srinivas_o
09-16 06:45 PM
I have made one time of contribution of $100 through PayPal.
Here are the details.
Confirmation Number: 3YE50599L7886501J.
Due to some personal reason, I am not able to make it to Rally, but my heart felt best wishes to everyone.
Here are the details.
Confirmation Number: 3YE50599L7886501J.
Due to some personal reason, I am not able to make it to Rally, but my heart felt best wishes to everyone.
wallpaper Still life oil paintings,
amitjoey
05-04 11:05 AM
Please call atleast 4 offices at a minimum each day. So in the next 3 days we can reach 12 offices per member. That is at a minimum each member should do.
ski_dude12
02-24 07:48 AM
There is life outside of GC. Majority of those waiting in line for GC were able to apply their I-485 during the 2007 fiasco and have the option of using EAD to change employers to make things better to a certain extent.
2011 Famous Spanish artist - 20th
Kodi
06-22 10:41 AM
Nothing so far. I keep checking the status of my application every day but its still "In Process"
more...
makemygc
07-06 01:04 PM
He is trying to spin a news and get a answer of his comfort. Guyz never stop :)
Or may be he is in some mental shock and need some..you know what.
Or may be he is in some mental shock and need some..you know what.
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,
Your Name
Your Address
Your Phone Number
more...
gccovet
11-21 05:04 PM
Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer
This is exactly my lawyer mentioned, AOS deined, you are still good to continue work (and wind up in USA) till your H1(i-94) expires. Hence, it is deemed as "safety". Person gets time to windup before the final bye-bye.
GCCovet
This is exactly my lawyer mentioned, AOS deined, you are still good to continue work (and wind up in USA) till your H1(i-94) expires. Hence, it is deemed as "safety". Person gets time to windup before the final bye-bye.
GCCovet
2010 taken this iconic painting
champu
03-06 04:55 PM
I don't have any LUDs on mine even though I opened an SR and requested infopass appointment for my delayed EAD
What's your Service Center for EAD?
What's your Service Center for EAD?
more...
vin13
03-08 10:48 PM
http://www.shusterman.com/
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
It is weird that Shusterman had information about ROW EB-3 retrogressing by 1 year. Why did he not say anything about EB-2?
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
It is weird that Shusterman had information about ROW EB-3 retrogressing by 1 year. Why did he not say anything about EB-2?
hair All paintings are based on the
illusions
03-03 06:17 PM
Does any one have a best guesstimate on what the April VB will be for ROW ?
more...
bobzibub
04-01 06:56 PM
I'd look at it a different way. Without USCIS u and I wudn't have made it to the US. When u came to the US, u implicitly agreed upon the rules and regulations of USCIS. When u applied for ur GC, u very well knew what USCIS is and how they function.They have an immigration system which has been going on for several years now and all the immigration aspirants have played by their rules and never questioned how it worked though their cases were delayed for whatever reason. Why shud the USCIS even entertain somebody questioning them now? They'll simply say...Who are u to ask? We have been functioning like this for ages now. If u dont like it, just say good bye...but this is how we function.
That is what every government wishes their citizens would do--just accept like obedient little sheep. I say that one should choose not to give them a free pass. Otherwise they'll continue to walk all over you. Citizen or not, being a sheep is not an option. Besides, we did not move to a dictatorship. We moved to a democracy--or at least it is trumpeted as such. Let them walk the walk.
That is what every government wishes their citizens would do--just accept like obedient little sheep. I say that one should choose not to give them a free pass. Otherwise they'll continue to walk all over you. Citizen or not, being a sheep is not an option. Besides, we did not move to a dictatorship. We moved to a democracy--or at least it is trumpeted as such. Let them walk the walk.
hot Portrait paintings of the
slammer
07-11 06:27 AM
Here's the link
http://mumbai.usconsulate.gov/cut_off_dates.html
No good news for EB 3 WW ?!
Rita
http://mumbai.usconsulate.gov/cut_off_dates.html
No good news for EB 3 WW ?!
Rita
more...
house on nature alone,
ramus
07-06 12:10 PM
Please change subject of this thread or close it . It seems like we have new visa bulltein from DOS..
tattoo paintings of nature
anilsal
03-05 06:13 PM
I got LUD for 2/05. Fingerprints done in Feb. After that no change.
I am just one of those select few who got FP notices.
I am just one of those select few who got FP notices.
more...
pictures paintings of nature by
needhelp!
09-11 12:57 PM
1, mamthavijai, theMan, lccleared, GC2015
dresses World famous paintings, Pablo
drona
07-30 12:45 PM
gctoget, we are actually 39 members now. 24 is the new members that have joined since a week back. If you look at the members section on our yahoo groups we have more. Keep joining folks, we have become very active.
more...
makeup 100 famous paintings of Claude
rex
09-24 12:59 PM
Ok. Now lets say I have EAD cards for me (primary applicant) and my wife. I can now have my wife start a company and have a job position similar to where I work. Now after 180 days, can I work for my wife's company invoking AC21 with my EAD??:D
and so when an RFE comes from USCIS , can this be shown as the similar job offer?
Really speaking, The USCIS only wants a promise of employment when they are adjudicating form 485 saying that I will be given a job after I get my green card:). So can I literally work anywhere for any job using my EAD until green card gets fully approved as long as I have a promise of employment (by my wife's company)? :p
Ofcourse i am risking the chance of being out of status if my 485 gets denied. i just want to make sure it wont get denied because the "similar job" offer is from my relatives (wife's) company.
any thoughts??:confused:
Rex
and so when an RFE comes from USCIS , can this be shown as the similar job offer?
Really speaking, The USCIS only wants a promise of employment when they are adjudicating form 485 saying that I will be given a job after I get my green card:). So can I literally work anywhere for any job using my EAD until green card gets fully approved as long as I have a promise of employment (by my wife's company)? :p
Ofcourse i am risking the chance of being out of status if my 485 gets denied. i just want to make sure it wont get denied because the "similar job" offer is from my relatives (wife's) company.
any thoughts??:confused:
Rex
girlfriend All paintings are based on the
indyyy
04-11 03:02 PM
No, unfortunatelly, there are many thousands like me.
PD - Nov 2001, regular, EB2 - No 45 day letter yet - How about that ?
PD - Nov 2001, regular, EB2 - No 45 day letter yet - How about that ?
hairstyles Magritte#39;s famous painting “La
desi3933
08-13 04:02 PM
I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).
We can write letters, emails, fax, contribute to IV but nothing is gonna help. This is the fact!
We are not going to get our GC when we need it but only when they give it. And, it is not going to happen anytime sooner.
The options that we have in front of us (which would work for sure):
1. Live with this. Don't come to any forum, don't think about VISA bulletin. Take your Gc when it comes to your doorstep. May be by then, we may not need it. We may be tired of being on the same job and GC may not bring any motivation to our career.
2. Move over to EB2 - If possible, take all the pains of changing job, place of living, unpredictability in PERM queue and I140 queue and move over to EB2. But you never know. One of our Indian brothers might have just won a lawsuit to stop us from moving over!! In that sense, EB3 I is worst than illegals. Least wanted legals in the USA!!
3. Get out of this country - Give up the American dream and come to reality and start a new dream. May be Canadian dream or Australian dream...
We are stuck. And, nobody is going to help us. This is hard fact. Believe it.
Wearing my optimist hat, the only thing I can think of is, whether IV supports it or not (reason I say this is - once we talk about this -the core is going to refer to poor 'high five' collection or 'low number of people calling congressmen' etc. Not blaming them. They have their own issues. For us, the problems are bigger. IV core will not do anything for EB3 I exclusive) some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
The only practical solution, IMHO, is to move over to EB-2. Like they say, If you can't beat them, join them.
______________________________
US Permanent Resident since 2002
N-400 Oath Date on Aug 19th, 2008
We can write letters, emails, fax, contribute to IV but nothing is gonna help. This is the fact!
We are not going to get our GC when we need it but only when they give it. And, it is not going to happen anytime sooner.
The options that we have in front of us (which would work for sure):
1. Live with this. Don't come to any forum, don't think about VISA bulletin. Take your Gc when it comes to your doorstep. May be by then, we may not need it. We may be tired of being on the same job and GC may not bring any motivation to our career.
2. Move over to EB2 - If possible, take all the pains of changing job, place of living, unpredictability in PERM queue and I140 queue and move over to EB2. But you never know. One of our Indian brothers might have just won a lawsuit to stop us from moving over!! In that sense, EB3 I is worst than illegals. Least wanted legals in the USA!!
3. Get out of this country - Give up the American dream and come to reality and start a new dream. May be Canadian dream or Australian dream...
We are stuck. And, nobody is going to help us. This is hard fact. Believe it.
Wearing my optimist hat, the only thing I can think of is, whether IV supports it or not (reason I say this is - once we talk about this -the core is going to refer to poor 'high five' collection or 'low number of people calling congressmen' etc. Not blaming them. They have their own issues. For us, the problems are bigger. IV core will not do anything for EB3 I exclusive) some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
The only practical solution, IMHO, is to move over to EB-2. Like they say, If you can't beat them, join them.
______________________________
US Permanent Resident since 2002
N-400 Oath Date on Aug 19th, 2008
anurakt
12-18 02:32 PM
# nycgal369, Senior Member like you coming up with this idea...hmmm..
Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.
First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?
My point is not to discourage but just for a reality check
I completely agree.....
Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.
First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?
My point is not to discourage but just for a reality check
I completely agree.....
sandiboy
07-18 04:11 PM
Assuming the possibility that PD will be "unavailable" for the next few months at least, then on what basis do they allot visa numbers . PD or 485 receipt date
I believe Visa number is allocated only at time of Adjudicating i.e once everything is clear. At the time of adjudicating your PD should be current & you should be ahead of others per RD.
I believe Visa number is allocated only at time of Adjudicating i.e once everything is clear. At the time of adjudicating your PD should be current & you should be ahead of others per RD.
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