rayoflight
08-16 03:00 PM
Hi All:
Appreciate all the groundwork you have done so far with reference to sending out mail.
I am based out of DC Metro area and would like to initiate / participate in meeting the lawmakers about the EB3 Issue and bringing it to their attention.
We need to do something about it NOW.
I am willing to take off from work and meet with whoever concerned would make a difference.
Senior Members we need your inputs.
Thanks,
K
Appreciate all the groundwork you have done so far with reference to sending out mail.
I am based out of DC Metro area and would like to initiate / participate in meeting the lawmakers about the EB3 Issue and bringing it to their attention.
We need to do something about it NOW.
I am willing to take off from work and meet with whoever concerned would make a difference.
Senior Members we need your inputs.
Thanks,
K
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nojoke
09-05 09:11 PM
I remember that in the early nineties it was next to impossible to get a home loan in India. I think the only company which gave out home loans was HDFC and the interest rate was a whopping 16%. Property prices at that time conformed to what people could actually afford as the house had to be either paid in full or you had to take out a loan from your provident fund.
Fast forward to 2000 and beyond. After the Indian rupee became fully convertible and the banking regulations were relaxed every bank or finance company started to make loans. The upshot of that is that everyone could buy a house and car through taking out loans. This of course created this huge demand for new housing from the middle class which translated into a steep increase in land and property prices.
This may not exactly be a total bubble as loans are there to stay. What is happening though is that home construction is going on at a rapid pace and at some point Indian cities and their suburbs may be overbuilt. At that point you would be stuck with your house and not be able to sell as is happening in the US. Of course some markets will correct but I donot think Bombay, Bangalore or Hyderabad will.
I'm a a total layman regarding such issues and I am just trying to reason this through.
There has been a correction already going on in Bombay and Bangalore. Bombay has lost 30%. It is in the news.
Fast forward to 2000 and beyond. After the Indian rupee became fully convertible and the banking regulations were relaxed every bank or finance company started to make loans. The upshot of that is that everyone could buy a house and car through taking out loans. This of course created this huge demand for new housing from the middle class which translated into a steep increase in land and property prices.
This may not exactly be a total bubble as loans are there to stay. What is happening though is that home construction is going on at a rapid pace and at some point Indian cities and their suburbs may be overbuilt. At that point you would be stuck with your house and not be able to sell as is happening in the US. Of course some markets will correct but I donot think Bombay, Bangalore or Hyderabad will.
I'm a a total layman regarding such issues and I am just trying to reason this through.
There has been a correction already going on in Bombay and Bangalore. Bombay has lost 30%. It is in the news.
gccube
07-18 05:11 PM
Consider I-485 Processing as a 2 Door Room. Front Door is for people who's PD has been current for the given month and can apply & Back Door is for Adjudicating People who are already applied & still current for that month.
The size of the room depends on what date they retrogress it to. If Cutoff date is say 2002, there are few people in that room who would be ready for adjudication. Instead if cutoff date is say 2006, there will be a huge number of people in the room.
As long as you stay in that room for more month (be current), the more chance you have of getting adjudicated fast, but also depends on how many people are ahead of you per RD.
Assuming that the date is retrogressed from 'C' to 2000 Jan, they start accepting the AOS apps with that PD and then do we assume that they are also working on them or say they donot work on it until the receipt date becomes current.
If the answer to the question above is 'NO' (that is the receipt date has to become current to adjudicate an AOS app, ofcourse PD has to be current too) then why is that USCIS accepting apps with a specified PD cut off date. In this case I am not looking at the people who are already in the room but am wondering why they are letting more people into the room, particularly when there is no room.
If the answer to the question above it 'YES', that means PD does play a significant role in the AOS adjudication process when there is retrogression, in my opinion.
The size of the room depends on what date they retrogress it to. If Cutoff date is say 2002, there are few people in that room who would be ready for adjudication. Instead if cutoff date is say 2006, there will be a huge number of people in the room.
As long as you stay in that room for more month (be current), the more chance you have of getting adjudicated fast, but also depends on how many people are ahead of you per RD.
Assuming that the date is retrogressed from 'C' to 2000 Jan, they start accepting the AOS apps with that PD and then do we assume that they are also working on them or say they donot work on it until the receipt date becomes current.
If the answer to the question above is 'NO' (that is the receipt date has to become current to adjudicate an AOS app, ofcourse PD has to be current too) then why is that USCIS accepting apps with a specified PD cut off date. In this case I am not looking at the people who are already in the room but am wondering why they are letting more people into the room, particularly when there is no room.
If the answer to the question above it 'YES', that means PD does play a significant role in the AOS adjudication process when there is retrogression, in my opinion.
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eb3retro
03-10 11:47 PM
I received the rfe details today..Here is my list of documents needed by uscis
1) updated properly completed form G-325A
2) employment letter from my new employer to prove that i am working on the same/similar job as my LC (since I did not submit AC21 documents), I need to do it now, since I changed my address and the letter mentions that I am not staying in the same state as of my original LC and now they require AC21 documents.
1) updated properly completed form G-325A
2) employment letter from my new employer to prove that i am working on the same/similar job as my LC (since I did not submit AC21 documents), I need to do it now, since I changed my address and the letter mentions that I am not staying in the same state as of my original LC and now they require AC21 documents.
more...
indio0617
03-09 10:09 AM
both amendments J-1 and removal cap for Nurses (India) will pass
leo2606
09-09 08:38 PM
Contributed $100 today morning.
I am still coming to D.C rally, volunteering to transport our folks travelling to IAD or Regan, bringing 7 additonal folks to D.C rally with me(6 new members I was able to pull since last one month, no financial contribution yet at this point).Still targeting new folks who doesn't know any thing about IV and it's efforts.
I am still coming to D.C rally, volunteering to transport our folks travelling to IAD or Regan, bringing 7 additonal folks to D.C rally with me(6 new members I was able to pull since last one month, no financial contribution yet at this point).Still targeting new folks who doesn't know any thing about IV and it's efforts.
more...
trueguy
02-19 09:43 AM
Any predictions, expert thoughts on EB3-I movement in next 6 months?
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vactorboy29
06-11 05:59 PM
I have been investing in Lottery every week 1$ .Hoping I may hit Jackpot and Donate some money to our community.
My optimism says I may win lottery before I get green card or US congress works in our favor. Till then keep my finger cross..................
My optimism says I may win lottery before I get green card or US congress works in our favor. Till then keep my finger cross..................
more...
ind_game
05-15 09:50 PM
Hi! I have some questions:
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
1. Yes, I have been having an attorney all the way thru the two MTRs
2. Yes, I-140 approval copy was present in my first MTR. My first MTR did not have AC 21 memo. AC21 memo (2003 Yates Memo) was present in my second MTR when we filed it. Of course, I-140 approval copy was there in the second MTR.
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
1. Yes, I have been having an attorney all the way thru the two MTRs
2. Yes, I-140 approval copy was present in my first MTR. My first MTR did not have AC 21 memo. AC21 memo (2003 Yates Memo) was present in my second MTR when we filed it. Of course, I-140 approval copy was there in the second MTR.
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snathan
08-12 04:19 PM
I believe that small companies have a big impact too. As someone mentioned, check to see which companies filed GCs in the last 10 years....Infy, TCS or Small body shops?
The notion of H1/L1B is the business not able to find any qualified or willing resource locally. In that case why they are not able/willing to file GC for those guys. Since they want to keep them as slaves...they never file.
The notion of H1/L1B is the business not able to find any qualified or willing resource locally. In that case why they are not able/willing to file GC for those guys. Since they want to keep them as slaves...they never file.
more...
ashutrip
06-22 11:34 AM
If PD means the date you filed your LC then its May 8th, still not over 90 days.
its the day ur LC was filed!!
its the day ur LC was filed!!
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coopheal
02-23 08:15 PM
Progress of PDs are similar the ones which happened prior to June 2007. May be there is a chance of repeating that now......
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
more...
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glamzon
07-24 05:08 PM
Do anyone with PD in march 2007 got an approval from Atlanta ? the last i heard is feb 0n this forum .. keep updating
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Green.Tech
06-18 11:54 AM
Today's Funding Drive Requirements, We are looking for
Two 500$ heroes (EB1) or
Ten 100$ heroes (EB2) or
Twenty 50$ heroes (EB3) or
Any combination of above* Classification is for fun, no offense
Good one wandmaker!
Got one hero today (thanks pointlesswait)...Where are other heroes?
Two 500$ heroes (EB1) or
Ten 100$ heroes (EB2) or
Twenty 50$ heroes (EB3) or
Any combination of above* Classification is for fun, no offense
Good one wandmaker!
Got one hero today (thanks pointlesswait)...Where are other heroes?
more...
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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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rimco99
07-20 10:03 AM
BTW how did Obama vote?????
Obama is another joker!!!. He abstained.
Obama is another joker!!!. He abstained.
more...
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GCwaitforever
04-30 03:08 PM
Transformation program is randomly processing applications to thier liking and ignoring priority date, FIFO etc ... From this chaos, order generates itself. Kind of testing Chaos theory. :D
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baburob2
03-15 01:00 PM
Sen. Majority Leader Bill Frist, frustrated by the sluggish debate over immigration reform at the committee level, plans to introduce a bill that deals solely with border security as early as today.....
Republican aides say the move by Mr. Frist is not meant to trump similar legislation offered by Senate Judiciary Committee Chairman Arlen Specter, Pennsylvania Republican, but rather as an "insurance policy" to ensure the topic is addressed.
Mr. Frist's bill, according to aides, would simply take Mr. Specter's proposal and strip out the guest worker plan and provisions dealing with illegal aliens already in the U.S.
Mr. Specter's legislation has stalled in committee over his proposal to criminalize illegal aliens already here as well as other issues. His bill would allow employed illegal aliens to remain in the United States indefinitely, although it would require them to return home before applying for permanent citizenship.
http://www.washtimes.com/national/20060315-012816-1400r.htm
Republican aides say the move by Mr. Frist is not meant to trump similar legislation offered by Senate Judiciary Committee Chairman Arlen Specter, Pennsylvania Republican, but rather as an "insurance policy" to ensure the topic is addressed.
Mr. Frist's bill, according to aides, would simply take Mr. Specter's proposal and strip out the guest worker plan and provisions dealing with illegal aliens already in the U.S.
Mr. Specter's legislation has stalled in committee over his proposal to criminalize illegal aliens already here as well as other issues. His bill would allow employed illegal aliens to remain in the United States indefinitely, although it would require them to return home before applying for permanent citizenship.
http://www.washtimes.com/national/20060315-012816-1400r.htm
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sayantan76
01-05 11:21 PM
Ok then, why did you come to America to study at Duke? Why did you spend all this money? The reason our people invest crores of rupees in American education is that it is better.
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
I dont think anyone is arguing that american schools are not good enough.......they certainly are - specially with the kind of tuition fees people pay to get into these schools. Besides - people coming here for education does not necessarily mean its better - lot of people come here for the international exposure - lot of good students from around the world do indeed congregate here for education - combination of good schools, openness, english as common language....all these have contributed to the historical greatness of america - does not make your motherland any worse!
Look at quotas as a way to bring in factors other than just your score in a standardized examination.......in India that factor might be caste - here it might be affirmative action in favor of some sections of society and other subjective factors like essays, letters recommendation, the fact that you were a cheerleader in high school etc.....look, i am not saying quotas is a great system - but all i am saying is that there are shortcomings in selection systems in schools around the world not just India.
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
I dont think anyone is arguing that american schools are not good enough.......they certainly are - specially with the kind of tuition fees people pay to get into these schools. Besides - people coming here for education does not necessarily mean its better - lot of people come here for the international exposure - lot of good students from around the world do indeed congregate here for education - combination of good schools, openness, english as common language....all these have contributed to the historical greatness of america - does not make your motherland any worse!
Look at quotas as a way to bring in factors other than just your score in a standardized examination.......in India that factor might be caste - here it might be affirmative action in favor of some sections of society and other subjective factors like essays, letters recommendation, the fact that you were a cheerleader in high school etc.....look, i am not saying quotas is a great system - but all i am saying is that there are shortcomings in selection systems in schools around the world not just India.
bombaysardar
07-28 10:30 PM
^
ind_game
05-15 10:52 AM
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
snathan,
USCIS is very clever about the fee waiver. One of my friends got the same kind of denial as I got (trust me we compared the notes) on the same day from NSC. When he filed for the MTR, USCIS reopened his case but with an RFE on his case. He had to send some medical reports, birth certificates and some other documents. In that way USCIS is getting away with wrongful denied cases without refunding any fee back. I have donated $2500 to USCIS for my two MTRs (forget about emotional drain which is incomprehensible and unrefundable). I do not think USCIS will ever give me that money back after it finds there is error in my case. it will definitely come up with some kind of RFE. It is very easy for them......
snathan,
USCIS is very clever about the fee waiver. One of my friends got the same kind of denial as I got (trust me we compared the notes) on the same day from NSC. When he filed for the MTR, USCIS reopened his case but with an RFE on his case. He had to send some medical reports, birth certificates and some other documents. In that way USCIS is getting away with wrongful denied cases without refunding any fee back. I have donated $2500 to USCIS for my two MTRs (forget about emotional drain which is incomprehensible and unrefundable). I do not think USCIS will ever give me that money back after it finds there is error in my case. it will definitely come up with some kind of RFE. It is very easy for them......
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