skv
06-18 11:17 AM
I am praying what u say is right!1111
Hope and wish your prayers will be answered. After we have waited long enough to have luck on our side this time !!! :-)
Hope and wish your prayers will be answered. After we have waited long enough to have luck on our side this time !!! :-)
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jonty_11
07-06 05:34 PM
just like they made EB3 other workers number "U" in mid June...why didnt they do the same for all EB categries in July >?????
Why are they still showing CURRENT>
Why are they still showing CURRENT>
eb3_nepa
07-16 12:20 PM
$1 gas money saved from not going to subway :D :cool:
Good one!
Good one!
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indio0617
03-09 11:17 AM
Sen says: should make methods, process easy for employment authorization...
They have at least steered off the illegal immig issues for now...:)
They have at least steered off the illegal immig issues for now...:)
more...
Ramba
04-28 11:11 AM
As far as I remember, I (from California) was able to renew the license by mail. I did not have to go to DMV. So, these issues about I-797/I-94 needed for DL, are they coming up during a new DL or during renewal of license?
Howz DL procedure in CA for 485 guys? I do not have H1B any my I-94 expired long time back. I have out of state licensce that expires in 2011 only. If I want to take CA DL, will it be a easy process? For how many years they give DL for 485 guys?
Howz DL procedure in CA for 485 guys? I do not have H1B any my I-94 expired long time back. I have out of state licensce that expires in 2011 only. If I want to take CA DL, will it be a easy process? For how many years they give DL for 485 guys?
chanduv23
06-10 10:09 AM
Guys,
How about having another session of flowers campaign? Got to practice gandhigiri continuously. Should we select a date for that? I will say 23rd June'08? We need to draw media attention!!!
Phone calls "is the need of the hour" - please call the CHC members urging them to support Congresswoman Lofgren's bills.
Making phone calls is the best form of Gandhigiri at this moment
How about having another session of flowers campaign? Got to practice gandhigiri continuously. Should we select a date for that? I will say 23rd June'08? We need to draw media attention!!!
Phone calls "is the need of the hour" - please call the CHC members urging them to support Congresswoman Lofgren's bills.
Making phone calls is the best form of Gandhigiri at this moment
more...
mirage
08-04 07:11 PM
Why are you guys picking on useless arguements ???
H1b and GC are sponsered by employer and they have to pay. If employer asks employee to pay the expenses then that company is not legitimate and persons should avoid joining those companies. Most reputed companies will pay all the expenses of GC and H1b. Some will ask employees to pay for dependents EAD,AP etc.
Consulting companies ask employees to pay GC and H1b if employees want to work hourly. That means employees wanted more money and they are taking risk(Also working hourly is against the H1b regulations as they have more chance for falling out of status).
H1b and GC are sponsered by employer and they have to pay. If employer asks employee to pay the expenses then that company is not legitimate and persons should avoid joining those companies. Most reputed companies will pay all the expenses of GC and H1b. Some will ask employees to pay for dependents EAD,AP etc.
Consulting companies ask employees to pay GC and H1b if employees want to work hourly. That means employees wanted more money and they are taking risk(Also working hourly is against the H1b regulations as they have more chance for falling out of status).
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rockstart
03-09 11:41 AM
Between July & August do you think it will cross 1.5 years taking all of 2006 & half of 2007 applications? Considering VdlRao's data which is 70K applications pending for 2006 I am not sure it will work thought I am still hopeful that 2005 will pass quickly since there are few PERM applications.
more...
gc_kaavaali
07-14 03:49 PM
Bumpers...please bump this thread...this should be on top...
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desi3933
09-11 03:43 PM
Its shocking!!! They've foolishly approved many 2006 cases and dont tell me it was unpredictable and now ppl with 2003 r still waiting....how logical is this? A bunch of A** H**** working there or what?
I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
more...
jonty_11
07-06 05:37 PM
look closely..I think this fiasco is affecting the basic senses also.
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glen
09-10 10:21 AM
Contribution of $100. Google Order #246413310665091.
I will be in DC for the rally.
I will be in DC for the rally.
more...
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prem_goel
07-06 10:56 AM
I think the impetus required by IV will take time. Just 2 years ago, most of us got EADs/APs for themselves. It'll take time for the frustration to build up in those people who missed the boat. Their numbers are not many. It'll be a while before their numbers grow and they demand some kind of similar action from the US government.
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rsamudrala
07-13 01:35 PM
Simi Valley
more...
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jonty_11
07-06 05:34 PM
just like they made EB3 other workers number "U" in mid June...why didnt they do the same for all EB categries in July >?????
Why are they still showing CURRENT>
Why are they still showing CURRENT>
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bkarnik
04-26 02:09 PM
Knnmbd:
I looked up the link http://judiciary.senate.gov/schedule.cfm and it indicates something else. However, there is a remote possibility that CIR might be discussed as one of the witness is congressman james Sensenbrenner who was the sponsor of the house bill. Lets keep fingers crossed:)
I looked up the link http://judiciary.senate.gov/schedule.cfm and it indicates something else. However, there is a remote possibility that CIR might be discussed as one of the witness is congressman james Sensenbrenner who was the sponsor of the house bill. Lets keep fingers crossed:)
more...
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vdlrao
06-11 07:25 AM
anyone wants to guess as to when EB3(I) will reach 2003 Dec. I know it is long long time away but it has to reach that date some time in the future.
Dont worry good days ahead. I am presuming that at some point of time in the next two to three years all the EB categories will be cleared off with no backlogs.
Dont worry good days ahead. I am presuming that at some point of time in the next two to three years all the EB categories will be cleared off with no backlogs.
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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
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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qualified_trash
01-03 04:28 PM
Sure, I dont think there is any one correct answer for this dilemma. Most of us are going to base our decisions on our personal circumstances and hope that they turn out correct in the long run :)
you hit the nail on the head......... :-)
you hit the nail on the head......... :-)
eager_immi
07-05 01:04 PM
do u have the list of email addresses? I sent an email to all 100 senators, hopefully they will reply.
bhavinkanani
08-02 04:06 PM
I just spoke to a lady at USCIS and she told me they just started working on case receipts for July 2nd and onwards so in next couple of weeks most of you who filed in first week of july should see their receipts..this is what she told me and she sounded very authentic..
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