gbof
09-30 04:08 PM
I liked the tone and tenor of aila. What surprises me the most is there is NO work audit at uscis and they feel all powerful to scare/ trouble at their whim...
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEihlmC98NkoKA4_YRhf2KYfpPO-L5aehYebYmCz8MT6RS5i1qpxZyCDFrEc21T1btw-wBylm0g4_qgD789s9OghPBL5Tcgqih0w03lwhzlLE2DDKkyvWB2uF_w6ODQ0OdKSor65XY5MB2E/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEihlmC98NkoKA4_YRhf2KYfpPO-L5aehYebYmCz8MT6RS5i1qpxZyCDFrEc21T1btw-wBylm0g4_qgD789s9OghPBL5Tcgqih0w03lwhzlLE2DDKkyvWB2uF_w6ODQ0OdKSor65XY5MB2E/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEihlmC98NkoKA4_YRhf2KYfpPO-L5aehYebYmCz8MT6RS5i1qpxZyCDFrEc21T1btw-wBylm0g4_qgD789s9OghPBL5Tcgqih0w03lwhzlLE2DDKkyvWB2uF_w6ODQ0OdKSor65XY5MB2E/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEihlmC98NkoKA4_YRhf2KYfpPO-L5aehYebYmCz8MT6RS5i1qpxZyCDFrEc21T1btw-wBylm0g4_qgD789s9OghPBL5Tcgqih0w03lwhzlLE2DDKkyvWB2uF_w6ODQ0OdKSor65XY5MB2E/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
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sj2273
01-30 11:41 AM
Emailed Detroit News and Free Press
and NPR(Miradio.org)
and NPR(Miradio.org)
delax
07-16 08:20 PM
Check this post from logiclife
http://immigrationvoice.org/forum/showthread.php?p=117422#post117422
Originally Posted by logiclife
IV core stands by the information it provided this afternoon about a solution that will be announced soon. If not on Monday, it will be annouced on Tuesday or Wednesday (Latest). These things could take time to process because of numerous departments and agencies involved and various procedures involved.
AILA has reported that decision has not yet been reached and wont be reached without lawsuit.
That information is not true based on what we know and we stick to our assertion that a solution that gives us relief has been worked out and a lawsuit will not be needed.
AILA/AILF is free to file its lawsuit if it feels the need to do that, however we have been hearing about them filing the lawsuit since July 2nd. And if they are so sure that lawsuit is the only way that solution will come out, then why dont we see the lawsuit yet ? After all, private parties and smaller lawfirms have filed lawsuit so what's the hold-up at AILA/AILF if they are so sure that no solution is possible without lawsuits ?
Logiclife - I think it was a great idea to delete your post above - I truly think that the efforts of IV need to be commended but lets not forget that it was equally a combined effort of ALL stakeholders involved. Lets be humble during this hour of aniticipation.
http://immigrationvoice.org/forum/showthread.php?p=117422#post117422
Originally Posted by logiclife
IV core stands by the information it provided this afternoon about a solution that will be announced soon. If not on Monday, it will be annouced on Tuesday or Wednesday (Latest). These things could take time to process because of numerous departments and agencies involved and various procedures involved.
AILA has reported that decision has not yet been reached and wont be reached without lawsuit.
That information is not true based on what we know and we stick to our assertion that a solution that gives us relief has been worked out and a lawsuit will not be needed.
AILA/AILF is free to file its lawsuit if it feels the need to do that, however we have been hearing about them filing the lawsuit since July 2nd. And if they are so sure that lawsuit is the only way that solution will come out, then why dont we see the lawsuit yet ? After all, private parties and smaller lawfirms have filed lawsuit so what's the hold-up at AILA/AILF if they are so sure that no solution is possible without lawsuits ?
Logiclife - I think it was a great idea to delete your post above - I truly think that the efforts of IV need to be commended but lets not forget that it was equally a combined effort of ALL stakeholders involved. Lets be humble during this hour of aniticipation.
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ocpmachine
07-06 04:41 PM
Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.
Good luck
HTH
kris
Kris,
I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.
Good luck
HTH
kris
Kris,
I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.
more...
yabadaba
10-17 02:58 PM
commute from il to texas/leave ur wife behind/continue paying rent on ur apt and ask a friend to keep an eye out for ur receipts
if not...file AR-11 and pray for the best....there is not really that much in terms of options.
if not...file AR-11 and pray for the best....there is not really that much in terms of options.
quizzer
04-27 06:01 PM
Are they going to discuss all the bills in last week of May or just the Hagel Bill.
I know CIR as such is going to be discussed in the senate in last 2 weeks of May.
What about CIR in house? Will it follow after senate?
I know CIR as such is going to be discussed in the senate in last 2 weeks of May.
What about CIR in house? Will it follow after senate?
more...
rbalaji5
11-29 07:51 PM
Gurus,
Guide me. I am planning to apply for Canada Green Card (Permanent Resident). What I am going to do is.
1) Just download the application forms from Application for Permanent Residence in Canada [IMM 0008SW] from the website and just apply without any representative
Question is
1) Do I need a representative as this is a backup to US GC.
2) I dont have any Canadian temp work visa
3) How much bank Balance I need ?
Please clarify
Guide me. I am planning to apply for Canada Green Card (Permanent Resident). What I am going to do is.
1) Just download the application forms from Application for Permanent Residence in Canada [IMM 0008SW] from the website and just apply without any representative
Question is
1) Do I need a representative as this is a backup to US GC.
2) I dont have any Canadian temp work visa
3) How much bank Balance I need ?
Please clarify
2010 William Levy y Mark Tacher
desi3933
06-25 12:34 PM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
As per this memo -
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
As per this memo -
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
more...
TheCanadian
11-26 04:38 AM
I will? That's surprising!
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pappu
03-05 10:56 AM
I am an IT consultant
What is the probable Approval date for this application?
My details:
EB2-labor 09/2006.
I-140 SRC078XXXXXXX(Texas)
Reciept: 02/27/2007
Notice: 07/31/2007
Priority:09/01/2006
section: Member of professional w/adv degree or of exceptional ability . Sec203(b)(2)
I-485:# SRC08-008-53-XXX(Texas:2008:eight day from 09/01/2008)
Recieved:08/14/2007
Notice :09/11/2007
Section: Adjustment as direct beneficiary of imigrant petition.
Finger Printing:12/20/2007
Could you please add that in your profile as well
What is the probable Approval date for this application?
My details:
EB2-labor 09/2006.
I-140 SRC078XXXXXXX(Texas)
Reciept: 02/27/2007
Notice: 07/31/2007
Priority:09/01/2006
section: Member of professional w/adv degree or of exceptional ability . Sec203(b)(2)
I-485:# SRC08-008-53-XXX(Texas:2008:eight day from 09/01/2008)
Recieved:08/14/2007
Notice :09/11/2007
Section: Adjustment as direct beneficiary of imigrant petition.
Finger Printing:12/20/2007
Could you please add that in your profile as well
more...
justareader
03-24 04:23 PM
Mark, That was awesome. Thanks for the effort
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smisachu
12-08 12:08 PM
If you are making 200K+/yr, just bite your lip and stay put. There are very very few careers which give you such a good pay scale.
I don't think you can do a MS in CompSci with out a BS with same specialization as far as understanding subject matter goes, but you could possibly do an MS in Information systems or similar.
But it all depends on your GRE score. If you have a high GRE score with good percentile in quantitative section then you could get into a good program.
I came to canada in 2000.I have been in USA Since 2003.
I started the GC process in Ohio, moved to bay area in 2006,stated the process again, recaptured old PD( EB2 all the way). Was hoping to get GC in Aug 2008 when my PD was current for 2 months. Hope will get it this year.
After moving to bay area I saw lots of engineer,mostly software, seemed happy with jobs. Started doing some search and found that this is one of the least stressful jobs in US with great salary and growth potential. There is no more growth in my field and it is very stressful and draining.
Thanks for the views guys, would like to know if can do MS with a bachelors in non engineering field.
I don't think you can do a MS in CompSci with out a BS with same specialization as far as understanding subject matter goes, but you could possibly do an MS in Information systems or similar.
But it all depends on your GRE score. If you have a high GRE score with good percentile in quantitative section then you could get into a good program.
I came to canada in 2000.I have been in USA Since 2003.
I started the GC process in Ohio, moved to bay area in 2006,stated the process again, recaptured old PD( EB2 all the way). Was hoping to get GC in Aug 2008 when my PD was current for 2 months. Hope will get it this year.
After moving to bay area I saw lots of engineer,mostly software, seemed happy with jobs. Started doing some search and found that this is one of the least stressful jobs in US with great salary and growth potential. There is no more growth in my field and it is very stressful and draining.
Thanks for the views guys, would like to know if can do MS with a bachelors in non engineering field.
more...
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desigirl
12-01 09:52 AM
We need to get all these businesses to join together with Immigration voice and support us by lobbying and funding.
No Great H-1b will come here if its going to take 10-20 years to get a Green card.
I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
This is a big thing that is missing so far.
See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.
Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
No Great H-1b will come here if its going to take 10-20 years to get a Green card.
I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
This is a big thing that is missing so far.
See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.
Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
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pmb76
07-17 01:16 PM
DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.
Please have some patience. IV core are working professionals like you and me. This is not their full time job and they are doing this in their spare time. They will update us as soon as the news is out.
Please have some patience. IV core are working professionals like you and me. This is not their full time job and they are doing this in their spare time. They will update us as soon as the news is out.
more...
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knnmbd
07-14 08:41 AM
Not trying to sound pessimistic� but I am tired of hearing about the so called SKIL bill without any sort of timeline attached to it. For all I care it seems to me that it might just lay dormant in the house for one, two or even five years without any consideration. Any one with more info should please throw more light.
With so much of steam building up around the SKIL bill, does the IV core team have any time line on when this will even be debated in the House? Is this on the plate for before or after the November elections?
With so much of steam building up around the SKIL bill, does the IV core team have any time line on when this will even be debated in the House? Is this on the plate for before or after the November elections?
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TheCanadian
11-25 03:16 AM
You probably noticed, but that's what he is doing. :dilbert:
No I sure didn`t :thumb2:
No I sure didn`t :thumb2:
more...
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BhanuPriya
01-13 07:27 PM
Hi All,
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
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saibaba
07-16 06:03 PM
wats goin on folks....I just got this news from my buddy,started surfing IV and found this thread....
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JunRN
09-17 10:10 AM
Once this bill passed the Committee, there are more work to do. We need to call again so that it will be put to vote at the Full House level and then, at the Senate.
I sent "Thank you!!!" flowers to Sen. Menendez for sponsoring the same bill in the Senate.
Let's call again today. Time is precious.
I sent "Thank you!!!" flowers to Sen. Menendez for sponsoring the same bill in the Senate.
Let's call again today. Time is precious.
BMS1
07-19 10:22 AM
My understanding is that to file for I-485 one needs to be in valid non-immigrant status (which your spouse does not have as of july 17th). After a valid I485 filing, there is a relief of 180 days as per 245(K). I could be wrong. It was a serious mistake not to have filed before July 16th. But nevertheless worth a try. If USCIS does not reject the filing, you need to be careful, not to let your spouse stay inside US beyond 180 days counting from July 16th. Since at a later stage, should the application be denied,a lot more can go wrong.
chapper
11-08 12:54 PM
From the pdf:
Major volumes of pending applications at the end of September 2007 include:
1,383,975 I-130 spouse/relative petitions;
654,864 applications to adjust status;
281,122 I-765 employment authorizations;
188,559 I-131 reentry permit/advance parole;
63,083 I-90 Green Card renewals/replacements.
654,864 - see below - any thoughts? 320,000 to 350,000 primary applicants!
According to I485: AOS includes - K1, K2, asylum, native or citizen of Cuba, refugee, living before 1972, spouse and minor of Cuba native.
Major volumes of pending applications at the end of September 2007 include:
1,383,975 I-130 spouse/relative petitions;
654,864 applications to adjust status;
281,122 I-765 employment authorizations;
188,559 I-131 reentry permit/advance parole;
63,083 I-90 Green Card renewals/replacements.
654,864 - see below - any thoughts? 320,000 to 350,000 primary applicants!
According to I485: AOS includes - K1, K2, asylum, native or citizen of Cuba, refugee, living before 1972, spouse and minor of Cuba native.
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