aps
10-29 01:05 AM
Please refer the url, one of the iv member has stated his friends denial case.
http://immigrationvoice.org/forum/showthread.php?t=21716&page=21
From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.
In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo�s require that I485�s should not be denied based on that � provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID � again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo�s for whatever the reasons.
Obviously this will have a very bad impact on us � in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.
After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.
I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716
To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.
Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.
http://immigrationvoice.org/forum/showthread.php?t=21716&page=21
From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.
In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo�s require that I485�s should not be denied based on that � provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID � again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo�s for whatever the reasons.
Obviously this will have a very bad impact on us � in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.
After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.
I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716
To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.
Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.
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PD_Dec2002
06-29 04:22 PM
Just got off the phone after speaking to my lawyer. In legalese talk (aka CYA), he said he can't comment on rumors. When I mentioned that this is posted on AILA, he reiterated that he can't comment on news/rumors unless it's posted on his firm's Web site.
And he also said no one in his firm is working this weekend to send in all applications on Sunday evening/Monday morning.
Thanks,
Jayant
And he also said no one in his firm is working this weekend to send in all applications on Sunday evening/Monday morning.
Thanks,
Jayant
siddhu98
11-07 03:28 PM
I will send out the documents tomorrow. Can you forward the docs to my email id
Thanks.
Thanks.
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eb2_mumbai
09-25 10:24 AM
I agree the numbers seem to include dependents. I mean while looking at EB2 numbers you can see average 1000 - 1500 applications per month which translates to roughly 400 - 700 primary applications (labor) filed each month. That looks reasonable.
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deardar
01-25 08:29 AM
Has any one travelled thru Frankfurt and out of it using Advanced Parole ?
I meant expired Visa ?
I meant expired Visa ?
pappu
08-21 12:38 PM
The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
more...
rajagopal_04
01-04 10:21 AM
They handover the PP to VFS today (Jan 4th) after long waiting. My wife�s appointment was on DEC 19th at Chennai Consulate. Best of luck for you guys..
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mihird
06-29 04:41 PM
Do you respect others feelings here...
We are all here for some justice-no arguments-no offense
what r u...
Mind your langauage-Did u face any serious problems from some H4-
before you try to supress some ones feelings change your attitude-
My intentions was not to offend anyone...all I am trying to say is blaming the H4 visa is unfair...H4's intention is to have the dependents be able to join the H1 visa holder....just that, nothing more....it is another story that most people want to do more than just that while on a H4. And for that several other visa options are all open..
Yes, my spouse too was here on a H4 and we had faced some problems...but to be honest, I had educated myself very well on what problems we will face before getting onto a H4..we thus never cribbed about her being on a H4....and I had always insisted to my spouse that if she wanted to do more..she would have to fight for her own F1/H1 visa..
We are all here for some justice-no arguments-no offense
what r u...
Mind your langauage-Did u face any serious problems from some H4-
before you try to supress some ones feelings change your attitude-
My intentions was not to offend anyone...all I am trying to say is blaming the H4 visa is unfair...H4's intention is to have the dependents be able to join the H1 visa holder....just that, nothing more....it is another story that most people want to do more than just that while on a H4. And for that several other visa options are all open..
Yes, my spouse too was here on a H4 and we had faced some problems...but to be honest, I had educated myself very well on what problems we will face before getting onto a H4..we thus never cribbed about her being on a H4....and I had always insisted to my spouse that if she wanted to do more..she would have to fight for her own F1/H1 visa..
more...
gcsomeday
08-22 03:28 PM
http://immigration-information.com/forums/blog.php?b=13
The second paragraph from the link says that the new spill-over policy is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.
"...after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first..."
I wonder what additional legislation he is talking about here. Was there anything new we know about? If consultation means finding the intent of congress I wonder how much of it is BS.
This whole thing does not look objective. Even if it is, in all likelihood we are getting screwed by something that can possibly be changed again under the right circumstances.
The second paragraph from the link says that the new spill-over policy is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.
"...after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first..."
I wonder what additional legislation he is talking about here. Was there anything new we know about? If consultation means finding the intent of congress I wonder how much of it is BS.
This whole thing does not look objective. Even if it is, in all likelihood we are getting screwed by something that can possibly be changed again under the right circumstances.
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krish2006
04-04 04:15 PM
I think you meant to say 2800 not 5800. I'm correcting your statement.
So India regular quota for the last six months : 2800/2 = 1400
Since dates have not moved, I am assuming 1400 should also be considered towards porting.
so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)
Thanks for the pointing this . Corrected the original post to reflect the same.
(I was thinking of china so 2800 became 5800 :) )
So India regular quota for the last six months : 2800/2 = 1400
Since dates have not moved, I am assuming 1400 should also be considered towards porting.
so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)
Thanks for the pointing this . Corrected the original post to reflect the same.
(I was thinking of china so 2800 became 5800 :) )
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prinive
07-09 08:47 PM
Did some one ask how come Mr.Emilio Gonzalez comes to know about this? here he comes. He broke the silent. Ok guys i guess now you got it.
Thanks Mr.Emilio Gonzalez to acknowledge this effort in USCIS website. We really appreciate that.
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
Thanks Mr.Emilio Gonzalez to acknowledge this effort in USCIS website. We really appreciate that.
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
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EB2IndianGC
09-21 04:06 PM
How long does it take for USCIS to give a decision after you respond to a simple RFE.
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sam_hoosier
10-01 11:54 AM
ALLVOI has plans for $14.99/750 mins and $ 19.99/1300 mins to India. I think thats more than enough for normal household's use :)
And ALLVOI works with cellphone too.
And ALLVOI works with cellphone too.
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lotsofspace
01-26 10:37 AM
They can make the list more readable by putting something like this
"All African countries except South Africa"
How about "all non-white people require a visa" :)
"All African countries except South Africa"
How about "all non-white people require a visa" :)
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skalra
01-24 11:41 AM
I personally do not travel through a country that are biased and requires a transit visa for specific countries only. If you think about it, most of the international flights are full of us, Indians. If everybody (including Indians with GCs, that do not require a transit visa) start boycotting such airlines/country transits, then they will have to change this policy.
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hsingh82
06-17 12:38 PM
IMO, stopping and working against fraud can be a bullet point in IV's portfolio. It could help IV while discussing issues with lawmakers.
My 2 cents.
My 2 cents.
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nkavjs
09-25 12:39 PM
Ok my dumb lawyer changed the website on me.. and all the image files of our application made are done.. null. huh.. something else to worry about now.
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eb3retro
10-13 04:00 PM
have not been following this thread so deep. Looks like if someone introduces the other person to vonage service, does both of them get 2 months free? if yes, could someone refer me. pls me me. thanks.
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avi_ny
09-22 03:07 PM
When did you receive the mail?
Sometime around 11AM.
Sometime around 11AM.
pvadiga
11-10 09:01 PM
Recieved a standard reply letter stating, thank you for your inquiry and you can track your inquiry through our tracking system. It is dated Nov 06 2008 A.M 01 and is attached to the letter we sent along with the envelope. I don't know if anybody else has recieved the same reply. We will have to see what we receive from other centers if we receive one. Thanks
gc_wow
09-30 05:59 PM
Since 2004 EB2 is cleared, I am seeing less number of posts being made on IV.Yay I became a senior member, will that mean I will get a green card?
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