kartikiran
08-23 08:34 AM
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!!
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
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!!
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
miley cyrus selena gomez y demi lovato. lovato and miley cyrus.
sathishav
05-06 10:48 AM
I am in a similar boat I got by second 140(EB2) approved this week. How do I know if my date is ported? Acutually I dont care about porting date I just want to find out if my new approved 140 is now referrencing my 485(filed under EB3) filed in July 2007.
Thanks in advance for help.
Did you check the New I140 approval notice? The priority date on the latest I140 will have your Old PD. I believe its also advised you file an interfiling request.
Thanks in advance for help.
Did you check the New I140 approval notice? The priority date on the latest I140 will have your Old PD. I believe its also advised you file an interfiling request.
miley cyrus selena gomez y demi lovato. demi lovato and selena gomez
maine_gc
07-19 10:29 AM
Do you know Aman spent $64000+ in the past 18 months for IV?
Please read this thread before you make a decision on your donation. We need to step up and contribute.
http://immigrationvoice.org/forum/showthread.php?t=10633
Thanks Aman and the core team for your efforts.
Can any one know how to edit subscription amount in paypal. I signed up for a $50 recurring contribution last week. After reading above mentioned thread i want to change my subscription amount to $100
Please read this thread before you make a decision on your donation. We need to step up and contribute.
http://immigrationvoice.org/forum/showthread.php?t=10633
Thanks Aman and the core team for your efforts.
Can any one know how to edit subscription amount in paypal. I signed up for a $50 recurring contribution last week. After reading above mentioned thread i want to change my subscription amount to $100
miley cyrus selena gomez y demi lovato. selena gomez demi lovato and
Green.Tech
06-20 11:20 PM
Wake up people...
more...
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diptam
08-07 02:35 PM
Now anyone can put their name in the check and encash it. If the USCIS agent is kind enough he/she would put DHS and then send for encashing...
Didn't your friend go through a Lawyer ?
one of my friends 485 check is signed and mentioned correct amount($395) but he is not written anything where he has suppossed to write department of home land security.
what are the chaces of his 485 get accepted.?
Didn't your friend go through a Lawyer ?
one of my friends 485 check is signed and mentioned correct amount($395) but he is not written anything where he has suppossed to write department of home land security.
what are the chaces of his 485 get accepted.?
miley cyrus selena gomez y demi lovato. miley cyrus demi lovato selena
pakrish
07-15 03:29 PM
sent $10 using BOA bill pay keep up the great work
more...
miley cyrus selena gomez y demi lovato. Selena Gomez, Miley Cyrus
AllVNeedGcPc
10-21 09:32 PM
... for example:
Step 1: File EB2 Perm labor (6-10 months)
Step 2: File 140 (2 days to 4 months)
:
And when should you interfile / port your EB3 date? Should you do it when you apply for 140 or should you do it after 140 approval when you apply for 485?
Thanks in advance
Step 1: File EB2 Perm labor (6-10 months)
Step 2: File 140 (2 days to 4 months)
:
And when should you interfile / port your EB3 date? Should you do it when you apply for 140 or should you do it after 140 approval when you apply for 485?
Thanks in advance
miley cyrus selena gomez y demi lovato. demi lovato miley cyrus y
chanduv23
09-12 11:20 AM
Chandrakanth,
I agree with you 100% but it is a separate issue and must be done. What USCIS suggested to DOS that has resulted in visa bulletin is unacceaptle.
They practically said to DOS, Big Brother, "I don't know" .
How can they not know how many people are standing in line. When you and I take infopass, they can tell your category and priority date and whether you name check is passed or not. How come they are having difficulties in collecting the data.
Well - what I say is - there is an issue and we have to fix it. But do you think such a tangential effort work?
It is also known/unknown that USCIS simply does not have a system in place to locate files with old PDs - constant changes to system may have resulted in poor record keeping. I do agree that this issue has to be brought to limelight.
I personally feel that any effort must be effective and not a half hearted effort - what I am trying to say is opening a thread and running 10 pages of messages and doing nothing? Does that work for us? Can that be effective?
I agree with you 100% but it is a separate issue and must be done. What USCIS suggested to DOS that has resulted in visa bulletin is unacceaptle.
They practically said to DOS, Big Brother, "I don't know" .
How can they not know how many people are standing in line. When you and I take infopass, they can tell your category and priority date and whether you name check is passed or not. How come they are having difficulties in collecting the data.
Well - what I say is - there is an issue and we have to fix it. But do you think such a tangential effort work?
It is also known/unknown that USCIS simply does not have a system in place to locate files with old PDs - constant changes to system may have resulted in poor record keeping. I do agree that this issue has to be brought to limelight.
I personally feel that any effort must be effective and not a half hearted effort - what I am trying to say is opening a thread and running 10 pages of messages and doing nothing? Does that work for us? Can that be effective?
more...
miley cyrus selena gomez y demi lovato. Mix cyrus, demi searches
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
------------------------------------------
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
miley cyrus selena gomez y demi lovato. jonas brothers ,demilovato,selena gomez y miley cyrus -sent it on.wmv jonas brothers ,demilovato,selena gomez y miley cyrus -sent it on.wmv jonas brothers
Kodi
09-17 01:11 PM
My employer emailed them but no reply yet. My H1 is expiring Dec 1, 2007. I guess I better apply for H4 thru spouse.
more...
miley cyrus selena gomez y demi lovato. miley cyrus and selena gomez
ahaadi
03-04 05:03 PM
Don't know what it means :) but my priority date is Aug 2006.
Thanks.
Any one else with recent RFEs/LUDs on their I-485 ? Pl post.
Thanks.
Any one else with recent RFEs/LUDs on their I-485 ? Pl post.
miley cyrus selena gomez y demi lovato. and demi lovato and miley
thomachan72
12-12 08:47 AM
Bank Of America denied my car loan. They want only US citizens or GC holders. I have EAD and apparently its not good at all for anything. I can't even get my drivers license. The DMV is waiting for a response from DHS, until then I have to find other means to go to work.
The other day at walmart, I paid my groceries, as usual with the credit card, so the walmart person wanted to see my ID. I showed her my EAD, she said she cannot accept that...she wants to see my Drivers License..I said it is expired and the only legal document with a photo ID is my EAD which is issued by the federal Gov...she was not convinces but said, "aahhh!!! thats okay, I trust you." and let me go...till the end she was not convinced in her mind.
You will get your GC in 2011.
Which state are you in? Try other means of financing for the car. Sometimes the dealers themselves have options but might be a % or two higher.
There was a previous post regarding admisibility of EAD as one of the documents for DL. You might want to search for that post. I asume you dont have an H1b, right?
The other day at walmart, I paid my groceries, as usual with the credit card, so the walmart person wanted to see my ID. I showed her my EAD, she said she cannot accept that...she wants to see my Drivers License..I said it is expired and the only legal document with a photo ID is my EAD which is issued by the federal Gov...she was not convinces but said, "aahhh!!! thats okay, I trust you." and let me go...till the end she was not convinced in her mind.
You will get your GC in 2011.
Which state are you in? Try other means of financing for the car. Sometimes the dealers themselves have options but might be a % or two higher.
There was a previous post regarding admisibility of EAD as one of the documents for DL. You might want to search for that post. I asume you dont have an H1b, right?
more...
miley cyrus selena gomez y demi lovato. miley cyrus selena gomez y
eb3_nepa
07-14 01:29 PM
Do you know how to pay online from my bank account? I checked the contributions page, but it discusses about paying through Paypal (and for $100+).
Simply send the check of $5 to Immigration Voice at the address listed in the first post as if you were paying a utility bill. That way your bank will send IV a check of $5.00 (or whatever amount you want it to) and IV gets the WHOLE $5 and no fees are deducted.
Simply send the check of $5 to Immigration Voice at the address listed in the first post as if you were paying a utility bill. That way your bank will send IV a check of $5.00 (or whatever amount you want it to) and IV gets the WHOLE $5 and no fees are deducted.
miley cyrus selena gomez y demi lovato. miley cyrus selena gomez y
a2006
07-05 03:21 PM
It is always an option for any one with in their org, but if his point is wrong, then IV core leadership should prove him that they are not sitting idle or moving very very slow.
Every one starting their own organization or asking to do so doesn't solve the purpose.
Why cant he start an initiative and take it to completion and show everybody that he can do something. IV is for everybody just complaining wouldn't take us far. :confused:
Every one starting their own organization or asking to do so doesn't solve the purpose.
Why cant he start an initiative and take it to completion and show everybody that he can do something. IV is for everybody just complaining wouldn't take us far. :confused:
more...
miley cyrus selena gomez y demi lovato. selena gomez taylor swift demi
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
miley cyrus selena gomez y demi lovato. Miley Cyrus, Selena Gomez
qualified_trash
01-03 03:56 PM
for some it is money, for others it is about taking care of parents etc.
for me it is all about where I would like to live, grow and bring up my child. to me the answer is very clear. while this country is not perfect, no country on this planet is. if a human makes an objective list based on quantifiable pros and cons, the decision is very easy to make.
as for stuff like "I miss my parents" that is not quantifiable and should never figure in the discussion. what is the guarantee that you can return to your home country and live in the same city as you parents do? what happens if your kids don't want the grandparents to interfere in their lives? what happens if you cannot take constant interference from friends and extended family?
my reasons may come across as cold and calculating. however, it is an inhospitable world we live in and it is up to us to provide the best possible cocoon for our immediate family and that is exactly what I intend to do.
for me it is all about where I would like to live, grow and bring up my child. to me the answer is very clear. while this country is not perfect, no country on this planet is. if a human makes an objective list based on quantifiable pros and cons, the decision is very easy to make.
as for stuff like "I miss my parents" that is not quantifiable and should never figure in the discussion. what is the guarantee that you can return to your home country and live in the same city as you parents do? what happens if your kids don't want the grandparents to interfere in their lives? what happens if you cannot take constant interference from friends and extended family?
my reasons may come across as cold and calculating. however, it is an inhospitable world we live in and it is up to us to provide the best possible cocoon for our immediate family and that is exactly what I intend to do.
more...
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rockstart
07-11 08:30 AM
I agree looks like CIS is getting its act together. but with such a big jump in dates. We will see random approvals like May 2006 before July 2004 etc.
Is this big jump for EB2 due to overflow from other categories? Is this as a result of awareness around visa wastage?
Is this big jump for EB2 due to overflow from other categories? Is this as a result of awareness around visa wastage?
miley cyrus selena gomez y demi lovato. Selena Gomez y Demi Lovato
ChalapathiChitturi
12-27 03:22 PM
Thank you "softcrowd", good to know that we can re-enter using H1B when we are in AOS.
Today I received the update on uscis web site, saying that "Approval notice sent".
1. Applied on August 01 st (Vermont Service Center)
2. Receipt date Oct 2nd.
3. REF on Nov-26 for passport copies.
4. Responded to Ref on Nov-28, Sent passport copies on
5. Update in uscis web-site on 27-Dec-07 "approval notice sent"
Just in time for my travel.......
Today I received the update on uscis web site, saying that "Approval notice sent".
1. Applied on August 01 st (Vermont Service Center)
2. Receipt date Oct 2nd.
3. REF on Nov-26 for passport copies.
4. Responded to Ref on Nov-28, Sent passport copies on
5. Update in uscis web-site on 27-Dec-07 "approval notice sent"
Just in time for my travel.......
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trueguy
02-26 12:01 PM
Forget about LIFO or FIFO, this year EB2 won't be getting enough visa's from spill-over. They would be giving majority of spill-over to EB3-ROW/I/C and EB2 would be getting very small fraction. And how's that is possible for that they would play around the law ( by making EB2 current).
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
acecupid
06-11 12:59 PM
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
I agree. Since politicians have no incentives from helping our cause, it has to come to an extreme breaking point when USCIS/DOS or politicians take any action. I think we have reached that point and that will help in highlighting the mess we are in.
Just trying to be optimistic!:)
I agree. Since politicians have no incentives from helping our cause, it has to come to an extreme breaking point when USCIS/DOS or politicians take any action. I think we have reached that point and that will help in highlighting the mess we are in.
Just trying to be optimistic!:)
rajeev_74
04-25 08:32 AM
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
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