maddipati1
11-21 04:00 PM
But.. when AOS(485) is denied, won't the underlying 140 and for that matter labor is also denied?
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
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sj2273
06-11 07:05 PM
Dear Nitinboston,
I am in 100% agreement with you on the notion that Congress probably doesnt care about people who are not voters/citizens etc. But let me quote you an example from history. I am making an extra effort to be optimistic here, but in saying that, nothing can be done will not lead us anywhere either. If we try, then we can atleast go to bed in peace thinking we tried! Here is the example though:
Blacks in this country did not have any voting rights before 1965. In order to be a registered voter they had be recommended by a white person and go through an exam. they practically had no rights. no status. nothing! I am talking about Alabama in early 50s when blacks were not even allowed to board buses from the front door. The bus driver had the right to pull out a gun if a black person did not give up his/her seat. Rosa parks ignited the Montogomery bus boycott in 1955 December and that lasted for more than a year. The result was that blacks came together and held together persistently till people in higher ranks noticed it. It wasnt easy, black leaders were bombed, harrassed and threatened for doing so. In 1964 the civil rights act came about and 1965 voters right act. And today we have a black president. Unbelievable transition from a time when even the drinking water fountains were seperate for whites and blacks.
This is just an example but what I am really trying to get to is that the Government today is much different than it was several years ago. If they could make the congress hear at that time, why cant we.
It wouldnt be wrong to say that this country still is the most tolerant country in the world. Compare this to Australia or New Zealand or Canada.
People in the government will listen if the cause is right. Its just a matter of making enough noise in a decent manner that people hear.
Thats all I have to say! I hope we can take you in the stride of our optimism. You will make a terrific addition to our optimistic force!
Thank you for reading my post.
I am in 100% agreement with you on the notion that Congress probably doesnt care about people who are not voters/citizens etc. But let me quote you an example from history. I am making an extra effort to be optimistic here, but in saying that, nothing can be done will not lead us anywhere either. If we try, then we can atleast go to bed in peace thinking we tried! Here is the example though:
Blacks in this country did not have any voting rights before 1965. In order to be a registered voter they had be recommended by a white person and go through an exam. they practically had no rights. no status. nothing! I am talking about Alabama in early 50s when blacks were not even allowed to board buses from the front door. The bus driver had the right to pull out a gun if a black person did not give up his/her seat. Rosa parks ignited the Montogomery bus boycott in 1955 December and that lasted for more than a year. The result was that blacks came together and held together persistently till people in higher ranks noticed it. It wasnt easy, black leaders were bombed, harrassed and threatened for doing so. In 1964 the civil rights act came about and 1965 voters right act. And today we have a black president. Unbelievable transition from a time when even the drinking water fountains were seperate for whites and blacks.
This is just an example but what I am really trying to get to is that the Government today is much different than it was several years ago. If they could make the congress hear at that time, why cant we.
It wouldnt be wrong to say that this country still is the most tolerant country in the world. Compare this to Australia or New Zealand or Canada.
People in the government will listen if the cause is right. Its just a matter of making enough noise in a decent manner that people hear.
Thats all I have to say! I hope we can take you in the stride of our optimism. You will make a terrific addition to our optimistic force!
Thank you for reading my post.
r_mistry
01-03 11:58 AM
Can anyone tell me how to contact NSC for my AP status? Sorry if this info was already posted but would appreciate if somebody who has contacted NSC regarding AP status provide me the number to contact them.
Many thanks.
Many thanks.
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ak_2006
05-15 09:46 AM
Here is the scoop.
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska’s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
Hi ind_game,
For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.
Please correct.
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska’s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
Hi ind_game,
For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.
Please correct.
more...
gimme_GC2006
02-09 10:27 PM
The first bulletin with Eb1 and Eb2 spill over.
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D
Imigrait
01-29 07:33 PM
Applied for AP - Aug.16 with NSC
The funny thing is,that as with EAD card,in a day after I subscribed for e-mail update with USCIS they send me e-mail that my AP and family members have been mailed.
LUD on AP Jan 23. AP on hand Jan.28.
Hi NeoKlaus,
Do you know what your Notice Date was?
Thanks.
The funny thing is,that as with EAD card,in a day after I subscribed for e-mail update with USCIS they send me e-mail that my AP and family members have been mailed.
LUD on AP Jan 23. AP on hand Jan.28.
Hi NeoKlaus,
Do you know what your Notice Date was?
Thanks.
more...
apahilaj
04-30 06:54 PM
So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...
Is the bill going to die prematurely or is it going any where?
Is the bill going to die prematurely or is it going any where?
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amsgc
05-02 09:56 PM
It was obvious that King was not in favor of the recapture. The idea of someone applying to adjust status only to enjoy the benefits of EAD/AP is impractical and simply rediculous. In order to file I-485 you need an approved or a pending immigrant petition, and if you have either of the two, then you have a legitimate case that deserves to be adjudicated. Aytes should have clarified this.
Not all congressmen/women are well versed with the details of immigration law, and Mr. King was trying to take advantage of this to influence the outcome of the testimony. He tried again with the new 180 day name check rule, asking Mr. Aytes if the USCIS had ever circumvented security checks to give out green cards. Hopefully, the powers to be will see through these cheap attempts and do the right thing.
I thought the testimony went well:
- It was agreed that visa recapture is a good thing because it will move the cut off dates for India/China in EB by several years (someone from the DOS actaully made this remark during the testimony)
- It was agreed that removal of country cap will help make visa bulletin cut off predictions easier (although the DOS/USCIS may have to make some changes in their process - which was ok)
The discussion is open for 5 legislative days, if someone choses to comment etc. It will be interesting to see what transpires in the next couple of weeks.
- Regarding FB, the senator for Illinois did well to dispel the myth that all kinds of people from all over the world are coming to this country in huge numbers. The fact is most of the new immigrants are immediate family members of american citizens.
what king meant was that anyone could apply for 485 and get an EAD which has no work restrictions as a H1 and enjoy the same benifits someone with a GC holds..down the line(after years of wait) even if the 485 gets rejected he/she has njoyed all the privilages or work/travel by getting his/her AP/EAD...
well damn you king, issue GCs faster then!
Not all congressmen/women are well versed with the details of immigration law, and Mr. King was trying to take advantage of this to influence the outcome of the testimony. He tried again with the new 180 day name check rule, asking Mr. Aytes if the USCIS had ever circumvented security checks to give out green cards. Hopefully, the powers to be will see through these cheap attempts and do the right thing.
I thought the testimony went well:
- It was agreed that visa recapture is a good thing because it will move the cut off dates for India/China in EB by several years (someone from the DOS actaully made this remark during the testimony)
- It was agreed that removal of country cap will help make visa bulletin cut off predictions easier (although the DOS/USCIS may have to make some changes in their process - which was ok)
The discussion is open for 5 legislative days, if someone choses to comment etc. It will be interesting to see what transpires in the next couple of weeks.
- Regarding FB, the senator for Illinois did well to dispel the myth that all kinds of people from all over the world are coming to this country in huge numbers. The fact is most of the new immigrants are immediate family members of american citizens.
what king meant was that anyone could apply for 485 and get an EAD which has no work restrictions as a H1 and enjoy the same benifits someone with a GC holds..down the line(after years of wait) even if the 485 gets rejected he/she has njoyed all the privilages or work/travel by getting his/her AP/EAD...
well damn you king, issue GCs faster then!
more...
priti8888
07-24 12:23 AM
mine too PD March 21 2003.... phew.. got stuck in BEC and then retrogression.. long wait.. and now 485 filed with long wait for EAD:)may be But hey, life is always that way, who knows what is next:)
March 2003!!??u were current in June.
If u applied 485 in June 07 u might have already been alloted a visa number...Call uscis to find out...A nicer IO may give u some details abt your case
March 2003!!??u were current in June.
If u applied 485 in June 07 u might have already been alloted a visa number...Call uscis to find out...A nicer IO may give u some details abt your case
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QuestGC
01-06 12:24 AM
Folks,
I do not think, the video of 9 minutes covered everything that speaker was presenting. It is not fair to judge or even compare the educational systems of India, China and US.
I guess if you listen carefully and understand what he is trying to say..
India produces - 350K engineers
China -- 600K...
US - 70K Engineers..
This is as per a research done and he was referring to the research done. What he is suggesting is, it is not fair to compare here because In China, every one with diploma is an engineer and all that.
Coming to India, MNCs have already said, current crop of majority of engineers are not employable. They are trained by so called MNCs because it is inexpensive to do so..
The US produces approximately 70K, but they are quality engineers (something to that effect).
Bottomline, why do people want Indians or chinese, because they work hard.
He was also telling some stories about how china is investing and providing tax breaks/investments (JVs) to companies to start R & D in China..
In the end, he was outlining the power of legal immigration and need to provide permanent residencies otherwise they become US competitors from India/china..
I think, before concluding one way or other, friends, please try to get the complete picture. I dont think we have complete information covered in the Video.
Indian culture, heritage 5000 years old. Indian education is gift of britishers, hence needs some adjustments to suit the current global competition.
At the same time US has its flaws too, but either try to deal with it or perish.
The power to change or transform is in our (Individual) hands..Every one has a choice. You choose - win some and lose some -- and die one day with nothing. This is life.
Thanks and Regards
I do not think, the video of 9 minutes covered everything that speaker was presenting. It is not fair to judge or even compare the educational systems of India, China and US.
I guess if you listen carefully and understand what he is trying to say..
India produces - 350K engineers
China -- 600K...
US - 70K Engineers..
This is as per a research done and he was referring to the research done. What he is suggesting is, it is not fair to compare here because In China, every one with diploma is an engineer and all that.
Coming to India, MNCs have already said, current crop of majority of engineers are not employable. They are trained by so called MNCs because it is inexpensive to do so..
The US produces approximately 70K, but they are quality engineers (something to that effect).
Bottomline, why do people want Indians or chinese, because they work hard.
He was also telling some stories about how china is investing and providing tax breaks/investments (JVs) to companies to start R & D in China..
In the end, he was outlining the power of legal immigration and need to provide permanent residencies otherwise they become US competitors from India/china..
I think, before concluding one way or other, friends, please try to get the complete picture. I dont think we have complete information covered in the Video.
Indian culture, heritage 5000 years old. Indian education is gift of britishers, hence needs some adjustments to suit the current global competition.
At the same time US has its flaws too, but either try to deal with it or perish.
The power to change or transform is in our (Individual) hands..Every one has a choice. You choose - win some and lose some -- and die one day with nothing. This is life.
Thanks and Regards
more...
singhsa3
08-16 03:09 PM
Situation of EB3-India can be changed only via changing law notably 5882.
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gc28262
08-12 11:40 AM
He has already been able to pass the law. Now whether he calls them chopshop or backtracks, or praises them.......it does not do anything. This will soon be a law.
By the very nature of this senator, he didn't even have to rephrase it. If he did that, there is a reason for it.
By the very nature of this senator, he didn't even have to rephrase it. If he did that, there is a reason for it.
more...
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vjkypally
07-19 10:02 AM
Can I start a new thread? If so how?
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senthil1
07-06 01:34 PM
If they would not have approved 25k cases in 2 days still they could change the cut off date instead of making unavailable. In any case accepting 500k to 700k applications when Visa number not available might create more problems for USCIS than current mess. I think USCIS well aware of potential lawsuit as they got opposition for similar thing for EB3 other workers in June. There is no strong motive for Scandals as no one gets Finanicial benefit in USCIS or DOS. It needs to be seen how Courts will handle Adminstrative mess up. It is highly unlikely for courts to order USCIS to accept I485 even if they find violation of law. But if court considers the lawsuit it will be used to fix some of the issues in VB regulations
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.
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Jimi_Hendrix
08-01 04:02 PM
I have worked as a newspaper editor. I have very decent writing and editing skills. If you need help let me know.
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chisinau
11-18 08:27 AM
Hi!
I have the opportunity to receive Canadian Permanent Residence. But for the US my PD is Sept.2006 in EB3, schedule "A"(which does not exists anymore :-). The question is: Will I be able to pass the interwiev succesfully and receive the GC, when my PD is current? Or it is impossible after receiving Canadian PR? I mean is it possible to have both Canadian PR and US GC at the same time? If now, please suggest how should I act in this situation?
Thanx for you opinions!
I have the opportunity to receive Canadian Permanent Residence. But for the US my PD is Sept.2006 in EB3, schedule "A"(which does not exists anymore :-). The question is: Will I be able to pass the interwiev succesfully and receive the GC, when my PD is current? Or it is impossible after receiving Canadian PR? I mean is it possible to have both Canadian PR and US GC at the same time? If now, please suggest how should I act in this situation?
Thanx for you opinions!
more...
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watcher
09-09 02:32 PM
I could not attend the rally due to work schedule. However, here is my small contribution. Great work IV, and all the best.
$100
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$100
Google Order #529545486966288
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GayatriS
01-08 09:34 PM
Ok then why dont we teach some respect and humility to professor ji to show some respect for his country men as well..
what a harsh speech that was..seems like some personal anger against india and their colleges...
The only harsh thing he said was that Indian education was awful. Everything else he said was extremely positive especially when he talked about the amazing progress India is making. I think he said that because he was saying that India is racing ahead and Indians are very successful entrepreneurs. (I am not sure).
I clicked on the link section under the video and found the slides that go with this. I have no idea what this website is or what NGA is, but here is where you can download the slides -- http://innovationandprosperity.pbwiki.com/innovationandprosperityMonday
He has many interesting slides on immigration and seems to be fighting for our cause.
So if you want to get nationalistic and get upset over silly things go ahead!!!
I wish I could go to Duke University or Harvard. I could not get admission or afford it if I did.
what a harsh speech that was..seems like some personal anger against india and their colleges...
The only harsh thing he said was that Indian education was awful. Everything else he said was extremely positive especially when he talked about the amazing progress India is making. I think he said that because he was saying that India is racing ahead and Indians are very successful entrepreneurs. (I am not sure).
I clicked on the link section under the video and found the slides that go with this. I have no idea what this website is or what NGA is, but here is where you can download the slides -- http://innovationandprosperity.pbwiki.com/innovationandprosperityMonday
He has many interesting slides on immigration and seems to be fighting for our cause.
So if you want to get nationalistic and get upset over silly things go ahead!!!
I wish I could go to Duke University or Harvard. I could not get admission or afford it if I did.
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immm
07-18 06:13 PM
Now we can take the thread back to the original issue Order Of I-485 Processing.
Back to the original thread
With this July VB fiasco, thousands of people with the recent priority dates will be able to apply alongside the applicants with much older priority dates and depending on how the USCIS issues the receipt notices or how fast their lawyers can file, some with older priority dates will fall behind in terms of receiving the receipt dates.
Note: Even a few days' difference in receipt dates could matter due to the quota when thousands apply in the same month
So the question on the table is:
How would USCIS process the cases now that many recent priority date filers were able to beat (sarcasm:thanks to DOS and USCIS!) the older priority date filers in getting the receipt notices?
.
Back to the original thread
With this July VB fiasco, thousands of people with the recent priority dates will be able to apply alongside the applicants with much older priority dates and depending on how the USCIS issues the receipt notices or how fast their lawyers can file, some with older priority dates will fall behind in terms of receiving the receipt dates.
Note: Even a few days' difference in receipt dates could matter due to the quota when thousands apply in the same month
So the question on the table is:
How would USCIS process the cases now that many recent priority date filers were able to beat (sarcasm:thanks to DOS and USCIS!) the older priority date filers in getting the receipt notices?
.
desi3933
08-04 03:43 PM
I'm not getting what's your point. All I am telling this guy and others that I need some statistics and why it is important to me. People who like my point will write them and people who will not like my point but still have the problem will modify the letter accordingly and people who should not care since they are not affected should just ignore this thread and move....
My best wishes are with you.
Go ahead and send your letter, that includes line like Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
Please keep us posted on updates. Thanks! ;)
My best wishes are with you.
Go ahead and send your letter, that includes line like Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
Please keep us posted on updates. Thanks! ;)
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,
Your Name
Your Address
Your Phone Number
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