singhsa3
09-11 05:18 PM
What about the issues like not following RD or PD?
What about being rude on the call?
What about the wild fluctuation in the bulletein?
Should we let these thing to continue?
What we are expecting after this calc. camp ? I dont think so they will revise bulletin nor they will give single extra visa above 140k. I think we should focus on HR 5882 .. We should send something to lawmakers.
Just a thought.
What about being rude on the call?
What about the wild fluctuation in the bulletein?
Should we let these thing to continue?
What we are expecting after this calc. camp ? I dont think so they will revise bulletin nor they will give single extra visa above 140k. I think we should focus on HR 5882 .. We should send something to lawmakers.
Just a thought.
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ajju
08-13 09:01 PM
What they are calling HEAVY DEMAND from EB-3 when it has been unavailable for the last two months and before that it was stuck in 2001. There are a whole lot of visas going to EB-2 people who filed in 2006 just two years back . If a person who filed in 2001 can't get his GC
I think they are talking about EB3 Mexico... Doesn't make any sense for EB3-India as it has already been unavailable.. so what does heavy load signifies... I am positive EB3-I will open up... may be more retrogressed than last availability.. but it will be available on Oct 1...
I think they are talking about EB3 Mexico... Doesn't make any sense for EB3-India as it has already been unavailable.. so what does heavy load signifies... I am positive EB3-I will open up... may be more retrogressed than last availability.. but it will be available on Oct 1...
Humhongekamyab
05-19 05:37 PM
I guess you are now happier than before. You are close to getting your issue resolved.
No one knows why people who are eligible for AC21 portability are going through this.
When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.
Many people have said that this is a training issue. maybe it is. We don't know
Maybe $585 for the MTR.
No one knows why people who are eligible for AC21 portability are going through this.
When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.
Many people have said that this is a training issue. maybe it is. We don't know
Maybe $585 for the MTR.
2011 Tags: 2011 bmw m5, 2012 BMW,
priti8888
06-24 04:13 PM
Think about this
Only EB India /China /mexico/Philipines(ICMP) suffers the most for their GC's
EB ROW do not worry about GC process as much as ICMP. Their wait is not more then 2-3 years.
Its wrong to generalize that since ICMP's suffer , all other EB's suffer.
Its totally baseless to generalize that since ICMP's dont invest , go back to home countries due to GC , everybody does.
US does not gain from intelligent Indians only. There are PhD's and smart ppl from other countries as well.
Only EB India /China /mexico/Philipines(ICMP) suffers the most for their GC's
EB ROW do not worry about GC process as much as ICMP. Their wait is not more then 2-3 years.
Its wrong to generalize that since ICMP's suffer , all other EB's suffer.
Its totally baseless to generalize that since ICMP's dont invest , go back to home countries due to GC , everybody does.
US does not gain from intelligent Indians only. There are PhD's and smart ppl from other countries as well.
more...
virtual55
07-11 11:35 AM
In VA can we extend Driving License with receipt notice of h1 extension .
JDV
07-19 02:29 PM
Hi Folks,
I just contributeD $100. I am very glad to be part of IV. Keep up the good work!!
Regards,
I just contributeD $100. I am very glad to be part of IV. Keep up the good work!!
Regards,
more...
gk_2000
08-23 10:31 AM
They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO
Envy, jealousy, and crab mentality will be our nemesis. If you think it's easy to get into eb1 then why waste your time? At least this category gives some incentive to progress in life. Why rock this boat?
Envy, jealousy, and crab mentality will be our nemesis. If you think it's easy to get into eb1 then why waste your time? At least this category gives some incentive to progress in life. Why rock this boat?
2010 new Bmw+m5+2011+price
cygent
07-15 04:49 PM
Thanks for the effort Guys!
I am contributing $5 for each year I have been in the US of A. $5 for ever year since I first landed in 1997.
$50 through Paypal coming your way. (Unique Transaction ID #5YT644475Y3428116)
I am contributing $5 for each year I have been in the US of A. $5 for ever year since I first landed in 1997.
$50 through Paypal coming your way. (Unique Transaction ID #5YT644475Y3428116)
more...
bestin
08-23 05:23 PM
This is what i understand
1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
2.Exceptional Ability- Assume a guy who has a diploma or a 3 year degree with some certifications.In a normal scenerio he would apply for EB3.But this opens up the scope for him to apply in EB2 also provided he satisfies a 10 year experience and any other stuff from the criteria below...
Criteria
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.
1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
2.Exceptional Ability- Assume a guy who has a diploma or a 3 year degree with some certifications.In a normal scenerio he would apply for EB3.But this opens up the scope for him to apply in EB2 also provided he satisfies a 10 year experience and any other stuff from the criteria below...
Criteria
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.
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seahawks
09-10 12:19 AM
and i am NOT the real Lou Dobbs. But in all seriousness guy, I think we really have to wake up. We are illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
Please edit your post to show "Legal" if you are one and this was a typo!
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
Please edit your post to show "Legal" if you are one and this was a typo!
more...
gccube
07-19 02:29 AM
I personally believe that PD is more significant than the RD but it makes sense to me that RD may take precedence if the PD is current (as suggested by some members of the forum).
But if we think that at all times RD is the order they process them what would happen in this scenario
1. A guy with 2001 PD filed later and was 750,000 th guy in the queue of AOS applications.
2. After accepting all the apps USCIS retrogressed the dates to 2002 Jan. That means that USCIS is asking for AOS apps which satisfy this PD. That means that a visa no is available as of that date for adjudication so the first new application received(after they are retrogressed) will be 750,001 th application.
3. If RD is the only processing order at all times then 750,001th application will not be sent to an officer for review until all other 750,000 th applications with a better RD are processed.
4. Assuming that this takes 3 years (for example) then they are accepting an application today which they are not going to even look at in the next three years and this is not making sense to me.
5. If they are accepting the 750,001 th application because that application qualifies for a visa no then that should be processed before the other applications(barring for special cases FBi name check issues, RFEs etc). This means PD comes into picture when there is retrogression. So then they have to apply the same rule for the I-485 applications which are pending with them. They some how have to order them on the PD and I assume this should not be rocket science for them as that data is part of our AOS applications.
Thanks everyone for your inputs.
But if we think that at all times RD is the order they process them what would happen in this scenario
1. A guy with 2001 PD filed later and was 750,000 th guy in the queue of AOS applications.
2. After accepting all the apps USCIS retrogressed the dates to 2002 Jan. That means that USCIS is asking for AOS apps which satisfy this PD. That means that a visa no is available as of that date for adjudication so the first new application received(after they are retrogressed) will be 750,001 th application.
3. If RD is the only processing order at all times then 750,001th application will not be sent to an officer for review until all other 750,000 th applications with a better RD are processed.
4. Assuming that this takes 3 years (for example) then they are accepting an application today which they are not going to even look at in the next three years and this is not making sense to me.
5. If they are accepting the 750,001 th application because that application qualifies for a visa no then that should be processed before the other applications(barring for special cases FBi name check issues, RFEs etc). This means PD comes into picture when there is retrogression. So then they have to apply the same rule for the I-485 applications which are pending with them. They some how have to order them on the PD and I assume this should not be rocket science for them as that data is part of our AOS applications.
Thanks everyone for your inputs.
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nirenjoshi
03-09 06:03 PM
Added info about April VB to past VBs table.
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
The way dates are moved doesn't seem to have any fact based intelligent logic.
Thanks.. I was about to create a table myself based on the archived bulletins..
However, there isnt much to infer - as you say there doesnt seem to be any logic in the movement of dates. The lack of transparency is quite frustrating.:mad:
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
The way dates are moved doesn't seem to have any fact based intelligent logic.
Thanks.. I was about to create a table myself based on the archived bulletins..
However, there isnt much to infer - as you say there doesnt seem to be any logic in the movement of dates. The lack of transparency is quite frustrating.:mad:
more...
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java_jaggu
06-04 01:15 PM
http://www.ilw.com/articles/2007,0604-lee.shtm
Based on this article, it looks like even those 140's and 485's filed after the cut-off date will be fine as long as the GC is approved before Oct 1, 2008, so folks will have some breathing time and flexibility to plan their next move, if the bill passes in the current form.
Based on this article, it looks like even those 140's and 485's filed after the cut-off date will be fine as long as the GC is approved before Oct 1, 2008, so folks will have some breathing time and flexibility to plan their next move, if the bill passes in the current form.
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ilikekilo
07-24 11:47 AM
my own guess..with all these random approvals and stuff happening i am guessing that the PD for eb3 india would be in late 2003 (dec 2003) or early 2004 like jan/feb 2004...
more...
pictures ns Bmw+m5+2011+interior
sufferer
02-07 10:06 AM
Hi,
I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.
Here is my story:
I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.
I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?
Thank you very much for taking time to read this.
I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.
Here is my story:
I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.
I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?
Thank you very much for taking time to read this.
dresses Tags: 2011 bmw m5, 2012 BMW,
glamzon
07-20 02:54 PM
^^^^^^^ is this true?
more...
makeup Tags: 2012 BMW Concept M5,
beppenyc
03-08 02:10 PM
He has asked the absent senators via staffers that if they do not want to come to hearings, they can leave this committee and let others take their place. Apparently they need atleast one democrat to proceed.
He is waiting for atleast one more senator to turn up before 3.15 pm else hearing will be adjourned
Senator Cornyn is offering a new amendment now (#6107 ) illegal aliens convicted in felony cannot file for petition for spouse...again this is not related to us
:mad:
He is waiting for atleast one more senator to turn up before 3.15 pm else hearing will be adjourned
Senator Cornyn is offering a new amendment now (#6107 ) illegal aliens convicted in felony cannot file for petition for spouse...again this is not related to us
:mad:
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ohmasala1
06-10 12:46 PM
USCIS to Issue Two-Year EAD for I-485 Waiters at End of June 2008
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
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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
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,
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gc_kaavaali
07-14 11:06 PM
come on guys!!!! contributed atleast $5
GCAmigo
02-23 07:18 PM
What is LUD
Lost Until Death!
~GCA
Lost Until Death!
~GCA
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