tnite
07-11 08:02 AM
Does someone know by how many months EB2 has jumped??
little more than 2 yrs
little more than 2 yrs
wallpaper artist on the Today show
jayleno
07-14 03:11 PM
Just dropped a check for $5. I hope all of the remaining members do the same.
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
2011 Natalie Morales quot;Today Showquot;
ganguteli
03-12 03:33 PM
Reddog is an agent of someone paid to view IV site and create anti-IV posts. He may very well be an anti-immigrant who is now worried that he may not get access to secret info of our efforts.
If he cares for immigrants, why has he not even updated his profile with his application dates. I bet he will also be annonymous with fake contact info.
Tell us what you have done for IV till now?
If he cares for immigrants, why has he not even updated his profile with his application dates. I bet he will also be annonymous with fake contact info.
Tell us what you have done for IV till now?
more...
amitjoey
07-19 01:41 PM
I just contributed $100 in addition to my previous contributions. I posted the details on another thread.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
I agree, lots of people questioned IV and promised to contribute if they saw any results. Now what is their excuse?.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
I agree, lots of people questioned IV and promised to contribute if they saw any results. Now what is their excuse?.
gc_rip
09-01 02:13 PM
Arrived in US Aug 99.
Couple startups went down, and finally filed in EB3 category, PD Feb 2005.
Current calculations, should have adjudication by Oct 2023.
HaHaHaHAHAAHAHHAAAHA
Surely, it's been a joke.
Couple startups went down, and finally filed in EB3 category, PD Feb 2005.
Current calculations, should have adjudication by Oct 2023.
HaHaHaHAHAAHAHHAAAHA
Surely, it's been a joke.
more...
bala50
04-30 04:07 PM
Whatever question you ask -- they will blame it on the summer 2007 surge.
Summary - "Dont expect any improvemnt in USCIS processing for atleast the next two years " -- Mr. Aytes
hmmmm.. they ran out of questions. We should have supplied them with the questions and they would have had to stay up all night just to get through the question we can come up in 1 hr!!!!!
Summary - "Dont expect any improvemnt in USCIS processing for atleast the next two years " -- Mr. Aytes
hmmmm.. they ran out of questions. We should have supplied them with the questions and they would have had to stay up all night just to get through the question we can come up in 1 hr!!!!!
2010 Holt on the Today Show Set
whiteStallion
09-10 04:54 PM
I still don't get it how USCIS works...:( Guess its high time somebody from USCIS writes a book or whitepaper on this subject. Or some post-grad can try writing a thesis on this to get their PhD! :rolleyes:
more...
santb1975
05-30 12:42 PM
We really need to
hair work on the Today Show set
485Mbe4001
01-03 03:59 PM
good topic and reply.
Maintaining GC is a big hassle you have to return every year (2years for the first time i think). Couple of Infosys blokes (with GC) that i know had discussed this with the company before joining and the company sent them within 2years on a short term projects to the US.
If you have a US citizenship then you can opt for a dual citizenship. That might help you get a job directly in India (dont know the rules, just guessing)
This thread is long time coming, and thank you for starting this. This is a question often discussed in friend circles, but most people I know hesitate to take a position. I think the anonymity of this forum will let us express ourselves more honestly...
When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
Maintaining GC is a big hassle you have to return every year (2years for the first time i think). Couple of Infosys blokes (with GC) that i know had discussed this with the company before joining and the company sent them within 2years on a short term projects to the US.
If you have a US citizenship then you can opt for a dual citizenship. That might help you get a job directly in India (dont know the rules, just guessing)
This thread is long time coming, and thank you for starting this. This is a question often discussed in friend circles, but most people I know hesitate to take a position. I think the anonymity of this forum will let us express ourselves more honestly...
When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
more...
akhilmahajan
10-25 11:15 PM
Same with me. I hope people understand that this is a serious issue.
GO I/WE GO
GO I/WE GO
hot NBC#39;s “Today Show” has a new
sagittariusarm
09-30 04:43 PM
My EB3 PD is Oct 2003. I-140 approved and I-485 ND is July24th.when can i expect to get the green card?. thanks in advance.
Good question!!!
I think all our folks here and myself have the same question too. My PD is 10/2003 and RD July 2nd. p_kumar, I can assure nobody can answer this question, not even USCIS. I am sure this site would have not existed if there was an answer. Sorry for beating round the bush, I am sure you would have known the answer by now.
Good question!!!
I think all our folks here and myself have the same question too. My PD is 10/2003 and RD July 2nd. p_kumar, I can assure nobody can answer this question, not even USCIS. I am sure this site would have not existed if there was an answer. Sorry for beating round the bush, I am sure you would have known the answer by now.
more...
house Above: The Today Show cast
chanduv23
05-15 10:41 PM
I totally agree with you on this. But I am not talking about the MTR. I am talking about the fee issues. Why do we need to pay if its their mistake. I dont think we are talking about the fee waiver with congress men's office or anyone else.
I agree. We definitely need to get some kind of process to correct "service errors" against filing MTR which is associated with a cost.
Remember MTR is basically for presenting NEW FACTS and not to correct service errors.
If members can come up with innovative ideas of correcting these issues, we can definitely do campaigns.
All we need is cooperation and help from members.
AC21 denials is clearly a service error and when one invokes AC21 the person should not be punished by slapping a denial and making him/her accrue unlawful status and forcing them to open a Motion.
I agree. We definitely need to get some kind of process to correct "service errors" against filing MTR which is associated with a cost.
Remember MTR is basically for presenting NEW FACTS and not to correct service errors.
If members can come up with innovative ideas of correcting these issues, we can definitely do campaigns.
All we need is cooperation and help from members.
AC21 denials is clearly a service error and when one invokes AC21 the person should not be punished by slapping a denial and making him/her accrue unlawful status and forcing them to open a Motion.
tattoo Today Show set
JunRN
09-28 09:47 PM
Kidding aside, when I get my GC and then US citizenship, I will apply for a position in DHS....or in FBI.....
more...
pictures the quot;Todayquot; show, set to
GCVictim
09-08 02:34 PM
In india, Real estates brokers are increasing land prices and apts because... of NRIs. NRI's money is coming to india like anything... So simply they are increasing... Those land are less than 50% on current price...
NRI are cheating by these real estates brokers....
NRI are cheating by these real estates brokers....
dresses torres The+today+show+set
JunRN
10-22 11:31 PM
Something's going on in the Senate....recapture of unused visa is proposed as an amendment to labor and healthcare appopriations bill.....let's see what happens tomorrow...expect that it will be tackled tomorrow!
more...
makeup The Today Show Australia#39;s
lazycis
12-01 02:32 PM
Do you mean the district court asks cis to compensate candidate??? I have never heard this - wondering!!! Don't think its true!
If a party wins a case, the court may order a losing party to compensate all expenses associated with the suit. The relevant law is "Equal Access to Justice Act" (EAJA). However, if government changes position and reverses the denial/acts on an application/MTR before court rules in your favor, it's not possible to recover court-related expenses. Court filing fee in federal civil cases is $350 so the bulk of all expenses is usually attorney's fees.
If a party wins a case, the court may order a losing party to compensate all expenses associated with the suit. The relevant law is "Equal Access to Justice Act" (EAJA). However, if government changes position and reverses the denial/acts on an application/MTR before court rules in your favor, it's not possible to recover court-related expenses. Court filing fee in federal civil cases is $350 so the bulk of all expenses is usually attorney's fees.
girlfriend Guests On The NBC Today Show
wellwisher02
04-01 08:46 AM
Wow, so you're telling me be happy as somebody else is in pain now ???
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act professionallly as all other IV members do. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against USCIS. Will you be brave enough (if not foolhardy enough) to reproduce whatever you said here in a letter and send it out to the USCIS? Trust me, you'll not since you'd act politely and professionally to make out your case. We expect you to act with decorum when you discuss pertinent issues in IV forum.
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act professionallly as all other IV members do. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against USCIS. Will you be brave enough (if not foolhardy enough) to reproduce whatever you said here in a letter and send it out to the USCIS? Trust me, you'll not since you'd act politely and professionally to make out your case. We expect you to act with decorum when you discuss pertinent issues in IV forum.
hairstyles on the Today show set to
Stan09
03-11 01:20 PM
Hi All,
something really strange is going on:
I485 EB2 filed at NSC Dec 3,2008, and on Feb,18 received RFE(!) requesting employment verification, divorce certificate, W2 and some other stuff that has been posted to them just 2 months ago.:confused:
something really strange is going on:
I485 EB2 filed at NSC Dec 3,2008, and on Feb,18 received RFE(!) requesting employment verification, divorce certificate, W2 and some other stuff that has been posted to them just 2 months ago.:confused:
indio0617
03-09 10:08 AM
another senator suggesting: institute a training fee for nurses like the H-1b training fee...
gcformeornot
01-05 08:19 PM
I have been confused by some of the things Professor Wadhwa says -- being opposed to H1 visas and saying there are no shortages of engineers. I saw this video on Youtube which explained everything to me. He is acting like a true American -- like we should once we become citizens. He is advising America on how they can stay competetive -- like all of us want for this great country. But he is also saying that the real solution is for America to welcome immigrants as permanent residents rather than on temporary visas.
Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
Its completely conflicting. I think somebody edited it to suit themselves. There are contracdictions everywhere.
Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
Its completely conflicting. I think somebody edited it to suit themselves. There are contracdictions everywhere.
No comments:
Post a Comment