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  • GCwaitforever
    05-02 10:10 AM
    Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?

    Absulutely agree. Also $144,000 in some areas translate to $90,000 in some other areas depending on cost of living, taxation etc... Not all spouses work. So for them, every bit of Government stimulus is needed.




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  • gova123
    08-02 05:41 PM
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  • Milind123
    09-13 03:25 PM
    Order Details - Sep 13, 2007 12:40 PM GMT-07:00
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  • NolaIndian32
    07-11 10:37 AM
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  • makemygc
    10-25 11:59 PM
    I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.

    Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.

    I would suggest OP to add the copy of yates memo and the follow up memo to the posting.

    Thanks
    MakeMyGC

    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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  • diptam
    10-08 02:58 PM
    mayitbesoon,
    Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.

    I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it

    Mr. XXXXXXXXXXXXXXX:

    Thank you for your inquiry.

    We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.

    Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.

    If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.

    Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:

    Via Regular Mail:
    Citizenship and Immigration Services Ombudsman Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Via Courier Service:
    Citizenship and Immigration Services Ombudsman Department of Homeland Security
    Attention: Case Problems
    245 Murray Lane
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.

    Thank you for again for your inquiry.

    Sincerely,
    CIS Ombudsman

    Diptam,
    Thanks for the updates.
    My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?



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  • Administrator2
    03-12 06:26 PM
    All,

    Please understand few basic facts.


    Much of the work that we do is not on the website but behind the scene.
    We need resources to carry the message to the lawmakers.
    Resources are contributed by the members.
    All members do not contribute, and then there are those who contribute.
    We have created a specific area on the website where more serious members who are willing to open their wallets, could actively participate, and that will enable us to enlist more active members for the work that we do behind the scene.
    Its just one way for us to recruit serious members to help us with more active work and at the same time help to continue with the organizational goals.
    From time to time, we will also seek advice from the contributing members. And when we need more help, we will reach out to everybody on the website.
    Rest of the area on the forum will continue to be the way that it is right now and every member will continue to access it the way you access it right now.
    We are soon going to introduce new and more helpful features for everyone.


    Which part of this is not fair? Why can't we all get along? Why do we have to argue and fight over everything?

    Please, its not helping this way.




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  • FaniMiBanana
    07-24 10:45 PM
    If somebody is sending this letter, please do not send it without taking care of word-suggested corrections. There are too many green lines, most of the times because of spacing between two words.

    OP - My intention is not to offend you but to point out the need for improvement in the document.

    Don't worry! EB-3 is supposed to be low-skilled so nobody is going to frown at grammatical or typographical errors. :)

    (For those who lost their sense of humor, this is a joke. I'm EB-3 too.)



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  • yabadaba
    07-11 09:19 AM
    My online status shows
    "On August 17, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS..........................."
    My recepit date was however July 2nd 2007. Are they processing my application or they go by received date of 8/17?
    can someone explain how this works?
    no one knows..if u call up the cust service ppl.. they will say we received it on aug 17th..so thats the RD..we know better...but doesnt get us anywhere




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  • akhilmahajan
    10-25 11:15 PM
    Same with me. I hope people understand that this is a serious issue.

    GO I/WE GO



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  • sledge_hammer
    04-17 02:20 PM
    H4+ I-485 pending still is a valid status. Now what rules they have regarding approving the loan to someone who is not working (because of H4 status) is something I am unaware of and not immigration related, I guess.

    But if you are going to send them a copy of your I-485 application, that should mean SOMETHING in their eyes.

    Do let us know how it goes. It will also be helpful to others in your situation. Good luck!

    Thank you Mr. Hammer.

    My question was about H4 + 485 pending? Then what is the status? I have earlier given EAD, but they did not accept that. I am submitting 485 receipt with A#. Let me see how it goes.




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  • kinvin
    02-12 11:48 AM
    Fellow Sufferers,;)

    For NON-RIR applicants, is the backlog center requiring the old advertisement process after the 45 day letter.

    We had received the 45 day letter six months ago and there has been no communication from them since that time. (Seperate application PD May-03)

    (Fellow travellers am I seeing an Oasis or is it a mirage.)

    Thanks.



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  • pbojja
    09-11 04:10 PM
    I m in ...They really dont know what they are doing ...How hard is it to find pending applications in thier database ?

    Move to 2006 and approve 2006 cases and move it back to 2003 ...wow they really need help




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  • kanaihya
    09-13 11:59 AM
    Just now contibuted USD 100.00..sorry could not contribute a big amount..under a huge debt now...may be in future..

    PayPal Confirmation Number: 06B71369TE645612G

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  • H1Girl
    09-10 02:08 PM
    The discrepancy is due to the fact that you are looking at visa bulletin from 2 different month. The bulletin on State department's website is for September and the one on Mumbai consulate's website is supposed to be for October.

    or, he/she should have compared them yester day as they were same as of 09/10




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  • a_paradkar
    07-14 01:39 PM
    Done.



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  • dodsatya
    07-15 01:14 PM
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  • ita
    08-26 02:46 PM
    I have home loan with Standard Chartered. Got the variable interest loan from them in 2004. One thing I liked is I did not have to goto India for the loan processing!

    My brother sent related documents here in US and I signed, got few of those notarised and sent them back. It took about a month for the complete process.

    They do charge about Rs. 350 for prepayment though. Otherwise overall I am happy with the service they provided.

    I just called the Standard Chartered bank's NY office. The operator told me they don't have anyone to answer any questions regarding home loans as they don't do it. Did you contact Indian office for all your questions or did your brother do all the research and sent you the paperwork? Appreciate your response.

    Thank you.




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  • mps
    03-04 01:22 PM
    Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows

    "On Oct 1st 2007 we received....blah blah blah...."

    -GCisaDawg


    Hi gcisa*:

    I have not seen any LUDs on my case either.
    Status is same as yours.
    That shouldn't be a big deal, as I have seen some approvals with no LUDs at all.




    saimrathi
    07-19 02:23 PM
    Why dont you tell us when we will get the GC .. since you already knew what they were going to do about the July VB.. :rolleyes:


    This is what I heared even before the flower campaigns started.

    Originally Posted by prinive
    it seems they are planning to honor the July VB and make chanes in Aug VB. So I guess they will accept the applications in July.




    vinabath
    07-20 03:46 PM
    Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.


    He is 100% right. Unless USCIS hire people, our EADs and APs will get delayed. People like me have travel plans in Jan. I do not want to go for Visa stamping. I am concerned.



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