acecupid
08-17 09:57 PM
What if you spend 3-4 K in the new GC process, and after writing these letters USCIS wakes up and release statistics that they have 2000 EB-3 I pending for 2002/2003 and 1000 for 2004 will you still go ahead ? I guess for us the most important thing is to know how many cases are really pending. As I am not filing a new EB-2 and what if there are 15K cases in 2002/2003 and 50K in 2004, I'll be sitting here all my life looking at Visa bulletins :o
You are forgetting the re-distribution of spill over rules which has affected the processing speed of different categories. So it doesnt matter how many numbers are pending in EB3 past years, its surely greater than the country limits based on past visa usage data. So it does make a lot of sense to port to EB2. Some one who applied in EB2 India in 2008 is likely to get GC before someone who applied in EB3 India 2003/2004 based on current situation.
You are forgetting the re-distribution of spill over rules which has affected the processing speed of different categories. So it doesnt matter how many numbers are pending in EB3 past years, its surely greater than the country limits based on past visa usage data. So it does make a lot of sense to port to EB2. Some one who applied in EB2 India in 2008 is likely to get GC before someone who applied in EB3 India 2003/2004 based on current situation.
wallpaper Hairstyles 2010 from Megan
kumar1
03-12 05:03 PM
Received an email from CRIS yesterday. They have issued a FRE on my I-485. I can not think of anything. My immigration history is clean, no status issues, ever. I remember submitting all the docs during July fiasco. I am waiting for the actual RFE letter to arrive.
Only good part is - there is someone "OUT THERE" who looked at my file.
Only good part is - there is someone "OUT THERE" who looked at my file.
clemsonite
09-02 01:01 PM
Well, you could still try and apply in EB2, as you mentioned earning a master's degree.
I am one of those who came in 98 on F1 and went through 3 different GC processes (all EB2) to finally see the CPO email now. No regrets though, as I changed employers a few times (resulting in dropping the first two GC processes) to achieve growth (higher salaries, actually).
All the best to everyone waiting.
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
I am one of those who came in 98 on F1 and went through 3 different GC processes (all EB2) to finally see the CPO email now. No regrets though, as I changed employers a few times (resulting in dropping the first two GC processes) to achieve growth (higher salaries, actually).
All the best to everyone waiting.
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
2011 2010 Megan Fox Long Hairstyle
nk2006
10-16 04:29 PM
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: Ombudsman
======================
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
=======================
============================
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
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: Ombudsman
======================
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
=======================
============================
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
more...
needhelp!
09-10 05:15 PM
raminmd, Miya Maqbool, Guest007, sxm101, nosightofgc, p_aluri, uslegals, krispal
Here's to a strong community of active members!
Here's to a strong community of active members!
pt326bc
10-01 12:26 PM
Last week I went to Trenton with H1 extension receipt (original), letter from employer, but in vain. They need approved docs. Luckily this week I got the H1 extended and today I carried the original approved H1 I-797A and got the DL extended. I got only 2 years H1/DL extension after 6 year completion with I-140 approved and 485 in progress. Fyi
Why 2 years and not 3 years when USCIS regulations allow for 3 year extension if I 140 is approved and PD is not current? Did you specifically request 2 years?
Regards.
Why 2 years and not 3 years when USCIS regulations allow for 3 year extension if I 140 is approved and PD is not current? Did you specifically request 2 years?
Regards.
more...
ys2jax
07-06 08:39 AM
here is the link
http://www.cnn.com/feedback/forms/form1.html?18
I cannot believe CNN is completely ignoring this story which appeared in NYT, WSJ, FORBES and a 100 other newspapers
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
there was a serious security lapse in issuing green cards, FBI Security check was bypassed, the USCIS might have given the visa to even terrorists.
why is CNN completely turning a blind side to this story, i am appalled by the CNN staff who choose to ignore this story.
http://www.cnn.com/feedback/forms/form1.html?18
I cannot believe CNN is completely ignoring this story which appeared in NYT, WSJ, FORBES and a 100 other newspapers
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
there was a serious security lapse in issuing green cards, FBI Security check was bypassed, the USCIS might have given the visa to even terrorists.
why is CNN completely turning a blind side to this story, i am appalled by the CNN staff who choose to ignore this story.
2010 Megan Fox Latest and
mirage
04-02 11:42 AM
I don't know what to tell you guys.. I'm surprised to see how some people's thought process work.
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories’ This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don’t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories’ This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don’t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
more...
vactorboy29
07-20 11:14 PM
Check this web site and do ur calculations;
http://www.dhs.gov/xabout/structure/gc_1183751418157.shtm
Thanks,
Ashish
http://www.dhs.gov/xabout/structure/gc_1183751418157.shtm
Thanks,
Ashish
hair Megan Fox at 2011 Golden Globe
jonty_11
07-06 01:42 PM
we really need this benefit....or else we may have our hair on fire....
Rumor has to be true..or else I am ......................going to Canada
Rumor has to be true..or else I am ......................going to Canada
more...
raysaikat
01-08 05:33 PM
and why, pray, does your esteemed school keep accepting students from these so called "sub-standard" colleges in india? i would say 5-7 years of observed emperical evidence calls for some substantial action on your and your school's part in black-listing these institutions........so, either:
1. you are blowing smoke through eveyone's a** here or
2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....
P.S - i am not from one of these schools so no personal stake!
For 2. However, it is not really about greed, but necessity.
1. you are blowing smoke through eveyone's a** here or
2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....
P.S - i am not from one of these schools so no personal stake!
For 2. However, it is not really about greed, but necessity.
hot Day Hairstyles 2010
lifesucksinUS
08-13 03:56 PM
I am sorry but is the September visa bulliten out? What is the status for EB2..
Thnx
Thnx
more...
house Megan Fox Latest Hairstyles
anilnag
02-23 01:49 PM
We can predict EB2 movement but EB3 is kind of gone case for this year too. Without any CIR, we can just pray that EB2 for all countries become current or at least move until july fiasco date (Aug 2007) so that spillover starts trickling to EB3.
Since EB2 I/C after Aug 2007 PD haven't filed their I-485 yet so the visa numbers if any left out by clearing until Aug 2007 should go to EB3I (the most retrogressed country). I don't see it happening this year but in 2010 it's a possibility.
Since EB2 I/C after Aug 2007 PD haven't filed their I-485 yet so the visa numbers if any left out by clearing until Aug 2007 should go to EB3I (the most retrogressed country). I don't see it happening this year but in 2010 it's a possibility.
tattoo Actress Megan Fox
peyton sawyer
07-23 02:57 AM
i am from asia.. i'll hopefully be working in NY.
thank you for your quick reply.
anyway, my PD is Aug. 2005. when did you send to NVC your updated DS230?
thank you for your quick reply.
anyway, my PD is Aug. 2005. when did you send to NVC your updated DS230?
more...
pictures 2010 Megan Fox hairstyles
Not2Happy
11-20 02:56 PM
Jimi,
I applaud your efforts to take the lead for the so cal chapter. I live in the San Fernando Valley in the Los Angeles county. I would be happy to assist you with any drive for our local chapter.
Unfortunately your first step did not muster enough support from our volunteers. I guess we just need another jump start and we will be rolling. Lets give it another shot.
I applaud your efforts to take the lead for the so cal chapter. I live in the San Fernando Valley in the Los Angeles county. I would be happy to assist you with any drive for our local chapter.
Unfortunately your first step did not muster enough support from our volunteers. I guess we just need another jump start and we will be rolling. Lets give it another shot.
dresses Megan Fox Actress Hot
Milind123
09-14 12:34 AM
Paypal Confirmation Number: 7GT536924Y063193D
Thank you dtekkedil for the nice contribution of $200 and I also thank ivvm for contributing $50. Normally our special guest fires at the end. But because he fired first lets have this round in reverse. I will post my contribution now. Still need 3 more brand new contributors to contribute $100 each.
Thank you dtekkedil for the nice contribution of $200 and I also thank ivvm for contributing $50. Normally our special guest fires at the end. But because he fired first lets have this round in reverse. I will post my contribution now. Still need 3 more brand new contributors to contribute $100 each.
more...
makeup megan fox hairstyles.
485Mbe4001
08-14 07:54 PM
I doubt that USCIS can talk cryptic like Alan Greenspan, they probably meant that the PD will be back to what it was in june 08. There are only 3k visas per category and thousands of applicants, i dont see a logical reason why the dates will move 2-3 years. If they do, i too will buy you dinner. nothing is logical with USCIS... during the last couple of weeks of September you will see significant numbers of EB 2 approvals and then its back to square one for another year.
The main reason for the 2 year movement in june 07 was because they wanted to allocate all unallocated visas for the year, then the July VB came out and the rest is history. They have improved the coordination between DOJ and USICS since. Just want to be realistic, if we start assuming thing people get complacent and stop doing the little activities that help us.
I don't agree with it and hope not ! As latest Visa bulleting states - DOS people had predicted and planned - They will move EB3 dates forward to cover all June applicants - that means moving cut-off dates for EB3 - India to Jun 2003 as per Jun 2007 bulletin. For some reason - they see heavey demand now and it may not be the case in next bulletin. Still they beleive its diffcult to predict any dates for EB3 before mid Sept. They are working and intention are there to help EB3 applicants. That leads to make me believe that dates for EB3 - India would move to somewhere Nov-Dec 2002 to Jan-Feb 2003 in next bulletin.
The main reason for the 2 year movement in june 07 was because they wanted to allocate all unallocated visas for the year, then the July VB came out and the rest is history. They have improved the coordination between DOJ and USICS since. Just want to be realistic, if we start assuming thing people get complacent and stop doing the little activities that help us.
I don't agree with it and hope not ! As latest Visa bulleting states - DOS people had predicted and planned - They will move EB3 dates forward to cover all June applicants - that means moving cut-off dates for EB3 - India to Jun 2003 as per Jun 2007 bulletin. For some reason - they see heavey demand now and it may not be the case in next bulletin. Still they beleive its diffcult to predict any dates for EB3 before mid Sept. They are working and intention are there to help EB3 applicants. That leads to make me believe that dates for EB3 - India would move to somewhere Nov-Dec 2002 to Jan-Feb 2003 in next bulletin.
girlfriend Megan Fox at 2010 Teen Choice
sandiboy
08-10 09:13 PM
I just got mail from lawyer with the Receipt nos for myself & Spouse got online. Receipt notices not yet received.
Hang on there everyone will get it sooner or later
I485 Filed: Jul 2nd 7:55 AM (received by R.Williams)
Revd at : NSC
Transferred to TSC: No
ND: Aug 7th
I-140 approved: Jun 2006 @ TSC
EB3 PD - May 2002
Hang on there everyone will get it sooner or later
I485 Filed: Jul 2nd 7:55 AM (received by R.Williams)
Revd at : NSC
Transferred to TSC: No
ND: Aug 7th
I-140 approved: Jun 2006 @ TSC
EB3 PD - May 2002
hairstyles megan fox hairstyles 2010.
Keeme
03-04 12:34 PM
Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
A soft LUD today 03/04 on my/wife's I-485 application.
I see lot of cases of EB2-I with PDs of 2005/06 and EB3- I with PDs 2003/04 have recentely received LUDs/RFEs.
Let's wait what next visa bulletin says !
Any one else with recent LUDs on their I-485s ?
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
A soft LUD today 03/04 on my/wife's I-485 application.
I see lot of cases of EB2-I with PDs of 2005/06 and EB3- I with PDs 2003/04 have recentely received LUDs/RFEs.
Let's wait what next visa bulletin says !
Any one else with recent LUDs on their I-485s ?
mw_immi
01-07 07:26 PM
I closed on dec 27. Underwriter asked me about green card. I just sent EAD copy front and back as well as AP and explained to him that EAD is like learners driving permit that is issued when your GC is under process. :D
Did you close with BOA?
Did you close with BOA?
ragz4u
03-16 09:06 AM
I just spoke with a CapitolHearings rep and she said she is going to get the technical team in charge of this to look into it
Hopefully it should start soon
They have not heard back from the technical team that does the relaying of live feeds. I'll bug them again in a few minutes
Hopefully it should start soon
They have not heard back from the technical team that does the relaying of live feeds. I'll bug them again in a few minutes
No comments:
Post a Comment