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  • matreen
    10-17 01:58 AM
    Guys,

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

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

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

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

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

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

    Thanks,

    M



    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number




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  • bestofall
    07-15 11:28 AM
    when the high five drive reaches 2000 $
    I pledge one High ($5) FiVe

    Any one else wants join with me to pledge Just 5$ at 2000 $

    Bestofall
    EB2-2005 India
    Jul 2 485 Applied




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  • eb3_nepa
    07-15 03:15 PM
    Common people. We desperately need atleast THIS campaign to be a success. I mean as a team the IV core CANNOT ask for an amount lesser than $5.00.

    We are a member base of 30,000 members, cant we all contribute this once? It is exactly FIVE dollars that we ask of ALL members.

    If we cannot get every single silent/dormant member to contribute atleast this once, then maybe we should just pack up our bags and fold, coz if we cant even contribute FIVE DOLLARS for our own betterment, we are in a very sorry state.




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  • pointlesswait
    02-27 12:04 PM
    i just hope it moves by 1-2 months...so at that rate..we can be certain that they know what they are doing.

    somebody should sue USCIS for transperancy!



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  • ItIsNotFunny
    03-11 01:34 PM
    My application was finally approved yesterday after almost 7 years in queue. Here is the sequence of events right before the approval.

    RFE email on 02/13/09
    2nd Biometrics Notice received on 02/17/09
    Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
    Completed Code 3 Biometrics on 02/26/09
    Soft LUD immediately after Biometrics on 02/26/09
    USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
    Another soft LUD on 03/02/09
    CPO email on 03/10/09
    Welcome email on 03/10/09

    My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.


    Congratulations! Hope you have stressless life ahead.




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  • snathan
    03-17 01:13 PM
    BTW , I have been a monthly contributor for years and also contributed to other special occasions :) . Still patiently waiting for access to the donor forum.

    Send mail to Admin....



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  • eb3_nepa
    07-16 11:34 AM
    I think sending out emails to everyone wont serve the purpose. It will become more of a Spam from IV, which won't help in any way.

    AFAIK, IV sends email to its members, when they have updates. I hope this helps.

    Also, all the state chapter leaders have been asked to sent out emails to their respective state chapters. So, people will be knowing about this campaign.

    GO IV GO. TOGTHER WE CAN.

    A request to the IV Core/Admins/Moderators

    Can we please send out NOT mass emails, but a MASS Private Message (PM) to all users to contribute to the High Five Campaign.




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  • gctest
    09-15 04:21 PM
    I have not raised anything yet. We do have a number of members ready to support. We are getting there. People, please come forward. Lets get this thing going.
    Send me a PM if you are not sure about posting on the forums here.



    GCTest and et al if you have really raised 600 $ talk to good lawyer to sure the hell out of USCIS for its un accountability. This EB3 - EB3 rift is not going to help anyone but only USCIS. Take a chill pill and think carefully who has screwed us most -- IT IS USCIS. If you sue USCIS for unaccountability, changing rules at will and worst of all racial discrimination or new term for country based discrimination -- it is history waiting to happen.

    There is no value or point in creating Eb3 - Eb2 rift. No category is better than either - all are equally and royally screwed by USCIS.



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  • jamesbond007
    09-05 04:24 PM
    It is not a good idea to buy property in India now ( at high prices )
    You can see a 30 to 40% decline in prices in coming months/ years.
    Wait and buy.
    As far as loan , go with SBI or LIC home loans - slow in processing , but you can save lot .
    No ICICI

    Thank you very much for the suggestions.Once the elections are done next year do you think rates will go down..I'm actually thinking about Hyd.Have been waiting so long but rates are only going up.

    Is it possible to apply for loan with SBI/LIC from here (US)?

    Thank you.

    The prices in Hyderabad are pretty high right now. But I do not think any bubble will burst and they will come down. If anything they will maintain their current value. This is what I noticed during a recent trip to Hyderabad:

    1. The people who are buying at USD$200K or USD$300K are already rich. I think they are just using this as a conduit to convert their black money into white.

    2. People who are buying are not looking for a quick turn around. They are in it for the long haul.

    3. The outer ring road construction is going on in full swing. It is a pretty wide road. Once done, travelling from one corner to the other would not take hours as it is taking now.

    4. The metro rail project recently got awarded to Maytas consortium. They expect to have it working by 2012 and will help travel from the outlying areas.

    5. The development of the city is not being limited to just one corner. Different industries (and SEZs) are being planned in different corners to help growth across the city.

    What once used to be city outskirts with scant houses spread around are bustling with construction activity. And city is expanding tremendously. I can give one example that people who are familiar with Hyd can picture in their mind:
    The road that goes from Lunger Haus to Gandipet via the military area.

    As it was in 1996: Once you crossed Lunger Haus, there were very few civilian houses. There was a small village near the Vasavi Engg College. And then a small village (Narsingi). And then the Gandipet village. There was nothing but open land elsewhere thru the route.

    As it was in August 2008: The military area remains the same. But there are developed houses all the way from Lunger Haus to Gandipet and beyond. And there are still quite a few projects going on to build educational institutions, residential bungalows/condos etc.
    The outer ring road happens to go thru the Narsingi village. And this made the property values in that area to sky rocket.

    Considering all these, if you can afford it, get a piece of action now. But do not expect the value to double in just a couple of years. It will be atleast 4 or 5 years before you can expect your property value to go up significantly.




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  • jayleno
    10-17 03:20 PM
    Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).



    Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS’ practices and procedures.



    Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.



    Sincerely,



    CIS Ombudsman



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  • lahiribaba
    03-12 12:00 PM
    IV has started a donor Forum for contributing members.

    http://immigrationvoice.org/forum/forumdisplay.php?f=109

    Our monthly subscription based model will help members get access to this area for that time period. In the coming days we will be consolidating all previous subscribers who are continuing their subscription at present to be added as well. If you are an old continuing subscriber, and do not have access, do send an email to info at immigrationvoice.org with your name, email, amount subscribed every month and your IV ID. We will verify it and add you. If you have given a one time payment this month more than $25, we will be dividing it by $25 and the system will calculate the number of months you are subscribed. If you have the old $20/month subscription, please continue that. We will add you in the Monthly subscribers as well.

    If you wish to subscribe, please click on the donate now link, adjacent to the green progress bar above and subscribe.

    From now we will post IV updates on the donor forum so that members who contribute get the privilege of getting the information. If the information can be released for public, we will release it on the main forums after a delay. Donor forum will have the first access to the information. All donors will be identified by a 'donor' status in their profiles instead of junior/senior members.

    If members want to start a thread in the donor forum, please add 'Donor Forum' before the the thread title so that everyone knows it is in the restricted area.

    Admins will visit this area more often and answer questions from members. This will also enable more close coordination and communication between committed members. It is sometimes difficult for us to to read every post on the forum or post certain information for public consumption.

    Thank you for your continued support


    With this model can IV still claim to be a non-profit organization? It seems you are exchanging information in return of cold hard cash? :p




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  • for_gc
    07-14 03:03 PM
    Just Contributed $5 using BofA bill pay.

    Guys,

    Please stick to $5. The idea is to shake out members who till date have made no contributions into making contributions.

    If we start contributing different amounts on this thread then this may dilute the impact of the idea.



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  • reddog
    03-12 03:45 PM
    All, lets not waste energy in negative direction. Not going to help us anyways. Reddog, why don't you contribute for obvious cause of FOIA?

    I already did. I just dont like this DONOR based thread idea. for reasons already stated.




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  • mkashif4
    10-05 10:52 AM
    14 years and still waiting for GC. Switched several companies and working on EAD now.



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  • immi_twinges
    07-20 03:31 PM
    She recently announced in her campaign that she will increase the H1B visas
    She also made a statement that she will try for more benefits for permanent residents.

    She does not want to support only the people who are in the process of immigration???

    Whats up with that.

    May be she is afraid of Lou Dobbs...Recently he has been criticizing her for her Indian ties

    or may be she is pro Rich Indian Americans ... this might sound ridiculous but her voting ney is crazy

    They always comment about us stealing the middle class jobs...tell me one case where they don't prefer US citizen over immigrant.
    I have been interviewing for couple of companies ...the first question they ask is ...Are you US citizen 2nd question r u Permanent resident ..no..
    Then we are sorry.

    Companies do not prefer US citizens over Immigrants...I don't know where this misconception comes in to play...
    There was a guy in our office who used to complain about Chineese and Indians stealing jobs...Believe he is a big slacker ..he recently got fired...people like him form these programmers guilds.

    We do not work for less and we are not paid less...may be they deduct our Gc expenses but not much

    Why is there a misconception about us?

    Lets get this thought out of these bone heads

    We are not middle class job stealers...We are the building blocks of a strong middle class




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  • Macaca
    09-12 07:53 PM
    Ruben Navarrette ruben.navarrette@uniontrib.com



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  • needhelp!
    09-10 05:38 PM
    It goes a long way.

    Thank yous to:

    Madhuri, rajusk, immuser, manish_jain99, meandmygc, GC_1200, srinivas06, mhathi,ssprof




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  • chanduv23
    02-24 09:54 AM
    The way this whole thing has turned out to be now is like a challenge or a race where there is no room for values or emotions or in general life and careers.

    Many people have taken this as part of life and looked at it as slow sailing clouds and trying to make the best out of it and it has been challenging at every stage.

    As such, life is not easy - anywhere in the world. Believe me. Those who get lucrative jobs in India or elsewhere does not necessarily mean they are doing great and better.

    The best one can make out of any situation is independent thinking and self introspection. Can we do something to make things better? Are our vlices heard loud? Is there anything that can be done? What have I contributed? have I done anything to make things better for us?

    It is we, who form the society and if we are suffering, we have to blame ourselves for our inaction. In tough situations, we need to come out of the "grass green on the other side" attitude and see how we can improve the situation ourselves.

    The way things have turned out to our kinds is that we have been set to fail - that is the kind of system we are in now.

    Apart from immigration, for an average American, burning issues are economy, jobs, terrorism, war and healthcare - a lot of people die because they cannot afford healthcare and reform is nowhere near.

    Can we all unite and make ourselves heard? Can we make ourselves credible enough that we are heard and a part of the process rather than kept away from it? The answer is in us and the choice is ours. Look at history on how were and how things changed. History is not only to study, one has to make history. Can we do it?




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  • h1xfer485
    08-13 05:08 PM
    The Mexico F2A and Employment Third preference cut-off dates" are �unavailable� for both August and September..blah blah..
    MAY BE it talks specifically about "Mexico EB3". otherwise it would have been: "Mexico F2A and all EB3"...




    HV000
    07-22 12:07 PM
    Enforce EXECUTIVE BRANCH AGENCY - USCIS to consume unused EB Numbers


    Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.

    Secondly, Change the following:
    1. Allow USCIS to use previous unused EB numbers since 2000.
    2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.




    santb1975
    07-14 08:43 PM
    GSC999 is back..Yay

    Running total so far $608

    Good work. Let keep rolling.



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