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  • matreen
    10-17 01:58 AM
    Guys,

    I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,

    Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).

    Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)

    Is that going to cause any problem to my 485 process?

    Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?

    I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..

    Thanks,

    M



    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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  • eb3july2003
    04-17 08:13 PM
    All the best AllVNeedGcPc. I completely understand how difficult it would be to wait for this last step without knowing what is happening.

    1. Here are the email addresses that I used. Got a response from the NSC email address after three days that I need to wait for 60 days and have to send a written request.

    *ncscfollowup.nsc@dhs.gov
    *ebupdate.tsc@dhs.gov

    2. Yes, my lawyer did send a explicit letter. Bottom line on that letter was "A request is hereby made to interfile the latest I-140 approval with his "A" file. Kindly make sure that the applicant's pending I-485 file reflects the new I-140 approval which has a priority date of July 8 2003 and it reflects classification under Sec. 203 (b) (2).

    3. Also I didn't mention one other thing on the original post was that I have placed multiple call to 800-375-5283 to make sure that my I-485 is processed as EB2.

    Hope this helps. Let me know if you need any further information.




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  • Abhinaym
    12-10 03:37 PM
    Was that expected?




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  • radhay
    04-17 01:59 PM
    I have closed on two mortgage loans recently and found that Loan Underwriters don't understand EAD/ AOS applications. For my original loan with Pulte Mortgage I explained them that AOS is a period authroized stay by Attorney General until Green card is approved. When they still didn't understand I had to bump my down payment to 20% which apparently puts less resrtictions (By Fannie Mae guidelines).

    When I refinanced this week with PFCU (pentagan federal CU) I sent them EAD copies and they were OK with it.



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  • satyachowdary
    09-12 08:53 AM
    Hi Milind123,
    I just contributed $100, here are my order details :

    Order Details - Sep 12, 2007 09:12 GMT-04:00
    Google Order #131954606924512

    Thanks
    Satya Chowdary




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  • whitecollarslave
    04-30 02:31 PM
    Can somebody post the link please?



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  • inskrish
    08-11 07:34 PM
    I am July 2nd filer, Got finger print notice from NSC with notice dated 8/7.


    Congrats!




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  • flipflop
    10-03 05:10 PM
    Every year congress mandates that 140k immigrant visas may be issued. Lets say, in a particular year 200k applications were sent in, but only half of them could reach a stage where they could be approved (rest half are stuck in name check et al). Now you can approve only 100k which means that 40k visas which could have been used will go wasted for that year.



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  • gc_chahiye
    07-24 10:00 AM
    I applied for PERM in Sep 2006 - EB3 - India.

    I applied for I-140 and I-485 concurrently in Jun 2007.



    on what date in June? Were you one of the July 2 filers? Because you were
    not current in June, had you applied, your I-485 would be rejected.


    I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP.

    Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.


    no July filer has received a receipt for any filing, forget about getting an EAD within 2 weeks.

    I-140 premium processing was stopped in July, and in regular NSC has been taking 6-8 months.

    Nothing in your story is adding up...




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  • breddy2000
    03-12 10:40 AM
    Looks like it only tracks people who donated for FOIA



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  • mirage
    08-16 08:40 AM
    guys, Please send out these letters....
    ------------------------------------------

    To, 08/15/2008

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it’s been nearly a “Decade” since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn’t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there’s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072




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  • pd052009
    08-13 08:06 AM
    Does any one know about any fee increase for H1B(Extn) premium processing because of border security bill? I have seen the below in immigration-law site.
    ------------------
    The new filing fees will be a huge amount, especially when they decide to file a premium processing request.
    -------------------



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  • digital2k
    05-10 11:47 AM
    Those who are waiting, pls call...




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  • skv
    08-12 05:35 PM
    I meant :

    We have to take some risk, if we want some progress on our I-140 cases. :-)

    Good night folks!



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  • villamonte6100
    04-01 02:38 PM
    Guys don’t presume you don’t have rights for this and that. late in spring of 2005 I had a meeting with my state’s senator and he took all my details and wrote to Backlog Center in Philadelphia. After 2 months his office called me and send me the correspondence they got from BEC. They had description about my file etc. my labor was cleared in a month after that. Apparently BECs informed his office about the approval too, and to my surprize they called me up again and told me the news. They are public office they are answerable to us, we need to ask…

    I'm not saying we don't have rights, but what you are asking are the internal workings of a government agency.

    You can't even vote. You can't even just change employers without hassle. You can't even just leave the country and come without proper documents. You can't even apply for a student loan. You can be deported any time you have a problem. You can't even renew your driver's license without showin proof of proper residency.

    Even with GC your rights are still not as good as a US citizen.

    Yes we do have rights.

    But the government is only answerable to a certain level. You cannot ask for information of the internal workings of a government. That's not going to happen.




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  • gccube
    07-18 02:59 PM
    Donot they limit to the apps with current PD. So if some one with PD 2001 Jan filed on July 15th 2007, he would not get his visa no until all the other guys filed with much later PDs got their GCs?



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  • lskreddy
    04-30 03:17 PM
    Guiterrez (spelt wrong) was brilliant in stating how screwed the FB system. He was particularly clear on his examples for FB. Kudos to him..

    And, they talked about the statute and bulletin mismatch of words...




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  • pcs
    07-05 01:59 PM
    Good job pcs !!

    I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!

    Just please let me know. WSJ news article & Congresswoman's letter adds a lot of muscle in your argument when you meet them

    Some can use following letter to email / fax.............................
    ......
    .......


    Hi ,

    This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....

    pl. read on...




    Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.


    Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.

    On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.


    In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.

    A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.


    If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.


    What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date


    ARE WE ASKING FOR TOO MUCH ???????????????????




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  • gc_check
    07-21 07:31 AM
    Friend

    I recently got a aloan from BOA on EAD without any probem.
    The Loan officer was fully aware the visa sattus. Dont know how he maneged but for me I didn't face any problem in financing from BOA.

    If you still face problem send me a private message an I will pass his informations so that you will be on right loan offcer hands who understand visa status etc.

    Do you posses a valid / current visa along with EAD. They seem to be okay with visa, and seems to lack knowledge on the EAD/485 stuff. Can you please PM the link to the loan office you worked, if he is agreeing to talk / provide updates. BTW, mine is a re-finance, and never had problem before and this is the first time, the visa issue is causing difficulties. The reason I went through this loan agent is the rate I am getting.




    jung.lee
    04-04 06:55 PM
    What is the difference between LLC and C Corp.
    which is better to open out of the two if we are in EAD.

    The easiest to read, most succinct source I have found is through Quicken:

    PDF:

    http://www.mycorporation.com/pdfs/MyCorporation_Comparison_Chart.pdf

    or

    HTML:

    http://www.mycorporation.com/comparison.html

    Basically for small set ups (for example you and/or your spouse) you probably want to stick to LLC or S-Corp. S-corp has huge tax advantage in the sense that you can take a small W-2 salary from the firm (to minimize your payroll witholding taxes for social security and medicare) and take a large "partnership income" reported on a K-1, which is taxed at ordinary income tax rate, and is not subject to payroll withholding taxes for social security and medicare. If you think about it, by not taking the income fully on W-2, you will be saving around 15% in withholding taxes.




    deepimpact
    08-22 09:51 PM
    So does this mean:
    a) Less of EB1
    b) Less of EB2- ROW
    c) Less porting from EB3->EB2

    If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!



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