Saturday, June 25, 2011

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  • desibechara
    12-29 04:08 PM
    I was wondering about DOL letter which my employer received yesterday..for Recruitment process for 30 days..I wanted to know is it because of the conversion we did to RIR process some days back or is it just that they caught up with my TR application after 5 years..TR-Oct 2001

    Please let me know

    Desibechara




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  • skv
    06-20 10:38 AM
    enough of america....:mad: :mad: :mad: I am moving to UAE.....two hrs journey to goa India....no Income Tax:p :p :)



    Delays at DOL PERM Processing Center in Atlanta to End Soon!
    Posted May 11, 2007
    �MurthyDotCom
    A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
    �MurthyDotCom
    Personnel Reassigned to H2B Cases
    �MurthyDotCom
    We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
    �MurthyDotCom
    Changes Expected in the Near Future
    �MurthyDotCom
    Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.




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  • chanduv23
    11-20 10:25 PM
    In addition to my above post, one can be on h1b and keep getting h1b extensions and apply for consular processing instead of AOS.




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  • reddymjm
    07-14 10:31 PM
    I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.

    Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:

    "PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".

    I am a JUN filer. JUL 07 killed me.



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  • julsun
    01-14 04:54 PM
    Hi,

    We filed for our I131 on 7th Oct, 2007. Yet to receive anything on them. My wife needs to travel to India end of this month. She needs her AP since she is on adjustment of status right now. We had filed for a service request on 7th Jan at Nebraska Service Center. Got an email from them on 8th asking for supporting documentation. We faxed the medical certificate for my wife's mother on 8th Jan.

    Now NSC customer service is saying that we need to wait for further decision. Spoke with our local Infopass office today and as per them we should get something in 3-4 weeks. They gave us an option of getting new AP at local infopass office by filing new fees all over again.

    Has anyone on this group faced similar issues? How do we go about getting approval once we file for expedited request? I though once we open a new SR, we should get something back within 5 business days? Any help would be appreciated.

    Thanks




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  • Milind123
    09-14 12:13 PM
    bump

    Thanks Libra for bumping. Please allow me to do it. I think we still need one shot to go.



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  • meridiani.planum
    02-23 11:45 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

    interesting data. thanks to whoever put it up.

    So if the pattern of last 2 years also holds this year, there will be slow month or 2 month movement until the last quarter (july/aug/sept) and then boom-bada-boom massive movement of maybe a couple of years. In that last quarter its all hit or miss, some 20-30% of people who get current will get GC (like what happened last year) then again back to 1 year of creep and crawl... hopefully by then we get some form of immigration legislation to clear this backlog.




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  • snathan
    02-07 08:44 PM
    nowadays, girls are too much ...

    Days are gone where man used to trouble woman.
    Nowadays it is very much opposite...

    Ya its very much true...so dont marry.
    :p



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  • ronhira
    07-06 02:32 PM
    Guys for sake of transparency and moving ahead with a change, we should hold elections for the core team. Lobbying efforts are not working at all.

    absolutely, i need to see microsoft projects to keep track of the lobbying project. why can't the current folks show progress as per the microsoft projects plan. after the end of time and budget, we need to see the result in the form of our GC. that's how we do all our projects at work. why is this lobbying thing any different.

    if i can summarize bawa's point, we need to cut all ties with democrats, trash obama repeatedly unless we are sure that we have aligned with sarah palin and we are sure that we have been sidelined for next 8 years. wonderful strategy to ensure 100% failure, i luv it, the change we can believe in.




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  • tinamatthew
    07-20 12:47 PM
    Please look at the discussion topic and then post you comments. :mad: :mad:

    Sorry ... but please do you have an answer



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  • 9years
    10-21 01:54 PM
    Hi All,

    My EB2 I-140 Approved in 2 days (Premium Processing).

    Service Center: Texas
    Application Received Date: 10/12/2010
    Application Approved Date: 10/14/2010

    This is just to share with all of you.

    Thank you.




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  • GCwaitforever
    01-23 03:52 PM
    After a looo...ong wait, finally my labor petition is certified according to the web site.

    PD: May 2002
    EB2, Non-RIR
    Remanded as TR from RIR in 2003
    Made it to Regional in 2004
    Ended up in BEC in Feb 2005
    Certified as of today !!!



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  • chanduv23
    04-30 02:26 PM
    It is 2.25 pm and I still can't access the webcast. It was working fine 1h ago or so...

    I am not getting audio but able to see




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  • Positive
    05-05 08:34 AM
    Thank you for all of you who made the calls.

    Calls are only the start. Remember, the other side is also doing the same -sometimes outsourcing calls.

    Remember we all spend hours in US consulates waiting for our turn. What is now stopping us to make a personal visit. Explaining your story in person is far more effective than a call or an email.



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  • orangutan
    08-17 04:40 PM
    GC Life screwed me badly, couldn't file in EB2 2 times even though eligible because of a couple of idiots, only action item I can think for myself is re file in EB-2 which I am doing it very soon and have an appointment wirh Mr.Khanna tomorrow.




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  • DesiPardesi
    07-13 04:43 PM
    Having some samples loaded will help other members in contacting. I agree that personal story will be more effective but atleast we will know format of request.

    Thanks.



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  • WaitingForMyGC
    02-23 04:50 PM
    I am expecting about a year forward movement for EB2 India in April 2009 bulletin.

    I'll hold you responsible if it doesn't and blame you for all the s**t I am going through due to retrogession. :-)




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  • eb3_nepa
    07-14 02:55 PM
    06/29/08 PAYPAL *IMMIGRATION 4029357733 CA 50.00
    4029357733
    Description
    PROFESSIONAL S


    Guys as far as possible please stick to cheques and Bill Pays, atleast if you are contributing the $5.00 or $10.00. This will avoid bank fees and paypal/google checkout fees.




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  • hz_florida
    01-14 08:53 PM
    I haven't received 45 days letter yet, still waiting for it in patience. My information is below.

    Priority Day: July, 2003
    Altanta DOL RD: Jan. 2004
    Category: RIR, EB3
    45 day letter: not yet
    State: Florida
    ETA case #: T-05012-xxxxx




    makemygc
    10-25 11:59 PM
    I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.

    Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.

    I would suggest OP to add the copy of yates memo and the follow up memo to the posting.

    Thanks
    MakeMyGC

    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 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    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
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    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




    vbkris77
    02-26 02:39 PM
    Here is how I came up with that analysis. Last year they made changes to give GC for those stuck in FBI name check if they passed 180 days. So most of the ROW got their GC last year. There were not many labors approved from 2008. So there is no demand from EB2 ROW this year. With the economy going down, not many would get EB1s either. I don't anticipate many EB5s either this year. So major chunk of EB visas will need to come to EB2I/C. Will CIS do that or not is a different story.



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