Wednesday, June 8, 2011

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  • gc_buddy
    11-18 02:35 PM
    Dear Members,

    One of the IV member recieved a phone call from Ombudsman office and is as follows.

    -----------------------------------------------------------------------
    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.

    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)
    ----------------------------------------------------------
    The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.

    With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters





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  • texcan
    09-02 04:58 PM
    I will be taking up a new job and I have been told by the new employer that, benifits will start after 30 days.

    I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??

    Any help is appreciated...


    AFAIK you can continue your insurance coverage as it was from previous employer only difference is that you will have to pay for it. Ask HR or Insurance Agent assigned/responsible for your employer.

    Alternatively you can buy short term insurance, i used Fortis many times in past. Its very cheap and will cover you between jobs. Search for short-term coverage.

    HTH
    -s





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  • beautifulMind
    06-29 01:55 PM
    now this is confusing..should we or should we not use the A# from OPT card...Anybody else confirm this





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  • martinvisalaw
    06-29 10:30 AM
    Thank you so much Elaine for your quick response..

    So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..

    Your H-1B stays valid for as long as it is approved, even if you enter using AP.



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  • puskeygadha
    01-13 03:29 PM
    oaktree

    I am live example..
    my perm was denied..and we filed MTR which has not gone through yet
    then my company filed another perm but for a different position and
    description..that got approved..

    i extened H1 with MTR but lost my priority date..which does not matter to me
    since i am EB2 and Rest of the world...just incase my MTR gets accepted
    i can use that PD





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  • gcfriend65
    12-06 09:27 AM
    I have my I-140 waiting at NSC from May 01, 2006. On Dec. 05, 2006, I-140 processing time shows as June 01, 2006. Since, it was more than 30 days, my employer called the National Service Center number and they opened a service request and told me to wait 45 days. My lawyer says that USCIS takes 45 days at a minimum to reply, but normally it is 90 days.

    Is there anyone out there, who know how to track this service requests or have any experiences with them.



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  • Googler
    07-18 10:13 PM
    Hi Googler,
    Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -

    Clockwork,

    The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
    I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.

    I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.





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  • gcseeker2002
    11-04 02:09 PM
    This is weird. I thought a lot of people have got EAD but did not get AP. Of course some people have got both. Can anyone shed some light on how they approve AP? In what order? I believe quite some people have travel plan during the coming months.
    Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.



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  • popoye
    04-27 12:28 PM
    receiving RFE during 485 stage has become more of a common thing. Dont worry about it. Once you get the letter, prepare a response with the right evidence with the help of the attorney, and you should be fine.





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  • cooler
    08-27 03:16 PM
    I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???

    I dont think that should be a problem. AS Attorney Murthy suggested, talk to the supervisor at the DMV office. The I485 receipt should be enough.



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  • bondgoli007
    09-29 07:57 PM
    Hi,

    Don't fret about the PERM time lines. It can take anywhere from 1 month to more than 6 months (for Fragomen clients) for PERM approvals/denials. Mine was filed in May and I also had to reply to an audit.

    In your case because your PERM was applied more than 365 days before your 6th year H1 expires, even if you PERM approval doesn't come until Jun 09, your employer can file for a 1 year extension.

    Now, I am not very sure about this scenario in case of a PERM denial. Maybe someone else can comment on that one.

    Thanks.





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  • Mount Soche
    12-18 06:21 PM
    Summons to serve on the jury are sent to anyone with a driver's license so non-US citizens should not be surprised to get them.
    As everyone else says, just notify them of your ineligibility by the stated date and you will be excused. It is very important that you do notify them by the stated date or there could be legal ramifications.



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  • smartboy75
    08-14 12:26 PM
    Well...that's one thing I have never figured out....I have friends who have paper filed their EAD and they have received it too....no questions asked....they did need to send additional paperwork..like photos and passport copy.....but if you e-file you don't have to mail in photos or passport copies...but u do have to have ur biometric taken....

    I guess they just want to verify ur identity....u r who u say u r.....my wierd guess...





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  • go_guy123
    01-21 02:48 PM
    I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.

    Actualy per country quota was made in 60s replacing and even more rigid system that alloted quotas based on existing us population origin (mainly from western europe) by
    Senator Kennedy.

    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965



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  • regacct
    01-20 12:47 PM
    This is the only country in the world which experiences this constant and repeated rebirth. Other countries depend upon the multiplication of their own native people. This country is constantly drinking strength out of new sources by the voluntary association with it of great bodies of strong men and forward-looking women out of other lands. And so by the gift of the free will of independent people it is being constantly renewed from generation to generation by the same process by which it was originally created. �.. We came to America, either ourselves or in the persons of our ancestors, to better the ideals of men, to make them see finer things than they had seen before, to get rid of the things that divide and to make sure of the things that unite. It was but an historical accident no doubt that this great country was called the "United States"; yet I am very thankful that it has that word "United" in its title, and the man who seeks to divide man from man, group from group, interest from interest in this great Union is striking at its very heart. ----Woodrow Wilson

    Nearly all Americans have ancestors who braved the oceans�liberty-loving risk takers in search of an ideal�the largest voluntary migrations in recorded history. Across the Pacific, across the Atlantic, they came from every point on the compass�many passing beneath the Statue of Liberty�with fear and vision, with sorrow and adventure, fleeing tyranny or terror, seeking haven, and all seeking hope�Immigration is not just a link to America�s past; it�s also a bridge to America�s future. � George H. W. Bush

    I received a letter just before I left office from a man. I don�t know why he chose to write it, but I�m glad he did. He wrote that you can go to live in France, but you can�t become a Frenchman. You can go to live in Germany or Italy, but you can�t become a German, an Italian. He went through Turkey, Greece, Japan and other countries. But he said anyone, from any corner of the world, can come to live in the United States and become an American. � Ronald Reagan

    Our attitude toward immigration reflects our faith in the American ideal. We have always believed it possible for men and women who start at the bottom to rise as far as their talent and energy allow. Neither race nor place of birth should affect their chances. � Robert F. Kennedy

    Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists. � Franklin D. Roosevelt





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  • logiclife
    03-09 12:39 AM
    Thanks to first few members who have volunteered to help with membership drive.

    Getting more and more people on board with immigration voice goes hand in hand with fund raising we need to broaden our base to have more voices and more dollars.

    IF you lose sleep over retrogression or backlogs, email me at jay@Immigrationvoice.org so that I can reply back to you with a pdf file that will enable you to help us better.

    Thanks,
    logiclife.



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  • Asfandyar
    08-22 06:10 PM
    SKIL Bill--S-2611--Introduced to the House, May Raise H-1B, EB Quotas
    The SKIL Bill has been introduced to the House of Represenatives by nine congressmen, all Republicans. (The acronym stands for "Securing Knowledge Innovation and Leadership.") If passed into law, S-2611 would raise the H-1B cap to 115,000 and the EB quota to 290,000. It would also exempt spouses and children from the quota, which would certainly eliminate the current 5-year backlog in the EB-3 category. Many agree that the SKIL Bill is important to the U.S. economy.


    SKIL Bill: Who, What, Why?

    The SKIL Bill would help programs bring well-educated foreign talent together with U.S. employers who say they are suffering a shortage of skilled workers.

    Introduced by Representative John Shadegg (R-AZ), the SKIL Bill would reform the H-1B visa system as well as the employment- based (EB visa) green card process. Cosponsors include representatives John Campbell (R-CA), K. Michael Conaway (R-TX), John T. Doolittle (R-CA), Jeff Flake (R-AZ), Peter Hoekstra (R-MI), Michael McCaul (R-TX), Mike Pence (R-IN), John Shimkus (R-IL) and Todd Tiahrt (R-KS).

    The United States has found itself in a state of lacking competitiveness due to the difficulties that foreign students and workers have encountered with the U.S. visa process. The SKIL Bill's introduction to the House sends a message that the Bush Administration and the U.S. Congress alike are addressing this issue and taking it seriously.

    Some of the highlights of the SKIL Bill (Securing Knowledge Innovation and Leadership) include:

    -EB and H-1B cap exemptions for foreign workers educated in the United States who have earned a graduate degree. U.S. educated foreign workers with master's or higher degrees.

    -Making the H-1B process and cap more flexible, based on market needs, so that U.S. employers are not severely delayed from hiring essential foreign talent for months at a time.

    -Extending optional post-graduate work (practical training) from 12 months to two years, so that these highly skilled, U.S.-educated foreign workers have a better chance of attaining green card status and using their talents in the States.

    -Exempting spouses and children of EB green card applicants from the annual EB immigrant visa cap, which would free up these visas for the professionals themselves.

    Reasons Behind the SKIL Bill

    For more extensive details, see the entire text of the SKIL bill.

    http://shusterman.com/pdf/skil506.pdf





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  • sanju_dba
    01-07 02:17 PM
    i see the estimate tool is showing
    max weekly is $415
    max benifits is $10k

    I thought it was like 1/2 of your salary.





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  • gcdreamer05
    11-19 12:55 PM
    The vermont service center says 2 months for h1b extensions, mine has been pending for 75 days, so i called the uscis today and guess what they told me, the processing times have been updated on teh web site but it is very difficult for us to follow them, i would suggest you wait for 90 days and see if there is any change in your online status if not call me back.

    Then why do these people keep updating monthly processing dates if they cannot stick to their words.

    I believe the processing times are just a gimmick to show progress to press....:mad:





    ossidon
    06-25 02:08 PM
    ^^^^^^
    Good Initiative psaxena. Count me in !





    mrsr
    06-22 09:28 AM
    also include

    photos
    birth cert and
    cheques

    Agree.
    Initial Evidence for I-485 includes
    1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
    2. Employment Letter (for GC job)
    3. Proof that person is maintaining valid status in USA since last entry in USA

    Not a legal advice
    ----------------------------------
    Permanent Resident since May 2002



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