rajuram
12-16 09:33 PM
Gandhigiri approach to retrogression in my opinion will be to do some good deeds that give Immigration Voice positive publicity, which in turn pushes the retrogression debate in the forefront in the national press.
There are several positive things that IV could do:
1. Start a small scholarship in a poor/immigrant dominated school/neighborhood.
2. Help some hospital in a poor/immigrant dominated.
3. Have a blood camp.
4. Donate food.
5. Send flowers to Senate & House.
Guys, all we need is positive publicity. We do not need large sums of money to do this.
There are several positive things that IV could do:
1. Start a small scholarship in a poor/immigrant dominated school/neighborhood.
2. Help some hospital in a poor/immigrant dominated.
3. Have a blood camp.
4. Donate food.
5. Send flowers to Senate & House.
Guys, all we need is positive publicity. We do not need large sums of money to do this.
wallpaper cool quotes for facebook
nixstor
04-30 03:07 PM
SO IF they move PD's to 2006 dec then there is aposibility that all 2006 pd 's get GC's before @001 pd's.:mad:
Aytes said " We are moving towards processing based on the shift in priority dates"
what I understood is Aytes is talking about the sweep USCIS is conducting as soon as the VB released. The sweep was mentioned by a lot of service center personnel when members were calling for case status
Aytes said " We are moving towards processing based on the shift in priority dates"
what I understood is Aytes is talking about the sweep USCIS is conducting as soon as the VB released. The sweep was mentioned by a lot of service center personnel when members were calling for case status
JunRN
08-20 09:36 PM
While Illegal immigrants are simply using international drivers license, we, legal immigrants, are having difficulty getting to drive legally. This is simply ridiculous.
2011 tattoo cool quotes for
texcan
09-12 01:50 PM
Thankyou sukhwinderd and ravish_kaipa.
All, please remember my intention is to motivate the people who never contributed and who start
a $50 monthly contribution at least for six months. Also don't forget to PM me when you
start your monthly contibution.
Anyway good start. sukhwinderd and ravish_kaipa please consider monthly contributions.
Here are the details about my contribution of $100
Order Details - Sep 12, 2007 1:02 PM EDT
Google Order #366145912118249
Kudos Milind123,
You are an amazing person. I bow to your selflessness and
wonderful community initiatives.
Regards
All, please remember my intention is to motivate the people who never contributed and who start
a $50 monthly contribution at least for six months. Also don't forget to PM me when you
start your monthly contibution.
Anyway good start. sukhwinderd and ravish_kaipa please consider monthly contributions.
Here are the details about my contribution of $100
Order Details - Sep 12, 2007 1:02 PM EDT
Google Order #366145912118249
Kudos Milind123,
You are an amazing person. I bow to your selflessness and
wonderful community initiatives.
Regards
more...
sunnysharma
07-18 04:28 PM
My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
.
You will be able to see your actual RD in the reciept notice...Donot worry..
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
.
You will be able to see your actual RD in the reciept notice...Donot worry..
cellphone
09-13 02:40 PM
Hi All,
Ads and other process took around 8 months(approximately). Just I was talking about the day labor filed with DOL to approval email to HR department. Just I am sharing this information thinking that it might help for someone in thinking in that direction. Eb3 & Eb2 both labors are from the same company. I have US masters degree ( if any wants to know about that).
Your questions are welcome and as much as I know I will share.
Thank you and best of luck to all.
dude, why 8 months?
btw, this is userful info for me as I am trying to get my PERM filed under EB3...and I have changed employers.
Ads and other process took around 8 months(approximately). Just I was talking about the day labor filed with DOL to approval email to HR department. Just I am sharing this information thinking that it might help for someone in thinking in that direction. Eb3 & Eb2 both labors are from the same company. I have US masters degree ( if any wants to know about that).
Your questions are welcome and as much as I know I will share.
Thank you and best of luck to all.
dude, why 8 months?
btw, this is userful info for me as I am trying to get my PERM filed under EB3...and I have changed employers.
more...
psaxena
06-11 04:42 PM
Just wondering you were born this way, just happened now when you arrived in US.
Any high school kid will tell you about what happened in the past and what advantage you could have taken, but............ a catch, we are simple who cannot see into the future like "YOU"
Stop these idiotic bakwaas..anyways if you wanna continue, fine with me , I am actually having a great TP.
I get a big laugh when I read some of the posts mocking
each other...
I have expressed my view/gameplan and even mentioned those who like can take anything out of it...
all those who are asking for donation..would you be happy if I donate a 1000$...why not make IV a paysite :D
Anyone who wants to get in have to pay at the gate :D so much for free-forum
I dont want to list here all the charities and social stuff I do just because a bunch of morons demand donation...hahaha sounds like ganesh festival donation demand :D
just know that we all do stuff in our lives oneway or other to give back to society...
And the losers who could get 15% investment and mock other who got more...please grow up...world is much bigger than your box
anyways..since you asked me try a simple investment in wellsfargo around march,april with 100K and figure out how much you get...as they say your attitude is, if you cant do it dont let other do it or just live in denial :)
other guy who was asking for investment advise, I will PM you this evening..goodluck my friend..
Any high school kid will tell you about what happened in the past and what advantage you could have taken, but............ a catch, we are simple who cannot see into the future like "YOU"
Stop these idiotic bakwaas..anyways if you wanna continue, fine with me , I am actually having a great TP.
I get a big laugh when I read some of the posts mocking
each other...
I have expressed my view/gameplan and even mentioned those who like can take anything out of it...
all those who are asking for donation..would you be happy if I donate a 1000$...why not make IV a paysite :D
Anyone who wants to get in have to pay at the gate :D so much for free-forum
I dont want to list here all the charities and social stuff I do just because a bunch of morons demand donation...hahaha sounds like ganesh festival donation demand :D
just know that we all do stuff in our lives oneway or other to give back to society...
And the losers who could get 15% investment and mock other who got more...please grow up...world is much bigger than your box
anyways..since you asked me try a simple investment in wellsfargo around march,april with 100K and figure out how much you get...as they say your attitude is, if you cant do it dont let other do it or just live in denial :)
other guy who was asking for investment advise, I will PM you this evening..goodluck my friend..
2010 status. good love quotes
kittu1991
09-11 12:05 PM
Contributed $100 using google checkout.
Transaction Num: #705956299363142.
Transaction Num: #705956299363142.
more...
MahaBharatGC
08-08 02:42 PM
Pappu - it is good to know that we are using the current mass media in this techie country (actually world...should say). Anything "Open" would yield good results.
My suggestion is not only contribution but also careful screening of opinions would be needed.
I will definitely love to contribute.
My suggestion is not only contribution but also careful screening of opinions would be needed.
I will definitely love to contribute.
hair cool quotes for facebook
genscn
08-11 10:12 AM
I thought I will share my experience with all members who are facing processing delay for their I-140. My I-140 was filed at NSC on March 21, 2007 and got transferred to TSC on May 21, 2008. Since then, I see no activities (I believe TSC was treating transfer date as receipt date and they didn’t bother to look at my case). On July 29, 2008, I asked my Lawyer to initiate the inquiry about the delay and his paralegal took the “service center request” from USCIS for my I-140 and service center issued a confirmation number (ETCXXXXXXXXXXXXX) for further inquiry.
Within 10 days of initiating the inquiry, my case was approved on August 9, 2008. Please do so if you think it will help.
Within 10 days of initiating the inquiry, my case was approved on August 9, 2008. Please do so if you think it will help.
more...
mayhemt
06-24 08:47 PM
Actually there are 2 sides to these questions.. (Of course I am also one of the EB3 aspirants.)
1. What is America losing because of our prolonged wait for Green Cards?
America would be losing on intellectual grounds. Most of the people waiting in the never-ending GC queue are ready to give up their spot, if they get good opportunities elsewhere, eg: UK, Canada, Australia, However it is not going to put a dent overall intellectual pool.
America would be gaining in terms of revenue & employment creation:
Filing fees, Attorney fees are the visible ones. The non-tangible ones being social security fund & medicare fund, Income tax, employer's insurance premiums. Most likely, the silent immigrant going back to his home country or another country is not going to ask for social security benefits/Medicare. Social Security in particular which is in desperate need of repairs greatly appreciates the immigrant going back.
The wait creates lot of employment in terms of immigration personnel, attorneys, USCIS systems' maintenance. Consider this: A credit card processing bank does more checks on an individual/card while processing an authorization. What if the whole immigration system has been automated (instead of today's almost fully paper-based immigration processing)? Even with automated systems in place (eg PIMS), there are massive delays. But the complete reform would hit a huge employment soft spot. How much would it take to hook up a terminal in an overseas consulate, thru which the consulate officer can check the petition validity then & there itself, accessing it from a Centralized database? Heck they should learn it from Yahoo or Google, to access systems from anywhere in the world.
2. How people who have green cards are contributing to the country as a whole ?
By contributing to income tax. A person with green card is more likely to get more opportunities than a person on H1. H1 holder is constantly nagged with endless paperwork, dependencies, expiration dates. A green card holder can switch to different companies or start his/her own business, thereby earning for himself & paying more on income tax & possible his/her business tax.
A permanent resident has already gone thru ton of checks/regulations eg: Criminal checks, medical tests. If the same tests were put thru for Americans, how many are really going to pass? Green card holders (or even H1 worker) stick to all rules, regulations, pay their bills without being a threat to American society.
On the other hand, green card holders/H1s need not sign up for defense service selection (above the age of 24). Lost American jobs is whole different ball game.
3. What if the whole green card process takes less than 3 years ?
If it takes less than 3yrs, it will certainly make lot of IVians & happy, including me. But we are not in Utopian world.
On the other hand, there will be huge influx of immigrant applications. Slowly immigration population would become large chunk in administrative areas, they may even reach Washington.
1. What is America losing because of our prolonged wait for Green Cards?
America would be losing on intellectual grounds. Most of the people waiting in the never-ending GC queue are ready to give up their spot, if they get good opportunities elsewhere, eg: UK, Canada, Australia, However it is not going to put a dent overall intellectual pool.
America would be gaining in terms of revenue & employment creation:
Filing fees, Attorney fees are the visible ones. The non-tangible ones being social security fund & medicare fund, Income tax, employer's insurance premiums. Most likely, the silent immigrant going back to his home country or another country is not going to ask for social security benefits/Medicare. Social Security in particular which is in desperate need of repairs greatly appreciates the immigrant going back.
The wait creates lot of employment in terms of immigration personnel, attorneys, USCIS systems' maintenance. Consider this: A credit card processing bank does more checks on an individual/card while processing an authorization. What if the whole immigration system has been automated (instead of today's almost fully paper-based immigration processing)? Even with automated systems in place (eg PIMS), there are massive delays. But the complete reform would hit a huge employment soft spot. How much would it take to hook up a terminal in an overseas consulate, thru which the consulate officer can check the petition validity then & there itself, accessing it from a Centralized database? Heck they should learn it from Yahoo or Google, to access systems from anywhere in the world.
2. How people who have green cards are contributing to the country as a whole ?
By contributing to income tax. A person with green card is more likely to get more opportunities than a person on H1. H1 holder is constantly nagged with endless paperwork, dependencies, expiration dates. A green card holder can switch to different companies or start his/her own business, thereby earning for himself & paying more on income tax & possible his/her business tax.
A permanent resident has already gone thru ton of checks/regulations eg: Criminal checks, medical tests. If the same tests were put thru for Americans, how many are really going to pass? Green card holders (or even H1 worker) stick to all rules, regulations, pay their bills without being a threat to American society.
On the other hand, green card holders/H1s need not sign up for defense service selection (above the age of 24). Lost American jobs is whole different ball game.
3. What if the whole green card process takes less than 3 years ?
If it takes less than 3yrs, it will certainly make lot of IVians & happy, including me. But we are not in Utopian world.
On the other hand, there will be huge influx of immigrant applications. Slowly immigration population would become large chunk in administrative areas, they may even reach Washington.
hot cool quotes for facebook
eb3retro
03-12 06:35 PM
Just got the email that Card Production Ordered. I hope it means the GC has been approved. Do any of you know of any situation like this?
r u sure, u r eb3, cos, in USCIS world, u need to be atleast 50 years old or waited in the 485 sstage for more than 10 years to get a GC in eb3? did u port pd or country interchangeability etc? either ways..congratulatiosn to u. hope you are not kidding around, cos ur case, is a kind of ray of hope for other eb3 veterans here.
r u sure, u r eb3, cos, in USCIS world, u need to be atleast 50 years old or waited in the 485 sstage for more than 10 years to get a GC in eb3? did u port pd or country interchangeability etc? either ways..congratulatiosn to u. hope you are not kidding around, cos ur case, is a kind of ray of hope for other eb3 veterans here.
more...
house cool quotes for facebook
waitnwatch
09-05 08:06 PM
I remember that in the early nineties it was next to impossible to get a home loan in India. I think the only company which gave out home loans was HDFC and the interest rate was a whopping 16%. Property prices at that time conformed to what people could actually afford as the house had to be either paid in full or you had to take out a loan from your provident fund.
Fast forward to 2000 and beyond. After the Indian rupee became fully convertible and the banking regulations were relaxed every bank or finance company started to make loans. The upshot of that is that everyone could buy a house and car through taking out loans. This of course created this huge demand for new housing from the middle class which translated into a steep increase in land and property prices.
This may not exactly be a total bubble as loans are there to stay. What is happening though is that home construction is going on at a rapid pace and at some point Indian cities and their suburbs may be overbuilt. At that point you would be stuck with your house and not be able to sell as is happening in the US. Of course some markets will correct but I donot think Bombay, Bangalore or Hyderabad will.
I'm a a total layman regarding such issues and I am just trying to reason this through.
Is is sad. All these NRIs are going to learn a very valuable lesson. Speculation is not a good strategy for investing. A lot learned that in the past few months here in USA. In a year we will be seeing the full blown post bubble correction in India. If one can rent an apartment for 15,000 why would one buy it for 50 lakhs. The interest alone on 50 lakhs is 50,000 every month. It is like buy and rent it and loose money. Instead why don't they deposit in a bank and get 50,000 every month:confused:
Fast forward to 2000 and beyond. After the Indian rupee became fully convertible and the banking regulations were relaxed every bank or finance company started to make loans. The upshot of that is that everyone could buy a house and car through taking out loans. This of course created this huge demand for new housing from the middle class which translated into a steep increase in land and property prices.
This may not exactly be a total bubble as loans are there to stay. What is happening though is that home construction is going on at a rapid pace and at some point Indian cities and their suburbs may be overbuilt. At that point you would be stuck with your house and not be able to sell as is happening in the US. Of course some markets will correct but I donot think Bombay, Bangalore or Hyderabad will.
I'm a a total layman regarding such issues and I am just trying to reason this through.
Is is sad. All these NRIs are going to learn a very valuable lesson. Speculation is not a good strategy for investing. A lot learned that in the past few months here in USA. In a year we will be seeing the full blown post bubble correction in India. If one can rent an apartment for 15,000 why would one buy it for 50 lakhs. The interest alone on 50 lakhs is 50,000 every month. It is like buy and rent it and loose money. Instead why don't they deposit in a bank and get 50,000 every month:confused:
tattoo Holiday Facebook status update
axp817
09-14 11:45 AM
I have to agree with SC3. PD porting from one EB category to another is a provision that falls within USCIS guidelines.
Yes, if an overwhelming number of applicants from a (more) retrogressed category port to a non (or less) retrogressed category, it 'hurts' some people.
I am EB2-I 2006 by the way, and this will hurt me as well. But I can't bash someone for utilizing to their advantage an option that is provided by the system.
And who am I kidding, if I was in their place, I would be doing the same thing.
Yes, if an overwhelming number of applicants from a (more) retrogressed category port to a non (or less) retrogressed category, it 'hurts' some people.
I am EB2-I 2006 by the way, and this will hurt me as well. But I can't bash someone for utilizing to their advantage an option that is provided by the system.
And who am I kidding, if I was in their place, I would be doing the same thing.
more...
pictures friendship quotes for facebook
gconmymind
08-13 07:04 PM
The only practical solution, IMHO, is to move over to EB-2. Like they say, If you can't beat them, join them.
______________________________
US Permanent Resident since 2002
N-400 Oath Date on Aug 19th, 2008
IMHO, yes, please move to EB2 if you can find a new job within your company or outside. EB3 is in limbo and not sure how long it will take to get resolved.
I am lucky enough to have an EB2 job with current PD. Several of my friends who are eligible for EB2 could not find suitable EB2 jobs and could not file in EB2.
______________________________
US Permanent Resident since 2002
N-400 Oath Date on Aug 19th, 2008
IMHO, yes, please move to EB2 if you can find a new job within your company or outside. EB3 is in limbo and not sure how long it will take to get resolved.
I am lucky enough to have an EB2 job with current PD. Several of my friends who are eligible for EB2 could not find suitable EB2 jobs and could not file in EB2.
dresses cool quotes for facebook.
coopheal
09-11 11:26 AM
IV rocks….. Just made contribution of 500$
Cannot come to rally because of personal reasons. Feeling terrible about that….
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
Cannot come to rally because of personal reasons. Feeling terrible about that….
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
more...
makeup 2010 quotes for facebook
test101
07-05 03:19 PM
I just spoke with an Immigration Representative of my Senator. She knows me as I met her last year with my employer for my other issue.
She just informed me that we are (Not only we but whole Congress) shocked with un-precedent action of DOS/USCIS for July VB. Senator's Washington DC office is working on this issue including immediate legislative relief to Employment Based immigration. She is well aware of whole drama of July VB. I am going to call Washington DC Office as well.
I encourage every one call to their Senator and HR and speak with Immigration Representative. I think first time media and lawmakers have acknowledged the problem of Employment Based Immigration.
Call make much impact than the email/fax
Can this be in head thread. So peole start organize and call based on this information.
She just informed me that we are (Not only we but whole Congress) shocked with un-precedent action of DOS/USCIS for July VB. Senator's Washington DC office is working on this issue including immediate legislative relief to Employment Based immigration. She is well aware of whole drama of July VB. I am going to call Washington DC Office as well.
I encourage every one call to their Senator and HR and speak with Immigration Representative. I think first time media and lawmakers have acknowledged the problem of Employment Based Immigration.
Call make much impact than the email/fax
Can this be in head thread. So peole start organize and call based on this information.
girlfriend images facebook status updates
tinamatthew
07-20 12:37 PM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)
hairstyles good love quotes for facebook
laborchic
05-06 11:55 AM
Called first 7 from the list
Brown, Gregg, Lugar, Enzi, Graham, Hatch Cornyn, Kyl
Will try to get to the rest of them later in the day.
Brown, Gregg, Lugar, Enzi, Graham, Hatch Cornyn, Kyl
Will try to get to the rest of them later in the day.
ItIsNotFunny
10-21 11:06 AM
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
Guys,
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
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
Guys,
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
eb3_nepa
07-05 01:00 PM
3 Threads on the same issue
No comments:
Post a Comment