aps
10-29 01:00 AM
One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"
In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps
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 In most of these cases, the underlying I-140 has been revoked by previous employer.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.
In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps
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.
wallpaper Type: New Blogger Template
waiting for GC
09-24 05:49 PM
Got the CPO mails for myself and spouse.
11 years wait is over finally. I wish all the best for the remaining folks !!
11 years wait is over finally. I wish all the best for the remaining folks !!
srinitls
09-20 01:36 PM
No checks withdrawn. Filed on July 2nd.
Is there anything we could do?
Ship (P/U) date: Jun 30, 2007
Delivery date: Jul 2, 2007 10:25 AM
Sign for by: J.BARRRET
Delivered to: Shipping/Receiving
Service type: FedEx Priority Overnight
Is there anything we could do?
Ship (P/U) date: Jun 30, 2007
Delivery date: Jul 2, 2007 10:25 AM
Sign for by: J.BARRRET
Delivered to: Shipping/Receiving
Service type: FedEx Priority Overnight
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drona
07-10 10:31 PM
From the Washington Post article, this was an interesting comment:
"We know the reason behind it and understand the symbolism. We donated them in the same spirit in which they were provided to us," said an agency official who spoke on condition of anonymity because of a lawsuit over the matter filed by an advocacy group.
"We know the reason behind it and understand the symbolism. We donated them in the same spirit in which they were provided to us," said an agency official who spoke on condition of anonymity because of a lawsuit over the matter filed by an advocacy group.
more...
Green.Tech
09-16 10:18 AM
NumbersUSA is calling in full strength to thwart the bill. We need to come out in full strength to make some noise. Please keep calling. We don't want to be checking visa bulletins or tracking receipts 1, 2, 3 years from now.
Please burn those phone lines today! Every call counts!
Please burn those phone lines today! Every call counts!
pbuckeye
04-01 03:41 PM
Ron posted similar message:
Process after NVC receives the checklist (http://www.immigration-information.com/forums/family-based-immigration-10/process-after-nvc-receives-the-checklist-13802/)
Re: Process after NVC receives the checklist
They generally request payment for cases that are within a certain interval of being current. For example, yesterday, we received a fee bill for an India EB2 case with a September, 2007 priority date that has been pending at the NVC for several years.
Wait a minute, how was this India EB2 case even allowed to file I-485 when that PD has never been current? The lawyer alleges that it has been pending for several years.
Does this "fee bill" have nothing to do with 485 filing? Is it just plain wrong or am I missing something obvious here?
Perhaps he meant September 2006.
Process after NVC receives the checklist (http://www.immigration-information.com/forums/family-based-immigration-10/process-after-nvc-receives-the-checklist-13802/)
Re: Process after NVC receives the checklist
They generally request payment for cases that are within a certain interval of being current. For example, yesterday, we received a fee bill for an India EB2 case with a September, 2007 priority date that has been pending at the NVC for several years.
Wait a minute, how was this India EB2 case even allowed to file I-485 when that PD has never been current? The lawyer alleges that it has been pending for several years.
Does this "fee bill" have nothing to do with 485 filing? Is it just plain wrong or am I missing something obvious here?
Perhaps he meant September 2006.
more...
english_august
07-11 01:27 AM
http://en.wikinews.org/wiki/Skilled%2C_legal_immigrants_send_Protest_Blooms
2010 Social Media and Google
greencardvow
07-31 07:10 PM
I doubt that. Medical was relaxed since it can take time for people to get the medicals done. Also immigration doctors were all busy at this time. So it is possible that people arent able to get the meds done by the Aug 17 deadline. The other documents like EVL shouldnt take this long. If the employer is willing to provide future employment to someone then it should be sent along with the application. Whether USCIS will relax for lack of Initial Evidence other than Medical is hard to say. It is always better to be safe than sorry.
But I agree, these two things are different. Only medicals have been relaxed by USCIS via its press release. Since a lot of the lawyers have sent without some initial evidence, AILA should use its proven;-) negotiation skills to get USCIS to issue a new press release which ascertains that only singatures and filing fees are required at this time.
But I agree, these two things are different. Only medicals have been relaxed by USCIS via its press release. Since a lot of the lawyers have sent without some initial evidence, AILA should use its proven;-) negotiation skills to get USCIS to issue a new press release which ascertains that only singatures and filing fees are required at this time.
more...
ashres11
09-28 08:13 AM
J.Barrret/July2/10:28AM / NSC
Single check for spouse and myself.
Finally got cashed. Cashed from texas.
Single check for spouse and myself.
Finally got cashed. Cashed from texas.
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singhsa3
08-20 11:15 PM
Good Luck!
By the way read INA about this and let us all know if there are specific provisions regarding this " EB1 -> older of (EB2-I, EB2-C, EB3-I, EB3-C)"
but then the devil is in the details ain't it? The "Except this piece" is what is overwhelmingly providing EB2 the numbers, and that is what will jump start EB3 movement forward.
I think people don't realize that Eb3-ROW is less compared to EB2-I/C and will therefore provide EB3-I numbers sooner than if we wait for EB2-I to get current.
And sorry, I don't support nepotism, everyone should be eligible on their own.
By the way read INA about this and let us all know if there are specific provisions regarding this " EB1 -> older of (EB2-I, EB2-C, EB3-I, EB3-C)"
but then the devil is in the details ain't it? The "Except this piece" is what is overwhelmingly providing EB2 the numbers, and that is what will jump start EB3 movement forward.
I think people don't realize that Eb3-ROW is less compared to EB2-I/C and will therefore provide EB3-I numbers sooner than if we wait for EB2-I to get current.
And sorry, I don't support nepotism, everyone should be eligible on their own.
more...
drona
07-11 01:38 PM
New post on Bender's Immigration Bulletin
Channeling Gandhi
http://www.bibdaily.com/
Channeling Gandhi
http://www.bibdaily.com/
hot Google Blog Background
desitechie
08-24 06:31 PM
Hi All!
My name is Michael and I work for Vonage � I see that you�ve heard about Vonage World and that several of you have some questions. sdrblr, yes, with this plan you really can call everywhere in the whole country of India, including both home phones and cell phones. Sure it might seem a little crazy, but it�s true! We�re glad to hear that some of you are pretty excited about the plan � we think it Sounds Good too! sammyb, thanks for the compliments on our service, we love to hear from happy customers! Here is a link to the Vonage World information page (http://bit.ly/3cK4c) on our website � go there for more details, and info on how to sign up. Also, be sure and check out our Facebook page here, and our Twitter page here. We�re happy to answer any other questions, so please feel free to post a question here, or via Facebook (http://bit.ly/vih8u) or Twitter (bit.ly/FoV8n).
Welcome to Vonage World!
Best,
Michael
This is the only reason am not taking vonage.
When we want to discontinue service, its very difficult to get a CSR to perform this activity. It may take an hour or 2 after looong waiting periods. I heard even wrong charges in the final closing statement.
Please answer this and lot of people will join based on your response.
Thanks
My name is Michael and I work for Vonage � I see that you�ve heard about Vonage World and that several of you have some questions. sdrblr, yes, with this plan you really can call everywhere in the whole country of India, including both home phones and cell phones. Sure it might seem a little crazy, but it�s true! We�re glad to hear that some of you are pretty excited about the plan � we think it Sounds Good too! sammyb, thanks for the compliments on our service, we love to hear from happy customers! Here is a link to the Vonage World information page (http://bit.ly/3cK4c) on our website � go there for more details, and info on how to sign up. Also, be sure and check out our Facebook page here, and our Twitter page here. We�re happy to answer any other questions, so please feel free to post a question here, or via Facebook (http://bit.ly/vih8u) or Twitter (bit.ly/FoV8n).
Welcome to Vonage World!
Best,
Michael
This is the only reason am not taking vonage.
When we want to discontinue service, its very difficult to get a CSR to perform this activity. It may take an hour or 2 after looong waiting periods. I heard even wrong charges in the final closing statement.
Please answer this and lot of people will join based on your response.
Thanks
more...
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l1fraud
06-14 12:07 AM
I understand your point. But this is exactly what anti-immigrants complain about H1Bs. ( depressing wages, outsourcing etc)
It is interesting that we are using anti-immigrant's arguments to pin L1s.
Thats NOT the key here ... its about violating current laws and regulations, do what ever you want offshore/outsource/onshore ...what ever, violating the rules and act of fraud is NOT ACCEPTABLE in any circumstances and we are pretty sure that ICE/USCIS and other agencies would have the same view.
It is interesting that we are using anti-immigrant's arguments to pin L1s.
Thats NOT the key here ... its about violating current laws and regulations, do what ever you want offshore/outsource/onshore ...what ever, violating the rules and act of fraud is NOT ACCEPTABLE in any circumstances and we are pretty sure that ICE/USCIS and other agencies would have the same view.
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Tantra
07-12 08:00 AM
Gandhigiri in Amrikka!!! -- http://mutiny.in/2007/07/11/gandhigiri-in-amrikka/
Indian green card seekers' novel approach -- http://www.gulfnews.com/world/U.S.A/10138698.html
Indian green card seekers' novel approach -- http://www.gulfnews.com/world/U.S.A/10138698.html
more...
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CADude
09-20 01:29 PM
Hope everything will turn out good for you. I don't know faith of our applications.
I�m July 2nd filer application reached to NSC at 9.1 am and signed by R Mickle
Till date my checks have not been cashed. When I Called service center yesterday they gave me Receipt Number for I-485 (LINXXXXXX) but again she told me that�s its Invalid then she put me on hold and checked something then see verified my address, Social security number also My Attorney�s Name and address. After confirming this information she told me Receipt Number of I-485 is yours but its Void in our system let me check it online and online it shows case received and pending.
Now she said its weird its showing Valid in online system and in our internal system its Invalid. Then she asked me did you file 131 and 765 along with this I said yes then she said let me check it and found nothing.
She has created one service request for me and asked me to wait another 45 days.
Meanwhile I told this matter to my Attorney and he told me not getting receipt is normal and I could have asked you to wait till October 15�th but you are there in the system and why they have stopped processing you applications looks strange to me also applications is not been rejected. So he told me that he will write letter to USCIS director to investigate this issue and assured me that as long as we are in their system so don�t have to worry but he told me that if Director don�t respond in one month�s time then we will go to court but he is optimistic that situation may not go to that.
If anyone of you in similar situation please let me know.
I�m July 2nd filer application reached to NSC at 9.1 am and signed by R Mickle
Till date my checks have not been cashed. When I Called service center yesterday they gave me Receipt Number for I-485 (LINXXXXXX) but again she told me that�s its Invalid then she put me on hold and checked something then see verified my address, Social security number also My Attorney�s Name and address. After confirming this information she told me Receipt Number of I-485 is yours but its Void in our system let me check it online and online it shows case received and pending.
Now she said its weird its showing Valid in online system and in our internal system its Invalid. Then she asked me did you file 131 and 765 along with this I said yes then she said let me check it and found nothing.
She has created one service request for me and asked me to wait another 45 days.
Meanwhile I told this matter to my Attorney and he told me not getting receipt is normal and I could have asked you to wait till October 15�th but you are there in the system and why they have stopped processing you applications looks strange to me also applications is not been rejected. So he told me that he will write letter to USCIS director to investigate this issue and assured me that as long as we are in their system so don�t have to worry but he told me that if Director don�t respond in one month�s time then we will go to court but he is optimistic that situation may not go to that.
If anyone of you in similar situation please let me know.
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GCBy3000
06-18 02:44 PM
When you started the process, you might have authorized your attoreny to represent you. I am not sure what the form you signed, but it should be similar to G28. Revoke this authrorization in writing with anothor from( Dunno what itis called)
Otherwise, he could revoke your 140 or labor etc as he represents on your behalf. I read this somewhere.
I doubt that the lawyer would purposely hurt a former client. Its not just unethical, its really malpractice. And its not like lawyers done get fired and they cant handle getting fired.
However, please do make sure that you have all documents that you need to do your own 485 filing. If there are some documents like 140 approval or other stuff that only he has, then you will have to get it out of him, which he just might delay (a little) in case if he is an absolute nut job.
For me, I dont care what the lawyer thinks of immigrants as long as the job is done in a TIMELY manner without mistakes. If he hates immigrants and votes for Jeff Sessions, I dont care about it. All I want is TIMELINESS and ERROR FREE job. After that, he can hate anyone he wants and stick pins in voodoo dolls of immigrants.
Otherwise, he could revoke your 140 or labor etc as he represents on your behalf. I read this somewhere.
I doubt that the lawyer would purposely hurt a former client. Its not just unethical, its really malpractice. And its not like lawyers done get fired and they cant handle getting fired.
However, please do make sure that you have all documents that you need to do your own 485 filing. If there are some documents like 140 approval or other stuff that only he has, then you will have to get it out of him, which he just might delay (a little) in case if he is an absolute nut job.
For me, I dont care what the lawyer thinks of immigrants as long as the job is done in a TIMELY manner without mistakes. If he hates immigrants and votes for Jeff Sessions, I dont care about it. All I want is TIMELINESS and ERROR FREE job. After that, he can hate anyone he wants and stick pins in voodoo dolls of immigrants.
more...
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gc28262
06-13 01:25 PM
gc26...., It seems that you have missed the point again. Any logical person will have the capability to comprehend that this thread is against visa abuse in L1 category.. If you still didn't get it, objective is to explore the options to report abuse of L1. Benefits are: genuine people still get the opportunity, reduce over supply in market, not bring wages down etc.
Its that simple. If you can give me 1 good reason to not bring this issue up, I can definitely discuss the issue. But, stop giving me this crap about raising voice and being right...
Totally, non baseless argument by you and Ganguteli...
I never said raising this issue is illegal. BTW I was not replying to "l1fraud". My comment was directed at "dilipcr" who is of the opinion that Grassley's bill is good and IV core and the forum should support it so that he can have a secure job.
BTW is l1fraud or others raising this issue out of love for law ? no way. That was my point.
Its that simple. If you can give me 1 good reason to not bring this issue up, I can definitely discuss the issue. But, stop giving me this crap about raising voice and being right...
Totally, non baseless argument by you and Ganguteli...
I never said raising this issue is illegal. BTW I was not replying to "l1fraud". My comment was directed at "dilipcr" who is of the opinion that Grassley's bill is good and IV core and the forum should support it so that he can have a secure job.
BTW is l1fraud or others raising this issue out of love for law ? no way. That was my point.
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aj_jadeja
02-17 01:10 PM
So basically he is saying that count your blessings and thank god that you are stuck in Backlog centers or in retrogression because in Europe, its even worse. Its a nice way of saying : "It is what it is, take it or go to Europe or go back to India".
Right?
exactly :)
Right?
exactly :)
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walking_dude
01-10 10:44 AM
Writing a letter to the President urging him to implement reforms to help our community will not have any consequences in a Free, democratic country which guarantees freedom of expression to everyone, including citizens.
If writing a mere letter puts you in trouble in any country, then that country is not worth living in.
I alreay sent mine and my wifes. 2 for President and 2 for IV.
If writing a mere letter puts you in trouble in any country, then that country is not worth living in.
I alreay sent mine and my wifes. 2 for President and 2 for IV.
needhelp!
01-14 02:36 PM
Those letters need to be going out..
chanduv23
11-14 11:40 AM
^^^^^^^^^^
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