onemaveric
07-20 09:11 AM
Its a surprise that they have voted against legal immigrants with exceptional ability or advanced degree.
wallpaper Desert Eagle
gondalguru
07-24 11:19 AM
I don't think what u wrote is possible.
what is yoru priority date?
Do u have an older PD or Is it Sept 2006 EB-3 india then how can u file for I-485 in June 2007 when your PD was not current??
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
what is yoru priority date?
Do u have an older PD or Is it Sept 2006 EB-3 india then how can u file for I-485 in June 2007 when your PD was not current??
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
milind70
07-11 11:15 AM
Just did some stats on , did only for texas service center
It appears that Notice Date is immaterial. As long as your PD is current.
So, you dont need to worry, if your notice date is Oct 2007 and TX processing date still shows July 17th. They are approving the cases as long as your PD is current in PD order which makes sense.
I see a case with Nov 12 2007 ND and PD of dec 2002 is approved.
Dont expect any LUD's either, Only suprise email matters....welcome to america, card production ordered.....:D
Yes that seems to be the case , I had a friend who could have applied in June 2007 but due to some documents issue applied in Aug 2007 under the July adjusted bulletin, his notice date was very recent but he suddenly got his GC(his PD was current). But he said no LUDs or anyhting of that sort just recieved the magical email one fine day. His case was at Texas Service Center. His PD was Oct 2002 EB2.
It appears that Notice Date is immaterial. As long as your PD is current.
So, you dont need to worry, if your notice date is Oct 2007 and TX processing date still shows July 17th. They are approving the cases as long as your PD is current in PD order which makes sense.
I see a case with Nov 12 2007 ND and PD of dec 2002 is approved.
Dont expect any LUD's either, Only suprise email matters....welcome to america, card production ordered.....:D
Yes that seems to be the case , I had a friend who could have applied in June 2007 but due to some documents issue applied in Aug 2007 under the July adjusted bulletin, his notice date was very recent but he suddenly got his GC(his PD was current). But he said no LUDs or anyhting of that sort just recieved the magical email one fine day. His case was at Texas Service Center. His PD was Oct 2002 EB2.
2011 My Desert Eagle by ~ATTACK1942
anyluck?
12-10 07:27 PM
@TeddyKoochu
You are right. Good my reply getting some more replies :)
You are right. Good my reply getting some more replies :)
more...
stucklabor
08-15 01:34 PM
All,
Some persuasive articles have been written.
However, we intend to submit these as Op-Eds. In general, Op-Eds are more effective and more likely to be accepted when they are written in the first person. There is really no need to go into the various minutiae of the legal immigration system. Also, please try not to use form names like I485, or other technical terms like priority date, retrogression etc. It is probably best to use a generic term like 'backlog'. The newspaper editors - and the normal reader - are looking for how the broken system affected you, gentle writer. The very first article in this whole thread was really the best one since it was written from the first person and brought a face, a personality to paper.
My 2c.
Some persuasive articles have been written.
However, we intend to submit these as Op-Eds. In general, Op-Eds are more effective and more likely to be accepted when they are written in the first person. There is really no need to go into the various minutiae of the legal immigration system. Also, please try not to use form names like I485, or other technical terms like priority date, retrogression etc. It is probably best to use a generic term like 'backlog'. The newspaper editors - and the normal reader - are looking for how the broken system affected you, gentle writer. The very first article in this whole thread was really the best one since it was written from the first person and brought a face, a personality to paper.
My 2c.
akkakarla
07-05 05:32 PM
Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.
Well, I don't know what is happening with my I485. I took my Infopass appointment early morning 7.15 AM on July 2nd. My Priority date became current(PD-11/08/2004). I was quite happy that it became current. Our applications are with San Jose Local Office. We completed our interview on October 2005. At the time of our interview our priority date is not current and no visa number available. The IO said that whenever our PD becomes current they will approve our case and send the mail in card. We moved to San Jose and our case files are transferred from South Portland Maine to San Jose.
Long story short, we went to San Jose office and told the IO that our Priority date became current and he has the VB that has all categories current.He said that he is going to pull the files out of inventory room and send to the IO the same day and he will approve it. We are aware of the fact that VB is going to change. So not sure how to take the information given to us. Will they approve as he said? or will they take it out and wipe the dust off and put it back for dust to collect again. I am disappointed, angry, helplessness. It is just 1 hour work that is all it takes to approve and I am waiting for past 2 years. Anybody in the same boat?? What can i expect from the response. What should i infer - approve or dust collection. Anyways my company is asking me to relocate to Beijing or Mainz so I will consider seriously after consulting with my wife.
Logiclife, I had contributed before for Senator Kerry campaign in 2004 too. I don't think that is wrong is there?
Well, I don't know what is happening with my I485. I took my Infopass appointment early morning 7.15 AM on July 2nd. My Priority date became current(PD-11/08/2004). I was quite happy that it became current. Our applications are with San Jose Local Office. We completed our interview on October 2005. At the time of our interview our priority date is not current and no visa number available. The IO said that whenever our PD becomes current they will approve our case and send the mail in card. We moved to San Jose and our case files are transferred from South Portland Maine to San Jose.
Long story short, we went to San Jose office and told the IO that our Priority date became current and he has the VB that has all categories current.He said that he is going to pull the files out of inventory room and send to the IO the same day and he will approve it. We are aware of the fact that VB is going to change. So not sure how to take the information given to us. Will they approve as he said? or will they take it out and wipe the dust off and put it back for dust to collect again. I am disappointed, angry, helplessness. It is just 1 hour work that is all it takes to approve and I am waiting for past 2 years. Anybody in the same boat?? What can i expect from the response. What should i infer - approve or dust collection. Anyways my company is asking me to relocate to Beijing or Mainz so I will consider seriously after consulting with my wife.
Logiclife, I had contributed before for Senator Kerry campaign in 2004 too. I don't think that is wrong is there?
more...
sirinme
07-15 12:47 PM
Contributions for both self and spouse!
2010 pictures desert eagle
immm
07-19 12:32 AM
This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:
Talk about earlier PD's. Mine is March, 2002!! It would be disheartning to see people with PD's of 2004/2005 getting a visa number because they got the receipt number a couple of days before I did while I waited for all these years for the visa bulletin dates to move!!
And I bet that there are people from 2002/2003 still stuck at BEC's who might get labor and I-140 approved in a few months to find out they are at the end of the queue and would have to wait few more years because the dates might retrogress!!
I wish the USCIS would sort all applications by PD after August, 17th. But looking at their "Processing times" page, they seem to go by the receipt dates:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Talk about earlier PD's. Mine is March, 2002!! It would be disheartning to see people with PD's of 2004/2005 getting a visa number because they got the receipt number a couple of days before I did while I waited for all these years for the visa bulletin dates to move!!
And I bet that there are people from 2002/2003 still stuck at BEC's who might get labor and I-140 approved in a few months to find out they are at the end of the queue and would have to wait few more years because the dates might retrogress!!
I wish the USCIS would sort all applications by PD after August, 17th. But looking at their "Processing times" page, they seem to go by the receipt dates:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
more...
tampa2006
07-18 09:14 PM
I have contributed my bit by signing in for $50 montly contribution. I hope that we will make IV a grassroot movement.
hair Gadget#39;s Wallpaper thread
satyasaich
06-11 11:53 AM
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
Isn't it the same month visa bulletin 2 years ago turned up to extreme 'opposite' by making everything 'CURRENT'? (a.k.a july 2007 fiasco)
Good or bad it already happened i think.
What we need (at the very least) now is visa recapture to clear some of old / legacy applications (with Priority dates more than 4 or 5 years old)
Isn't it the same month visa bulletin 2 years ago turned up to extreme 'opposite' by making everything 'CURRENT'? (a.k.a july 2007 fiasco)
Good or bad it already happened i think.
What we need (at the very least) now is visa recapture to clear some of old / legacy applications (with Priority dates more than 4 or 5 years old)
more...
glus
08-12 09:51 AM
I'm asking this question again. Can someone please respond?
Uscis will mark it received on the 3rd. Anyway, what's the difference?
Uscis will mark it received on the 3rd. Anyway, what's the difference?
hot The Desert Eagle 50 caliber
vdlrao
06-10 12:32 PM
As EB1 is Cureent, presume processing applications up date, EB3 is Unavailable, means no work to do for USCIS people as far as EB3 Adjudicate cases, leave EB4, EB5 categories aside which dont have many applications to process. Then the only category left for working with is EB2 and that also having ROW being current, the adjuticate applications left for processing with available visa numbers are EB2 India for time being. So this means for the next few months including this June 2008 there might be many approvals in EB2 India category, as because theres no considerable work in EB category for USCIS people except EB2 India Adjudication. So presumably all the available visa numbers will be processed effectively in the EB2 category for the fical year.
more...
house EdgeGamers Desert Eagle
CADude
07-05 12:46 PM
I used AILA site to send the mail. May be some one else provide the email info. Thanks
It would be helpful if you few addresses for senators so that everyone can send letters right away.
It would be helpful if you few addresses for senators so that everyone can send letters right away.
tattoo .50cal
swede
04-03 08:58 AM
RIR EB3, filed in PA. Now in Philladelphia BEC
PD Dec 2002
45 days letter received May 2005
My 6 year H1B expire in Aug 2006
:(
PD Dec 2002
45 days letter received May 2005
My 6 year H1B expire in Aug 2006
:(
more...
pictures Desert Eagle Wallpaper at
alterego
07-06 01:53 PM
There are about 18K CP cases.
Yeah but if the PDs are set as unavailable, what can they do about those cases anyway, as the priority date has to be current on the day of approval in the consulate.
Furthermore, unlike with 485s they can't consular process 18K cases on a Sunday! It is not a centralised process for them to do that.
Yeah but if the PDs are set as unavailable, what can they do about those cases anyway, as the priority date has to be current on the day of approval in the consulate.
Furthermore, unlike with 485s they can't consular process 18K cases on a Sunday! It is not a centralised process for them to do that.
dresses the cool Desert Eagle from
insbaby
03-04 02:33 PM
I have seen my friends refinancing, received mixed results.
Few say, can not approve loan because of temproary status (They have no answer for why they allowed last year when purchasing the home).
Same guys were able to get it done thru other banks.
EAD - is not popular as H1B in the financial area. They don't understand. You have to give this as a supporting document along with your H1B Visa and I-797.
Few say, can not approve loan because of temproary status (They have no answer for why they allowed last year when purchasing the home).
Same guys were able to get it done thru other banks.
EAD - is not popular as H1B in the financial area. They don't understand. You have to give this as a supporting document along with your H1B Visa and I-797.
more...
makeup Gold Desert Eagle
sagis99
08-08 10:33 AM
FYI:
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
girlfriend desert eagle wallpaper -
chi_shark
02-23 02:18 PM
It means USCIS has pre-adjudicated your I-485 if it was filed before october 2008.
i thought it meant that you had to wait 4 months after your priority date is current to have any expectation of adjudication... no?
i thought it meant that you had to wait 4 months after your priority date is current to have any expectation of adjudication... no?
hairstyles Wallpaper
pointlesswait
06-24 03:00 PM
you are in fools paradise if you thing america is losing by delaying GC for us...in fact the more it delays the more it gains...
a.) Obvious processing fess which runs into billions..
b.) a whole industry of legal professionals who feed off legal and illegal immigrants ...what will happen to Murthys and khannas...and the collateral josb that have been created by immigrants
c.) the Social security is being sustained by hi-tech and legal immigranst who pay their taxes on time.
i can list many more..but then the purpose of your article will be lost!..;-)
if you are asking for ideas on what is US losing..thats because they lose nothing...its only us who think that we are important for US..for them we are nothing but cattle from third world country!
like i had said in my previous posts..its apartheid..but of a different kind!
slavery never ends..it just resurfaces as a mutant!
njoy!
a.) Obvious processing fess which runs into billions..
b.) a whole industry of legal professionals who feed off legal and illegal immigrants ...what will happen to Murthys and khannas...and the collateral josb that have been created by immigrants
c.) the Social security is being sustained by hi-tech and legal immigranst who pay their taxes on time.
i can list many more..but then the purpose of your article will be lost!..;-)
if you are asking for ideas on what is US losing..thats because they lose nothing...its only us who think that we are important for US..for them we are nothing but cattle from third world country!
like i had said in my previous posts..its apartheid..but of a different kind!
slavery never ends..it just resurfaces as a mutant!
njoy!
matreen
10-17 01:58 AM
Guys,
I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,
Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).
Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)
Is that going to cause any problem to my 485 process?
Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?
I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..
Thanks,
M
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,
Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).
Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)
Is that going to cause any problem to my 485 process?
Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?
I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..
Thanks,
M
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
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unseenguy
02-11 01:22 AM
OMG , what an utterly disgusting attitude !!! and on top of it, you are trying to "summarize" ???
I tried to stop myself from posting on this thread since it's based on one guy's circumstances and though I feel sorry for him ( the same way I feel sorry for all the wives and their families being extorted huge sum of money in the name of marriage ) , it's hard to judge these things knowing only one side of the story.
To each his own , but do you think your parents spent their whole lives bringing you up only to know that you think it's "legally" not right to help them monetarily ???? I guess, they should have not spent that extra money to send you to a good school/college or spend it on your tution classes and kicked you out of their house once you reach the age of 18 , like some parents do here ??? Man, it's hard for me to imagine how one can think like that about their parents.
When someone gets married they should be grown up enough to handle the money matters and put their foot down in case of any unreasonable demands, it applies to both husband and wife. The intricacies of the "Indian arranged marriage" are difficult to understand and the equations vary from case to case, so it's better not to come to a judgement and come out with something utterly nonsensical.
I'm sorry if my post is a bit rude , what rude comments beget rude reactions !
Yeah right. Your wife should cook for your parents all her life because you were sent to a good school by them.
I tried to stop myself from posting on this thread since it's based on one guy's circumstances and though I feel sorry for him ( the same way I feel sorry for all the wives and their families being extorted huge sum of money in the name of marriage ) , it's hard to judge these things knowing only one side of the story.
To each his own , but do you think your parents spent their whole lives bringing you up only to know that you think it's "legally" not right to help them monetarily ???? I guess, they should have not spent that extra money to send you to a good school/college or spend it on your tution classes and kicked you out of their house once you reach the age of 18 , like some parents do here ??? Man, it's hard for me to imagine how one can think like that about their parents.
When someone gets married they should be grown up enough to handle the money matters and put their foot down in case of any unreasonable demands, it applies to both husband and wife. The intricacies of the "Indian arranged marriage" are difficult to understand and the equations vary from case to case, so it's better not to come to a judgement and come out with something utterly nonsensical.
I'm sorry if my post is a bit rude , what rude comments beget rude reactions !
Yeah right. Your wife should cook for your parents all her life because you were sent to a good school by them.
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