Saturday, June 18, 2011

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  • arnab221
    07-28 01:30 PM
    Folks ,

    Any approvals for the month of June ? Is there any hope for June filers ? There seems to lot of approvals since last 2 weeks folks . Can IV core provide some direction and guidance to the people stuck at Atlanta service center ?




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  • us-alien
    07-23 05:22 PM
    Guys, We just got the magic e-mail.!!
    Card Production ordered
    PD AUG 2004
    RD :FEB 2005
    EB3 INDIA :) :) :)

    thx everyone for your help and suppport!!


    Here's my analysis on how this case which a late PD could have been approved this fast:

    1) this labor might have been approved from one those states which had fast approvals was able to able to apply for concurrent filing before jan 1st, 2005 when EB3 retrogressed.
    2) since there were very less cases between 2003-2004 in I-485 (due to slow BEC processing), this particular case was selected based on RD.
    3) but with the current openings, there will be a lot of cases between 2003-2004 enough to use up the numbers esp for india until the next several years.

    So i dont think we can guess that the I-485 dates will now be at 2005 or later.




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  • gsc999
    09-12 02:13 AM
    This is amazing!




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  • indio0617
    03-09 09:54 AM
    How many senators are present in the meeting today ?



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  • gsvisu
    07-13 05:07 PM
    My 2.5 Cents.

    We need to start a Letter Campaign next.

    A focussed uniform format with some lead from IV. But now focus on San Jose,CA's rally efforts.




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  • desi3933
    12-21 04:39 PM
    desi3933,

    Most likely your employer needed to file a new labor as well when your profile changed, right?

    Thanks


    Yes. That is correct.

    New I-140 can only be filed with new labor.



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  • JunRN
    05-29 12:59 PM
    I don't want to argue either.

    In my case, I saved $400 per month as I got mine on 4.5% interest rate. If I got mine on 6% interest rate, I would have paid $144,000 more in the entire duration of my loan. I can't say enough on the value of my house because it is the lowest compared to all my neighbors with same model. The location has the best school district in the city and the elementary school is 3 blocks away.

    Refinancing is a tricky part of this game. Refinancing is not always good because most of the time, you will start at month 1 again where the interest part is higher than the principal. It also has closing cost. One should only refinance if the difference is greater than 1%. 1% is only break even.

    I am not saying all others should buy now. What I am saying is that we cannot say it's not a good time to buy either. It depends on where you're buying.




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  • chanduv23
    05-14 02:19 PM
    Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.

    Good luck.

    that is not possible. That would mean - someone must modify it at a database level in the backend and I don't think manipulating is possible or permissible. Manipulating such data is a crime and it is seriuos security breach of the system and if the agency is manipulating backend data - it is a serious issue.

    I understand that we all start to think cynical when such things happen.

    Based on the massive level of AC21 denials when employer revokes 140 - we are not sure what is going on.



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  • 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




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  • eb3retro
    03-11 01:37 PM
    Hi eb3retro,
    I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice.



    I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application.

    Thanks.

    my case was never transferred from anywhere..it remained in NSC. my gut feeling says that they have gone past ur case, since you are in 2002 and i am in 2003, in which case, you probably will not get any RFE



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  • ujjwal_p
    04-02 03:05 PM
    I have not seen one single person getting so many red dots for playing a devils advocate and trying to defend USCIS. :D

    All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.


    Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.

    Actually those are not the only options. Another option is to leave the country. That's an option which has been taken by many people to head back to where they came from or to other countries where their skills are welcome. One needs to only read through some of the old threads of frustrated people moving to India, China, Canada etc.




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  • zoooom
    07-14 07:10 PM
    ^^^



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  • logiclife
    09-28 07:34 PM
    They can do "wild" approvals, however, they have to do it as per September visa bulletin. IF they dont have enough approvable 485s that are as per the Sept visa bulletin and if the approvable "ready to go" cases are past the priority dates of September bulletin, then they will be sitting unapproved as they CANT do any kind of "wild" approval.

    Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.




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  • greyhair
    05-10 01:37 PM
    I finished calling all Senators for the 2nd time. It feels good talking with them about my green card. I also called my Senators in CA. The person on the phone said they support CIR and green cards.



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  • murali3000
    08-25 08:44 PM
    It is not a good idea to buy property in India now ( at high prices )
    You can see a 30 to 40% decline in prices in coming months/ years.
    Wait and buy.
    As far as loan , go with SBI or LIC home loans - slow in processing , but you can save lot .
    No ICICI




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  • saimrathi
    09-27 01:48 PM
    Got our DL and State IDs renewed today in PA.. I had my pp, I-129 approval, spouse's pp, I-539 approval, Address proofs, employment letter, most recent paystub, letter from Social Security office for spouse.. They didn't have any problems renewing my DL as I already had a SSN.. but since my spouse doesn't have SSN they had to get some verification from USCIS online.. The only trouble with that was they didn't remember their login info, but once they found that, it took them only minutes to find what they needed and processed my spouse's renewal... So we dont have to worry about this for 3 years (actually our state ID has been renewed for 4 years, strange)...



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  • sam_hoosier
    08-26 01:47 PM
    I know this is not the Forum to discuss this matter.

    But I hope this should answer some questions

    1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
    then it is Tax deductible because they send out a 1040 at the end of Tax year.

    2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.

    I am not sure thats correct.

    Per IRS regulation Section 163 (C), as well as Publication 936, interest paid on primary and secondary residences up to an aggregate one million dollars in loan amount is tax deductible. The IRS regulation does not specify that the home must be located in the United States, and thus it seems logical that interest paid on a home loan on property in India is in fact deductible
    (please consult your tax advisor for applicability to your specific tax situation).




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  • buddyinus
    08-11 01:27 PM
    A freind of mine called. He did NOT hear such thing from NSC. He even refefrenced this discussion

    Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.




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  • ramus
    07-18 03:24 PM
    Great.. Thank you.. Please ask your neighbours to join IV i they have not yet.



    Thanks for all your efforts.

    Made a contribution of $100
    Confirmation Number: 1LX38419RG209364L.




    skv
    06-28 02:35 PM
    I got my certified yesterday 6/27
    EB-2, India, Atlanta feb 21'07

    All the best !!! Good to know.




    gaz
    09-09 09:51 AM
    to add to the conversation on the price -> locals are also experiencing a glut of money due to the economic boom in the last 5 years or so. Small businesses have really taken off in a big way exporting to Europe/ US. Investors in the stock market have also hit the jackpot. And, once you have money, for most Indians the safest option to invest is in property or gold.

    Also better salaries all around fueled by attrition of talent to the IT sector.


    viz loans and experience with banks-
    i took a loan from idbi bank 3 years ago - no complaints too
    rate was floating and started at 8.25 and has gone up to around but pmi is still the same (was 10 year loan; i believe they increased the loan duration to around 12 years now); no prepayment penalty; slow on service - but get there eventually (unlike ICICI with whom I have every other account)

    overall banking experience with ICICI/ Citibank/ HDFC has been poor so far - though the online experience at these banks is better than any other bank in the world.

    i echo the question on tax deduction for India mortgage in the US - could you please point out any resources/ links for the same?

    thanks!


    acharaniya/ other members of thread.

    I took home loan from SYNDICATE BANK, Hyderabad 3 yrs ago. The rates were reasonable and I'd recommend them, but you have to compromise little on service. You can directly transfer money from US to Syndicate bank.

    My question here is I didn't knew that we can save money in the form of tax deductable/excemption here in US on interest paid in India for home loans. Could you please let me know further details? If possible the CPA who you worked/working with for tax returns.

    Your help is greatly appreciated.

    thanks bro



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