $100 for the rally.
Google Order #953612264434952
Thank you guys!
gccovet
04-30 03:06 PM
SO IF they move PD's to 2006 dec then there is aposibility that all 2006 pd 's get GC's before 2001 pd's.:mad:
No, I think it then based on PD.
GCCovet
No, I think it then based on PD.
GCCovet
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485Mbe4001
06-11 01:48 PM
i wanted to aviod posting this, but please include a bit of realism in your optimism. Full disclosure: i am EB 3-I
We had a discussion on our chapter here is the extract of the email that i sent based on a couple of similar comments from fellow members.
After talking to a few of the fellow members, i feel that one the main causes for inaction is that folks who have applied under EB 2 India feel that the spillover from ROW EB 2/1 and India EB1 will be sufficient to get them their GC's in 2 years tops. EAD/AP for two years is no big deal. There is no urgency to get things done or the motivation to step up to the plate and make a few calls. If that is the case, then chances are that you are mistaken.
a) we have no estimate of the per country breakdown of pending applications.
b) we have no idea how many EB2 India applied in July 07
c) we dont know the number of multiple applicants who have EB2 and EB3 applications pending (spouse and self).
d) We have no indication of the 300k applications who were stuck in namecheck and are now eligible for approval. Namecheck victims were from all countries (you can see that ROW EB 3 is U)
This affects ROW as well as the retrogressed countries as the per country quota is still fixed.
We cannot wish this mess away. Making a few phone calls at lunch should not be a big deal.
I am Not sure everybody follows Federal Reserve revising short-term rates by every month and Financal analyst were trying to understand language(tone) of Bulletin. And Looking at tone of VISA Bulletin for July 2008 and historical Bulletins EB2 for India is very encouraging till we see the language next month for India.
VISA BULLETIN FOR July 2008
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act .....
VISA BULLETIN FOR JULY 2007
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
We had a discussion on our chapter here is the extract of the email that i sent based on a couple of similar comments from fellow members.
After talking to a few of the fellow members, i feel that one the main causes for inaction is that folks who have applied under EB 2 India feel that the spillover from ROW EB 2/1 and India EB1 will be sufficient to get them their GC's in 2 years tops. EAD/AP for two years is no big deal. There is no urgency to get things done or the motivation to step up to the plate and make a few calls. If that is the case, then chances are that you are mistaken.
a) we have no estimate of the per country breakdown of pending applications.
b) we have no idea how many EB2 India applied in July 07
c) we dont know the number of multiple applicants who have EB2 and EB3 applications pending (spouse and self).
d) We have no indication of the 300k applications who were stuck in namecheck and are now eligible for approval. Namecheck victims were from all countries (you can see that ROW EB 3 is U)
This affects ROW as well as the retrogressed countries as the per country quota is still fixed.
We cannot wish this mess away. Making a few phone calls at lunch should not be a big deal.
I am Not sure everybody follows Federal Reserve revising short-term rates by every month and Financal analyst were trying to understand language(tone) of Bulletin. And Looking at tone of VISA Bulletin for July 2008 and historical Bulletins EB2 for India is very encouraging till we see the language next month for India.
VISA BULLETIN FOR July 2008
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act .....
VISA BULLETIN FOR JULY 2007
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
more...
harsh
03-16 02:03 PM
Would it help to call senator Specter's office to find out what he feels about the chances of his bill? Will it get a chance to go through all the amendements by the committe or Senate Leader will table his own bill on 27th?
vram
08-26 12:23 PM
I know this is not the Forum to discuss this matter.
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
more...
rameshavula
01-12 03:59 PM
EB3 RIR, Pennsylvania
Sep, 2004
Sep, 2004
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rainy
09-09 03:44 PM
Contributed USD 200. Google Order #356296463228380.
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Green.Tech
06-19 12:14 AM
Wake up folks. Oh well, wake up tomorrow morning, I mean :)
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singam
09-10 05:17 PM
$100, Google Order #360858396298535
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pointlesswait
03-03 06:08 PM
can you be more specific on what ur "very influential" attorney said? ;)
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn’t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
MDix
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn’t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
MDix
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andy007
07-17 11:59 PM
Once they accept I-485 in the system then they give us a Receipt#, with that Receipt we can file for EAD / AP (as long as your PD becomes available) then they will process your I-485, Just thinking.. what do you say guys ... Please lete me know.. Receipt Date Vs Visa Number ...
Thanks
Thanks
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sriharirag
07-13 05:57 PM
Did my part in contacting senator and congressman...did get positive feedback...don't know what they will do.
Thanks
Sri
Thanks
Sri
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dipmay2002
09-07 01:37 PM
Today I completed 10 years in USA and still waiting for GC, PD Dec. 2004 EB3...:confused:
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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
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eb3_nepa
07-14 01:27 PM
I know some of you must think:
"What the heck difference is FIVE dollars going to make?????"
Well $5 x 30,000 = $150,000 I hope people understand that, $150,000 is NOTHING to sneeze at. So people, you dont even need to dig too deep. Just FIVE DOLLARS.
Less than the cost of a SUBWAY Sandwich LUNCH.
"What the heck difference is FIVE dollars going to make?????"
Well $5 x 30,000 = $150,000 I hope people understand that, $150,000 is NOTHING to sneeze at. So people, you dont even need to dig too deep. Just FIVE DOLLARS.
Less than the cost of a SUBWAY Sandwich LUNCH.
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santb1975
05-23 12:54 AM
If you have made a contribution and posted on this thread or on the thread we had before your name should be on the list. We do not have an automatic way of updating this list once someone had made a contribution through paypal at this time. Every night I go through this thread, update numbers and names. I could have made a manual error and missed some names but once people have brought that to my attention I have been double checking and responding back to them. I know I am behind on verifying one or two contributions but I will catch up. I work long hours,take classes and I live 80 miles away from where I work. I wish I had more than 24 hours in my day. If you could help us with maintaining an accurate list that would be awesome.
Hope I answered your query :)
wondering how yu came up with a list of contributors.......if i provide my transfer confirmations to IV and still cannot find my name in the list then how will I trust the veracity of yur list.....
....not for an argument but a query
Hope I answered your query :)
wondering how yu came up with a list of contributors.......if i provide my transfer confirmations to IV and still cannot find my name in the list then how will I trust the veracity of yur list.....
....not for an argument but a query
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beppenyc
03-02 04:38 PM
ok, one day is gone, now what`s will happen??
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vandanaverdia
09-12 09:49 PM
Looks like you will soon cross My 350 Contribution ;)
I pledge 100$ more once Milind123 crosses 400 !!:D
Any Takers !!!
thats the Least we non attending :( :(
folks can do
Great... we need your support!!!!
I pledge 100$ more once Milind123 crosses 400 !!:D
Any Takers !!!
thats the Least we non attending :( :(
folks can do
Great... we need your support!!!!
eb3_nepa
09-09 11:05 PM
Just made an online contribution through my banks bill pay for $150.00. My handle should be part of the memo.
On a more important note:
WHY is the "Contact us" link SO hard to find?? I was required to put in the IV phone number and it took me more than 10 mins to find it. I highly suggest that the administrators put the contact link on the homepage itself.
On a more important note:
WHY is the "Contact us" link SO hard to find?? I was required to put in the IV phone number and it took me more than 10 mins to find it. I highly suggest that the administrators put the contact link on the homepage itself.
tnite
07-19 10:27 AM
I was kind of oblivious and busy in my work since I applied labor �and was thinking everything will fall in place gradually..
I registered to this site today and just read this forum.. ..and �..simply freaking out �
My attorney applied my Labor in Nov 2006 (according to him) in Atlanta and I still don�t have any response �no audit �.nothing �.it is just in process�can u believe it?
� can I do something from my end �
I hope 140 and 485 is still not in retrogression state �. Do u guys know how long it will continue to be in this state�
You can ask your lawyer to send an email. I have read some cases in IV where after 90 days if the lawyer/employer sends ane email they respond with the status . why dont you try that?
I registered to this site today and just read this forum.. ..and �..simply freaking out �
My attorney applied my Labor in Nov 2006 (according to him) in Atlanta and I still don�t have any response �no audit �.nothing �.it is just in process�can u believe it?
� can I do something from my end �
I hope 140 and 485 is still not in retrogression state �. Do u guys know how long it will continue to be in this state�
You can ask your lawyer to send an email. I have read some cases in IV where after 90 days if the lawyer/employer sends ane email they respond with the status . why dont you try that?
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