Blessing&Lifeisbeautiful
10-23 12:34 AM
They are proposing to recapture 61,000 unused visa for Schedule A. Keep praying everyone!
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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
NKR
01-05 11:28 PM
Ok then, why did you come to America to study at Duke? Why did you spend all this money? The reason our people invest crores of rupees in American education is that it is better.
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
Yes, it is fair, this fairness has come after many centuries of oppression, in fact this fairness was long overdue.
Now if we want to disagree with each other we can do it by sending private messages instead of indulging in mudslinging and degrading India even more.
�I can tell you for a fact that Universities in America are much better than those in India. This is why I came here �.� Now whom are you trying to fool?.. You came here because with your IQ you could not get into top universities in India. �I went to an average university here which I could afford� .You are telling us that you could not afford education in India but you could here?...
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
Yes, it is fair, this fairness has come after many centuries of oppression, in fact this fairness was long overdue.
Now if we want to disagree with each other we can do it by sending private messages instead of indulging in mudslinging and degrading India even more.
�I can tell you for a fact that Universities in America are much better than those in India. This is why I came here �.� Now whom are you trying to fool?.. You came here because with your IQ you could not get into top universities in India. �I went to an average university here which I could afford� .You are telling us that you could not afford education in India but you could here?...
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eagerr2i
07-15 10:21 PM
Dear So Cal members.
nice to see good activity on the forum. Please hold on from holding any rally until you hear from IV core. We have some good synergy amongst or members in So Cal, lets plan a meeting in the coming weeks and decide on an action plan. I would encourage you to start thinking about ideas/specific actions we can take. I have a few ideas and would share it on our so cal email distribution list. Who can take the initiative to organize this meeting? Twinbrothers? any one else? Pls P.M me.
nice to see good activity on the forum. Please hold on from holding any rally until you hear from IV core. We have some good synergy amongst or members in So Cal, lets plan a meeting in the coming weeks and decide on an action plan. I would encourage you to start thinking about ideas/specific actions we can take. I have a few ideas and would share it on our so cal email distribution list. Who can take the initiative to organize this meeting? Twinbrothers? any one else? Pls P.M me.
more...
amitjoey
04-29 03:39 PM
We will start calling. Thanks. We should leave no stone unturned. No doubts. Just do it!!
baleraosreedhar
12-18 03:59 PM
Hi
I am sreedhar, I am in redlands ,inland Empire.
Currently waiting for my PD to be current to apply for GC.
My Details are
PD Oct 2004 EB3
I 140 Approved.
looking forward for future conference calls.
Thanks
I am sreedhar, I am in redlands ,inland Empire.
Currently waiting for my PD to be current to apply for GC.
My Details are
PD Oct 2004 EB3
I 140 Approved.
looking forward for future conference calls.
Thanks
more...
shiankuraaf
07-14 09:58 PM
Just sent $50 to be received on 07/21/2008. Conf # 7YC45-CWJKT
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santb1975
05-27 11:49 PM
not good
more...
mchundi
03-10 12:17 PM
I'm not sure if the IV members were aware of this or not.
The following is from http://www.immigration-law.com/ which in turn is quoting AILA.
"However, the report indicates that the Judiciary Committee is working on a tight schedule as the Senate Majority leader Bill Frist reportedly threatened that unless the Committee completes the Comprehensive Immigration Reform bill by March 27, 2006, he would bypass the Senate Judiciary Committee and attempt to have his own Comprehensive Immigration Reform bill totally focusing on the border security and enforcement issues only passed by the full Senate. It is thus critically important that the Judiciary Committee passes the bill in one form or another by March 27, 2006. Please stay tuned to this website for the breath-taking development. "
The tragedy is liberals who want automatic path to citizenship for the illegal aliens may derail the whole process to embarass the moderates who want quest worker program if they feel their point of view has no takers.
--MC
The following is from http://www.immigration-law.com/ which in turn is quoting AILA.
"However, the report indicates that the Judiciary Committee is working on a tight schedule as the Senate Majority leader Bill Frist reportedly threatened that unless the Committee completes the Comprehensive Immigration Reform bill by March 27, 2006, he would bypass the Senate Judiciary Committee and attempt to have his own Comprehensive Immigration Reform bill totally focusing on the border security and enforcement issues only passed by the full Senate. It is thus critically important that the Judiciary Committee passes the bill in one form or another by March 27, 2006. Please stay tuned to this website for the breath-taking development. "
The tragedy is liberals who want automatic path to citizenship for the illegal aliens may derail the whole process to embarass the moderates who want quest worker program if they feel their point of view has no takers.
--MC
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offohh
08-02 05:27 PM
Paisa read the Jan 2007 VB archive. hopefully you will understand what i am talking about.
more...
sri1309
08-14 02:08 PM
H1 Tech Slave
You also want to add How many on H1 who are ready to buy a house but unable to, not sure of the status. You can count me in.
Sri.
You also want to add How many on H1 who are ready to buy a house but unable to, not sure of the status. You can count me in.
Sri.
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Michael chertoff
09-04 08:29 AM
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
-
Dear Pappu, what do you think about next bulletin? any internal information? there will a forward movement or reterogression?
Thanks
MC
-
Dear Pappu, what do you think about next bulletin? any internal information? there will a forward movement or reterogression?
Thanks
MC
more...
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gbof
02-23 12:58 PM
people,
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
A Lot goes on in the last 2-qtrs, especially in last qtr(july-sept). I won't be surprised if he is right. There are many loop-holes they may want to plug before CIR or any immigration reform takes shape.
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
A Lot goes on in the last 2-qtrs, especially in last qtr(july-sept). I won't be surprised if he is right. There are many loop-holes they may want to plug before CIR or any immigration reform takes shape.
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Lasantha
06-08 06:36 PM
My PD is Dec 2002. Still waiting for the 45 day letter.
Dallas Backlog Center
This is strange because my LC with PD of March 2005 was approved in September last year by Dallas. So they don't really do this FIFO basis.
I am sorry to hear that you had to wait so long.
Dallas Backlog Center
This is strange because my LC with PD of March 2005 was approved in September last year by Dallas. So they don't really do this FIFO basis.
I am sorry to hear that you had to wait so long.
more...
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Lacris
07-18 12:07 AM
http://www.imminfo.com/resources/cissop.html
Very enlightning. I understand now why case get lost.:D
Very enlightning. I understand now why case get lost.:D
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newbee7
07-05 11:29 PM
Dugg! and posted a comment...
Please also digg comments.
Please also digg comments.
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shi120
12-27 03:35 PM
I am in the same boat, was planning to leave for India on 12/25 had to cancel tickets. My spouse is on an F1 and hence cannot re-enter without AP. Tried to expedite by contacting CSC, senator, congress rep. Know that it has been approved, but is waiting for production which could take 2-4 weeks. Applied on 08/03, notice date 09/13, supposedly approved on 12/12 awaiting production. This has been really frustrating. If you are on a valid H or L visa you can come back on it without any issue.
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irock
09-11 05:12 PM
I'm in.
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kchakrav
09-28 08:25 AM
Came to the US in 1998 Feb.
Applied for GC under EB-3 category in Jan-2001.
Still waiting. Next month my date will be current. Keeping fingers crossed.
Applied for GC under EB-3 category in Jan-2001.
Still waiting. Next month my date will be current. Keeping fingers crossed.
akhilmahajan
09-13 08:21 PM
Here you go Buddy
Order Details - Sep 13, 2007 8:43 PM EDT
Google Order #745174720427596
As i always say.
GO IV GO
Order Details - Sep 13, 2007 8:43 PM EDT
Google Order #745174720427596
As i always say.
GO IV GO
anilsal
07-28 11:03 PM
There are many folks who have their GC process going on since 2001, 2002 etc. This BEC thing was a bane for many people and many of them squeezed past it and got approvals (2004 EB3 etc).
So nothing is fair in the immigration process. Suck the frustration and start involving yourself in IV activities. Start by becoming a contributing member (and updating your signature with it). If you do not have the courage to do it, then do not start new threads.
So nothing is fair in the immigration process. Suck the frustration and start involving yourself in IV activities. Start by becoming a contributing member (and updating your signature with it). If you do not have the courage to do it, then do not start new threads.
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