slowwin
04-03 09:13 AM
Administrator,
can you please CLOSE this thread, please ?
1) It's annoying to see grown up ppl fight like children.
2) This forum needs to keep it's focus. Members are supposed to help each other and our cause. We are IV and IV is us.
3) we do not need internecine fights, that digress's from our mission.
4) This thread is contributing to wastage og volunteer resources, computer resources, temperments and increasing member frustations and BLOOD PRESSURE.
I humbly request you to put this to rest by closing this thread.
can you please CLOSE this thread, please ?
1) It's annoying to see grown up ppl fight like children.
2) This forum needs to keep it's focus. Members are supposed to help each other and our cause. We are IV and IV is us.
3) we do not need internecine fights, that digress's from our mission.
4) This thread is contributing to wastage og volunteer resources, computer resources, temperments and increasing member frustations and BLOOD PRESSURE.
I humbly request you to put this to rest by closing this thread.
ramreddy
12-26 02:36 PM
I am on H1 w/ valid EAD . Got my labor and 140 in 05 and recently renewed by EAD.
There are 2 situations, to my case , though I am not sure how unique or otherwise they are :
-- My Immigration Labor petition promised me some $20K more than what I had made 05-09 period.
Far as I can see, GC Is prospective. This was for a Managerial level position to which I was planning to advance and will probably do so. So the position I am working in now and the prospective GC position as indicated in the labor are different.
- I left my sponsoring company briefly since my US client placed me in UK , where the payroll had to run directly and not through my company .So for 07 there was no W2 and income. 08 there is just income for last 5 months and it was lower that all prev years
-now I want to go back to India in 2010 Jan . and work from there for sometime. There will be no US income .
Right now EB2 is stagnating and never moved up since last 3 months .
I want to know given the above history
-- is there serious possibility of GC reject based on your wise exp
--- can I stay in India and when my category becomes current the gc is mailed back to me in India ?>
PL let me know what my options are .....and the best path
Wish you happy new year
Best
Ram
There are 2 situations, to my case , though I am not sure how unique or otherwise they are :
-- My Immigration Labor petition promised me some $20K more than what I had made 05-09 period.
Far as I can see, GC Is prospective. This was for a Managerial level position to which I was planning to advance and will probably do so. So the position I am working in now and the prospective GC position as indicated in the labor are different.
- I left my sponsoring company briefly since my US client placed me in UK , where the payroll had to run directly and not through my company .So for 07 there was no W2 and income. 08 there is just income for last 5 months and it was lower that all prev years
-now I want to go back to India in 2010 Jan . and work from there for sometime. There will be no US income .
Right now EB2 is stagnating and never moved up since last 3 months .
I want to know given the above history
-- is there serious possibility of GC reject based on your wise exp
--- can I stay in India and when my category becomes current the gc is mailed back to me in India ?>
PL let me know what my options are .....and the best path
Wish you happy new year
Best
Ram
needhelp!
09-11 10:25 AM
amit1234
villamonte6100
04-02 02:21 PM
Fortunately the US justice system works for everybody. Thats the hallmark of this great country.
Anybody can go to a court and seek justice if they feel they have been harmed or suffered losses even by a govt body.
Ample evidence is available in court records for cases against USCIS by GC applicants for delays and errors. This not an opinion but a fact.
In this country you just don't get screwed or get a cold shoulder for seeking justice within the written laws.
Unfortunately numbskulls like villamonte and DED don't have a mental capacity to understand these concepts
You don't need to be harsh on your comments. You can go ahead and file a case with USCIS. That's what I've been saying here all the time.
Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.
I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.
Anybody can go to a court and seek justice if they feel they have been harmed or suffered losses even by a govt body.
Ample evidence is available in court records for cases against USCIS by GC applicants for delays and errors. This not an opinion but a fact.
In this country you just don't get screwed or get a cold shoulder for seeking justice within the written laws.
Unfortunately numbskulls like villamonte and DED don't have a mental capacity to understand these concepts
You don't need to be harsh on your comments. You can go ahead and file a case with USCIS. That's what I've been saying here all the time.
Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.
I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.
more...
skynet2500
12-10 04:06 PM
When am I going to get my gift card? I predicted it right. :)
gc_check
07-20 11:53 PM
Any one recently re-financed or obtained a mortgage loan with Bank of America or Wells Fargo. Both the banks denied loan stating not having a valid visa as a reason, though I have approved EAD with 485 pending and I-140 approved. I have contacted the customer support, since the loan was through the mortgage broker. The underwrite appears to not accept EAD as a valid status and asking to provide a copy of visa to purse further. Any one have any specific docs / links that might help other than the ones in this thread.
more...
nandakumar
05-27 07:37 PM
Friendly Bump....
webm
04-30 10:48 AM
TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
Let's hope for the best decision!!
------------------
EB3-I PD Oct,01,2001
485 RD-June,2007 (TSC)
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
Let's hope for the best decision!!
------------------
EB3-I PD Oct,01,2001
485 RD-June,2007 (TSC)
more...
dipmay2002
09-07 01:37 PM
Today I completed 10 years in USA and still waiting for GC, PD Dec. 2004 EB3...:confused:
desigirl
04-30 12:06 PM
IV Team,
I have been calling the list of Senators - and some of them say they do not support amnesty. I do talk about high skilled immigrants (from pappu's brief). My question is how do I make the distinction between the two groups without sounding that I am being against the undocumented?
Appreciate your help on this as I continue calling the Senators. Thanks
I have been calling the list of Senators - and some of them say they do not support amnesty. I do talk about high skilled immigrants (from pappu's brief). My question is how do I make the distinction between the two groups without sounding that I am being against the undocumented?
Appreciate your help on this as I continue calling the Senators. Thanks
more...
eb3retro
03-11 01:37 PM
Hi eb3retro,
I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice.
I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application.
Thanks.
my case was never transferred from anywhere..it remained in NSC. my gut feeling says that they have gone past ur case, since you are in 2002 and i am in 2003, in which case, you probably will not get any RFE
I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice.
I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application.
Thanks.
my case was never transferred from anywhere..it remained in NSC. my gut feeling says that they have gone past ur case, since you are in 2002 and i am in 2003, in which case, you probably will not get any RFE
Mouns
04-30 03:15 PM
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
more...
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
glus
07-05 10:39 AM
I sent them letters via certified mail on Tuesday!
J
J
more...
darslee
07-05 11:53 PM
Guys...digg this one religously..
For the first time one article connects our needs to what Americans are interested in; Homeland security.
Dugg and sent her an email thanking her and suggesting a follow up article on practical consequencies of their "mix-up". Used my case of Aging out son as an example.
For the first time one article connects our needs to what Americans are interested in; Homeland security.
Dugg and sent her an email thanking her and suggesting a follow up article on practical consequencies of their "mix-up". Used my case of Aging out son as an example.
kumhyd2
07-13 03:48 PM
Administrators,
Can you start a thread to decide about the meeting places for the state / city chapters so that members can gather and discuss.
This is more effective in addition to the postings on the forum.
You can selectively decide some meeting places for each state /city chapter
Post it for voting
Finalize the meeting schedules (like weekly meeting/monthly meeting)
Make it a regular event so that postings / thoughts can culminate into actions.
Can you start a thread to decide about the meeting places for the state / city chapters so that members can gather and discuss.
This is more effective in addition to the postings on the forum.
You can selectively decide some meeting places for each state /city chapter
Post it for voting
Finalize the meeting schedules (like weekly meeting/monthly meeting)
Make it a regular event so that postings / thoughts can culminate into actions.
more...
superdesi2100
09-10 11:25 AM
Thanks for all the efforts. Donated 100$ via paypal. Coming to the rally as well.
mrdelhiite
06-25 01:28 PM
IV members have saved you a lot of money on attorney phone calls, getting answers to medical test questions and other general questions. Please contribute to IV so that we can keep this effort going. While everybody is busy collecting documents and paperwork for 485, core IV again is doing there personal paperwork and + lobbying.
Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
Yes Amit you are 100 % right everyone esp I have to do that too ... i work with Aman in state and i see how much work you guys do.... just excuse me for a day or 2 i just have to get a H4 date and marrige done .. my would be is in India right now
-M
Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
Yes Amit you are 100 % right everyone esp I have to do that too ... i work with Aman in state and i see how much work you guys do.... just excuse me for a day or 2 i just have to get a H4 date and marrige done .. my would be is in India right now
-M
reddymjm
03-09 01:32 PM
Can anyone explain the whats the FOIA fund drive? Or provide a link. Thanks.
http://immigrationvoice.org/forum/showthread.php?p=324652
http://immigrationvoice.org/forum/showthread.php?t=24159&highlight=FOIA
http://immigrationvoice.org/forum/showthread.php?p=324652
http://immigrationvoice.org/forum/showthread.php?t=24159&highlight=FOIA
santb1975
05-29 09:42 PM
^^^
IAMINQ
04-02 02:36 PM
I received my labor approval in dec 2005 from Philadelphia Backlog Center
Priority Date: March 2004, EB3
Filed from Philadelphia Region.
Priority Date: March 2004, EB3
Filed from Philadelphia Region.
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