Humhongekamyab
04-30 02:33 PM
Can somebody post the link please?
http://judiciary.house.gov/schedule.aspx
http://judiciary.house.gov/schedule.aspx
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chanduv23
04-26 04:47 PM
My H1 extension is under process. I had applied in Dec 2006. My DL expires on May 6. Is it possible to renew my license with the H1 extension receipt?. Is it possible to do Premium Processing now?
Not sure about NJ, but in NY they want to see your i94 that is attached to your approval notice if you dont have a valid stamp.
You do have time for premium processing but also find out locally if you can go back with an expired DL (expired within a month or so) , in most DMV I think they permit extension of expired DL. I am not sure about it, but You may want to verify.
Not sure about NJ, but in NY they want to see your i94 that is attached to your approval notice if you dont have a valid stamp.
You do have time for premium processing but also find out locally if you can go back with an expired DL (expired within a month or so) , in most DMV I think they permit extension of expired DL. I am not sure about it, but You may want to verify.
kutra
03-17 10:18 PM
One More Time,it is proved that we are unwanted group of people, even though we pay the highest social security tax.
Shame on You IRS !!!
Why don't you listen to others on this forum? No one is out to screw H-1s and/or GC aspirants as far as the rebate is concerned. Read the previous post by gg10004. The law is not differentiating between a H1 and GC aspirant or a US citizen if none of them have a valid SSN. It is just unfortunate that H4s do not get SSNs. So stop getting paranoid.
Moreover, your response that your title "No Stimulus Package to H1's and GC Aspirants - Again We Loose 1200$" is justified because titles are not for stories or whatever makes you look like an utter idiot. Titles are for accurately reflecting the gist of the thread. If you have an issue with adding 5 more words to reflect the reality, then add only one word: "No Stimulus Package to SOME H1's and GC Aspirants - Again We Loose 1200$".
Shame on You IRS !!!
Why don't you listen to others on this forum? No one is out to screw H-1s and/or GC aspirants as far as the rebate is concerned. Read the previous post by gg10004. The law is not differentiating between a H1 and GC aspirant or a US citizen if none of them have a valid SSN. It is just unfortunate that H4s do not get SSNs. So stop getting paranoid.
Moreover, your response that your title "No Stimulus Package to H1's and GC Aspirants - Again We Loose 1200$" is justified because titles are not for stories or whatever makes you look like an utter idiot. Titles are for accurately reflecting the gist of the thread. If you have an issue with adding 5 more words to reflect the reality, then add only one word: "No Stimulus Package to SOME H1's and GC Aspirants - Again We Loose 1200$".
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mayitbesoon
08-07 10:32 AM
It is so true. BEC victims are now I-140 backlog victims. It might help if IV can campaign for I-140 premium processing for BEC backlog victims. Ours is EB2 2003 from PBEC. LC process took 4 years. We are still waiting for I-140 to be approved while they are approving GCs for 2006 filers. It is absolutely unfair game by USCIS.
more...
jediknight
04-30 09:38 AM
Thanks Pappu and the other IV folks. Will be contacting the senators today.
Congress111 for iPhone, iPod touch, and iPad on the iTunes App Store (http://itunes.apple.com/us/app/congress111/id349889282?mt=8)
I am not affiliated to the creator of this app in any way but this is a neat little app that also lets you send messages to senators and congressmen.
Congress111 iPhone Application Screenshots � Mike's Dev Blog (http://mikebluestein.wordpress.com/2010/01/16/congress111-iphone-application-screenshots/)
- JK
Congress111 for iPhone, iPod touch, and iPad on the iTunes App Store (http://itunes.apple.com/us/app/congress111/id349889282?mt=8)
I am not affiliated to the creator of this app in any way but this is a neat little app that also lets you send messages to senators and congressmen.
Congress111 iPhone Application Screenshots � Mike's Dev Blog (http://mikebluestein.wordpress.com/2010/01/16/congress111-iphone-application-screenshots/)
- JK
nixstor
04-30 02:57 PM
Tony Edson, Charlie Oppenheim's boss explaining the process of how the PD's are moved in VB. Says CIS uses 90% of the EB visa numbers. Says their job in last quarter becomes tough because of unpredictability and talks about the 95% utilization rate of visa numbers with in DOS
more...
smuggymba
08-12 03:01 PM
yawnnnnnnnn...... i'm waiting for someone to start attacking & blaming others for this...... something like andra v/s tamil or north v/s south india fight..... when r we going to start that..... i'm ready with a box of popcorn to enjoy that "debate"..... lets add some masala to this.... otherwise its boring.....
didn't u get ur GC by now with a Feb 05 PD? Spare us man.
didn't u get ur GC by now with a Feb 05 PD? Spare us man.
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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
more...
indio0617
03-09 11:03 AM
sen feinstein above amendment passes
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stldude
07-06 12:55 PM
What is the recently posted link in AILA. This is a restricted page. Can one of the Admin's try to get the contents of the link " July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability" from AILA website pls.
more...
HeeKwan
02-23 11:45 PM
Yo estoy totalmente de acuerdo.
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Mayday
05-09 11:41 PM
btw, I found the law:
(a) An applicant who is not a citizen or lawful permanent resident of the United States must present valid documentation issued by the United States Department of Justice, United States Department of State, United States Department of Homeland Security, United States Immigration and Naturalization Service, United States Bureau of Citizenship and Immigration Services, or any successor agency of the aforementioned that shows lawful temporary admission to the United States.
(1) An applicant whose lawful admission period is more than six months but less than the full term of a driver license or identification certificate will be issued a driver license or identification certificate with a status date displayed that coincides with the expiration of the applicant's lawful admission period in the United States.
(2) If the lawful admission period in the United States indicated on the document presented by the applicant expires in less than six months from the date of application, no driver license or identification certificate may be issued.
(3) If the document presented by the applicant to demonstrate lawful temporary admission indicates an indefinite expiration date, the driver license or identification certificate will be issued with a status date displayed of one year from the date of application.
(b) In the event the applicant's status is updated or extended, the applicant must present valid documentation of such status change or extension to obtain a duplicate driver license or identification certificate with an updated status date.
(c) The driver license or identification certificate will be cancelled if within 45 days from the status date the applicant is unable to present valid documentation showing a status change or extension of admission period.
it's full title is:
Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15 DRIVER LICENSE RULES
SUBCHAPTER K SPECIAL PROVISIONS FOR NON-CITIZENS
RULE �15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens
or shorter: 37 TAC �15.171
(a) An applicant who is not a citizen or lawful permanent resident of the United States must present valid documentation issued by the United States Department of Justice, United States Department of State, United States Department of Homeland Security, United States Immigration and Naturalization Service, United States Bureau of Citizenship and Immigration Services, or any successor agency of the aforementioned that shows lawful temporary admission to the United States.
(1) An applicant whose lawful admission period is more than six months but less than the full term of a driver license or identification certificate will be issued a driver license or identification certificate with a status date displayed that coincides with the expiration of the applicant's lawful admission period in the United States.
(2) If the lawful admission period in the United States indicated on the document presented by the applicant expires in less than six months from the date of application, no driver license or identification certificate may be issued.
(3) If the document presented by the applicant to demonstrate lawful temporary admission indicates an indefinite expiration date, the driver license or identification certificate will be issued with a status date displayed of one year from the date of application.
(b) In the event the applicant's status is updated or extended, the applicant must present valid documentation of such status change or extension to obtain a duplicate driver license or identification certificate with an updated status date.
(c) The driver license or identification certificate will be cancelled if within 45 days from the status date the applicant is unable to present valid documentation showing a status change or extension of admission period.
it's full title is:
Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15 DRIVER LICENSE RULES
SUBCHAPTER K SPECIAL PROVISIONS FOR NON-CITIZENS
RULE �15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens
or shorter: 37 TAC �15.171
more...
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theonlyron
07-24 05:48 PM
I am a PT on an H1B visa working for the last 3 years. I have a pending I-140 (PD March 07). My husband and I shall be filing our I-485's soon. My visa screen is valid till Nov 2009. At the rate things are moving dont think my PD will be current for a while. Does that mean I have to renew my visa screen in 2009? Not sure if it had to be present at time of filing I-485 or at time of receiving a visa number.
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jonty_11
07-06 01:05 PM
He is a excellent lawyer it seems , may be i'll hire him ...
What is his name , is he/she a AILA member ?
Wahtever this may be..lets hope this is also not a rumor like the VB July Fiasco turned out not to be a rumor.
What is his name , is he/she a AILA member ?
Wahtever this may be..lets hope this is also not a rumor like the VB July Fiasco turned out not to be a rumor.
more...
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AMKumar
07-20 09:57 AM
Them democrats, they will never help us. Because as per them "we are stealing jobs". We should really start something like the flower campaign to expose all these double talkers. I mean go and see the youtube video by Hillary about how she likes legal immigrants and all that BS. Now contrast that with her "Ney" vote for an amendment which would have helped the legal immigrant community to a great extent. With the momentum that we have currently with media, we should really start exposing these people for who they are, a bunch of hypocrites!.
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coopheal
03-09 10:06 PM
Of all the wrongs in April VB +ve thing is EB3-I moved. It moved to the extent it moved last year (http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data).
So for EB3-Is take console on these
1) Horror of 245(i) (http://immigrationvoice.org/wiki/index.php/245(I)) are over.
2) EB3-I may be over 2001 by start of next year.
So for EB3-Is take console on these
1) Horror of 245(i) (http://immigrationvoice.org/wiki/index.php/245(I)) are over.
2) EB3-I may be over 2001 by start of next year.
more...
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Openarms
03-13 04:43 PM
Can IV admin add new column for case approved/waiting on the header of each members profiles. I wonder why they did not put it.. is there any reason??
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ssk1127
08-23 07:20 PM
I am on the same boat, can anyone please clarify?
Mu thpoughts and assumptions. Might want tot talk to your attoney too
> First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval
> Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs
> As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"
> You might want to check your application once too
thanks
satish
Mu thpoughts and assumptions. Might want tot talk to your attoney too
> First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval
> Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs
> As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"
> You might want to check your application once too
thanks
satish
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somegchuh
01-03 01:40 PM
More than 4 years ago when I started the process I really was looking forward to getting a GC and eventually citizenship. But a lot has changed in the last 4 years. GC process has become much harder (after 4 years I am yet to file for 140 and 485). At the same time the economy back home is booming. So the financial incentive to go thru the long process is really going down by the day.
More than the financial factor, I have gradually started realizing that no matter how many friends I make here its never the same as having a large family network that provides for social stability for each family. Also, I have started observing aging indian couples in US who came in 60's and 70's. They look pretty lonely and sad. I guess the question I am asking myself today is, is finanical success today worth the social loss I will face once I retire?
PS: Does anyone know how to turn a thread into a poll?
More than the financial factor, I have gradually started realizing that no matter how many friends I make here its never the same as having a large family network that provides for social stability for each family. Also, I have started observing aging indian couples in US who came in 60's and 70's. They look pretty lonely and sad. I guess the question I am asking myself today is, is finanical success today worth the social loss I will face once I retire?
PS: Does anyone know how to turn a thread into a poll?
gcseeker2002
08-10 11:05 PM
I just got mail from lawyer with the Receipt nos for myself & Spouse got online. Receipt notices not yet received.
Hang on there everyone will get it sooner or later
I485 Filed: Jul 2nd 7:55 AM (received by R.Williams)
Revd at : NSC
Transferred to TSC: No
ND: Aug 7th
I-140 approved: Jun 2006 @ TSC
EB3 PD - May 2002
As per the tracking no. given by my lawyer, my app also received at 7.55 AM on July 2nd, signed by R.Williams , but my check not cashed yet, no receipts yet, what a mess....
Hang on there everyone will get it sooner or later
I485 Filed: Jul 2nd 7:55 AM (received by R.Williams)
Revd at : NSC
Transferred to TSC: No
ND: Aug 7th
I-140 approved: Jun 2006 @ TSC
EB3 PD - May 2002
As per the tracking no. given by my lawyer, my app also received at 7.55 AM on July 2nd, signed by R.Williams , but my check not cashed yet, no receipts yet, what a mess....
spicy_guy
08-12 12:02 PM
He is slamming consultancy businesses. all together, clearly!
America will pay through the nose for this move.
+2K. Are they crazy?
America will pay through the nose for this move.
+2K. Are they crazy?
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