beppenyc
03-08 02:23 PM
I can`t beleive it. I am very disappointed, that is unveliable. Everytime that it looks that something is happening...we got some problems. Now what`s going on with the democrats....
wallpaper cat in hat coloring pages. in
.png "childrens tea party hats")
lengthylabor
03-04 12:31 PM
related.... my PD is no where near current.... but got an email for RFE on dependent application yesterday.....
gcformeornot,
Is your application with NSC or TSC ?
gcformeornot,
Is your application with NSC or TSC ?
delhikadesi
09-14 12:44 AM
whats wrong with you guys...you guys are filed in EB3 category...does not mean that you are less then any EB2 person.
cant you understand one simple logic? EB2 category(not an individual) will get cards sooner then EB3 category.
So if you were eligibile or had a choice, why you chose EB3????
now since you did choose, you are supporting this backgate system of porting to EB2? how do you justify that?????
you or your employer told USCIS to get a card for you in EB3 category, if you do not want that, file NEW !!!
In the eyes of americans we are skilled workers, but we all are selfish and vulnerable to white man politics!!!!
DAMN this card and I wish to see when we all cherish our self respect and does not get treated like beggars by USCIS.
If we all have balls then lets do some kind of bycott ...else keep watching your brother in this stupid ration line and you enjoy your food (if you get lucky by USCIS)
cant you understand one simple logic? EB2 category(not an individual) will get cards sooner then EB3 category.
So if you were eligibile or had a choice, why you chose EB3????
now since you did choose, you are supporting this backgate system of porting to EB2? how do you justify that?????
you or your employer told USCIS to get a card for you in EB3 category, if you do not want that, file NEW !!!
In the eyes of americans we are skilled workers, but we all are selfish and vulnerable to white man politics!!!!
DAMN this card and I wish to see when we all cherish our self respect and does not get treated like beggars by USCIS.
If we all have balls then lets do some kind of bycott ...else keep watching your brother in this stupid ration line and you enjoy your food (if you get lucky by USCIS)
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eers
07-20 02:21 PM
You are forgetting spouses , EB-1 and in some cases 18+ years children.
Also quota in 2001, 2002 and 2003 was 195K and not 65 K
not every h1 guy can or will apply for GC. For example many of this big indian IT companies, with lot of H1s in hand, either dont apply GC for employees or they have very strict policies so that most dont qualify.
I know for sure , coz i am a victims of such situation :)
Also quota in 2001, 2002 and 2003 was 195K and not 65 K
not every h1 guy can or will apply for GC. For example many of this big indian IT companies, with lot of H1s in hand, either dont apply GC for employees or they have very strict policies so that most dont qualify.
I know for sure , coz i am a victims of such situation :)
more...
logiclife
09-28 07:34 PM
They can do "wild" approvals, however, they have to do it as per September visa bulletin. IF they dont have enough approvable 485s that are as per the Sept visa bulletin and if the approvable "ready to go" cases are past the priority dates of September bulletin, then they will be sitting unapproved as they CANT do any kind of "wild" approval.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
Lacris
08-12 12:53 AM
one of those who got labor approved fast from BEC...and slipped thru quickly....yes, I mean quickly even though it took 2.5 years
What BEC? BECs were established in March 2005.
What BEC? BECs were established in March 2005.
more...
skv
08-12 04:29 PM
Hi Lonedesi,
Thank you for your response. Are you saying that we can take a chance by just sending the letter which includes details such as A#, receipt numbers etc; without completed DHS Form 7001. This sounds to be good plan, where employer is not supporting. However., the only catch is, if employer knows about this later, it doesn't look good.
Please correct me , if I'm wrong about understanding yout statement.
Thanks again!
Thank you for your response. Are you saying that we can take a chance by just sending the letter which includes details such as A#, receipt numbers etc; without completed DHS Form 7001. This sounds to be good plan, where employer is not supporting. However., the only catch is, if employer knows about this later, it doesn't look good.
Please correct me , if I'm wrong about understanding yout statement.
Thanks again!
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gene77
04-12 11:45 PM
Nothing yet, RFE response received is all. Waiting ..
Got the card production e-mail today, thank you everyone for your endless support the past 7 years.
Got the card production e-mail today, thank you everyone for your endless support the past 7 years.
more...
map_boiler
07-05 01:17 PM
I just used the letter above (slightly edited) to email senators Bennett and Hatch from Utah.
Today I made my first $100.00 contribution to IV. Go IV!
Today I made my first $100.00 contribution to IV. Go IV!
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pappu
02-09 08:40 PM
Thanks Pappu. I have scheduled next conf call for Friday, 2/9 at 7.00 PM PST. Call 641-297-5900 PassCode 562404. Would you care to join?
I am joining.
I am joining.
more...
user2005
01-05 05:26 PM
It tracks the statuses of around 1800 people....
http://www.immigrationportal.com/showthread.php?p=1392408#post1392408
This seems to be very extensive tracker. Based on this data, we can make a close analysis of Philadelphia BPC.
In RIR queue, they are currently certifying applications with PD of Sep 2004. We can find some cases with PD later than Sep 04 with status Certified. Those are either lucky ones or those who already reached from SWA to DOL before ended up in BPC. We can find many cases with PD earlier than Sep 04 with status Letter Received. I do not have strong explanation. Those could be either pending in data review or ones who did not care to update their tracking info after being certified or unlucky ones :confused:
In Regular (TR) queue, they are still certifying ones that came from DOL.:mad:
http://www.immigrationportal.com/showthread.php?p=1392408#post1392408
This seems to be very extensive tracker. Based on this data, we can make a close analysis of Philadelphia BPC.
In RIR queue, they are currently certifying applications with PD of Sep 2004. We can find some cases with PD later than Sep 04 with status Certified. Those are either lucky ones or those who already reached from SWA to DOL before ended up in BPC. We can find many cases with PD earlier than Sep 04 with status Letter Received. I do not have strong explanation. Those could be either pending in data review or ones who did not care to update their tracking info after being certified or unlucky ones :confused:
In Regular (TR) queue, they are still certifying ones that came from DOL.:mad:
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redcard
08-12 12:44 PM
I totally agree that is a very unfair measure against the whole H1-B community and all of us here especially for lots of us who come from large Indian technology companies. Having said that, don�t we all agree that the mess we are in including the Green Card retrogression is driven by the fact that this H1-B system was grossly misused by the unscrupulous body shops and consulting companies run primarily by Indians in US. These companies not only reduced the quality of Indian Professionals which was sort after by American Technology companies but also has made the skill set of every Indian professional seeking a job doubtful because of the widespread practice of dressing up the resumes. I am sure this had to happen sooner or later and unfortunately the ethical Indian companies have also got caught in this.
On the other hand I think the good fall out of all this should be that large Indian companies like TCS and Infosys should move from service centric model to a product centric model. I personally think that a product centric company is much higher in value chain compared to a service oriented company. Unfortunately India which has one of the best technological brains cannot boast of single product like Windows or for that matter Peopelsoft, SAP which would not have been possible without the contribution of Indian Technology Professionals but were developed for international companies.
Unfortunately we tend of have the ability of exploiting everything that comes our way like the H1-B Visa system a crackdown of which comes down to effect the people who play by the book. It won�t be long before axe comes down on the EB-1 category of GC the way its being exploited.
On the other hand I think the good fall out of all this should be that large Indian companies like TCS and Infosys should move from service centric model to a product centric model. I personally think that a product centric company is much higher in value chain compared to a service oriented company. Unfortunately India which has one of the best technological brains cannot boast of single product like Windows or for that matter Peopelsoft, SAP which would not have been possible without the contribution of Indian Technology Professionals but were developed for international companies.
Unfortunately we tend of have the ability of exploiting everything that comes our way like the H1-B Visa system a crackdown of which comes down to effect the people who play by the book. It won�t be long before axe comes down on the EB-1 category of GC the way its being exploited.
more...
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biomd
09-09 09:13 AM
My Contribution of $100 sent in today by Google. Will be attending the 18th Rally.
C U Guys!.
C U Guys!.
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thomachan72
06-04 11:37 AM
OK here is a question.
Person working for past 4 years in the US.
Applied LC this February (2/26/07)
wants to go to canada, work there for a year and then reenter may be next year.
According to the new point based GC system--
1) Will the person get points for the 4 years of work in the US? (those 4 years were continuous, however, the person applies for GC after the canadian break of lets say 1 year)
Person working for past 4 years in the US.
Applied LC this February (2/26/07)
wants to go to canada, work there for a year and then reenter may be next year.
According to the new point based GC system--
1) Will the person get points for the 4 years of work in the US? (those 4 years were continuous, however, the person applies for GC after the canadian break of lets say 1 year)
more...
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newbee7
07-05 11:48 PM
Guys...digg this one religously..
For the first time one article connects our needs to what Americans are interested in; Homeland security.
For the first time one article connects our needs to what Americans are interested in; Homeland security.
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pmpforgc
03-07 09:22 AM
Not a single person on this thread criticizing will ever go back however much painful the greencard wait is. This is a ugly truth.
Life in USA is far better than India and will always be until India controls its population, curroption and poverty.
Unless india address issues of Population Growth ( now it is hard to walk in many places in big cities), Morality of the Peoples (govt can not do any thing about this, we as a people always take shortcuts aslong as it does not affect us personally !!!) Broken Judicial system ( Recent statement of supreme court tells they have enough court case to deal per judge for next few decades !!) Purity of air, water,milk, Increasing corruption and detoriation in quality of education (because of priviatization we have engineering , pharmacy and other technical education colleges in every village, 95% of them dont have faculty, labs etc and only care for profit, you can graduate as long as you pay fee for admission and pay fee for their annual due) (that is why our 90% of engineers are UNEMLOYABLE) THERE ARE many other issues to list here but all we know
If you go to our home country for short visit, you will probably like it , if you stay there more than three months and try to settle there again, you will start comparing all above to US and might feel that you made wrong choice of abondoning your GC process
Also in money we make in some big cities in our home country we can not buy a decent home to live in as real estate prices are so INFLATED and there is no body which regulates real estate in India. Prices double evey day. I dont know how local middle class which hardly make 2-3 lac per year can afford such properties.
After living long time in other country, it will be hard to adjust with people there. You will always face morality issue, duplicity in the people (what they talk and what they act, it is hard to trust) also artificial and selfish nature of so called social relations in home country (of which all we are proud of some how ) I find people and social relation here more frank and trust worthy (they are more open and close to reality) then our social structure where evry one try to take advantage of other some how under the so called social relations
So think three time about all these issue of long term before you try to abondon your GC process. All these isssues you will be facing in our home country no matter how much money you make. On long term your choice might hurt you. If you are fed up with immigration issues here try to open up other avenues for you along with this country.
Life in USA is far better than India and will always be until India controls its population, curroption and poverty.
Unless india address issues of Population Growth ( now it is hard to walk in many places in big cities), Morality of the Peoples (govt can not do any thing about this, we as a people always take shortcuts aslong as it does not affect us personally !!!) Broken Judicial system ( Recent statement of supreme court tells they have enough court case to deal per judge for next few decades !!) Purity of air, water,milk, Increasing corruption and detoriation in quality of education (because of priviatization we have engineering , pharmacy and other technical education colleges in every village, 95% of them dont have faculty, labs etc and only care for profit, you can graduate as long as you pay fee for admission and pay fee for their annual due) (that is why our 90% of engineers are UNEMLOYABLE) THERE ARE many other issues to list here but all we know
If you go to our home country for short visit, you will probably like it , if you stay there more than three months and try to settle there again, you will start comparing all above to US and might feel that you made wrong choice of abondoning your GC process
Also in money we make in some big cities in our home country we can not buy a decent home to live in as real estate prices are so INFLATED and there is no body which regulates real estate in India. Prices double evey day. I dont know how local middle class which hardly make 2-3 lac per year can afford such properties.
After living long time in other country, it will be hard to adjust with people there. You will always face morality issue, duplicity in the people (what they talk and what they act, it is hard to trust) also artificial and selfish nature of so called social relations in home country (of which all we are proud of some how ) I find people and social relation here more frank and trust worthy (they are more open and close to reality) then our social structure where evry one try to take advantage of other some how under the so called social relations
So think three time about all these issue of long term before you try to abondon your GC process. All these isssues you will be facing in our home country no matter how much money you make. On long term your choice might hurt you. If you are fed up with immigration issues here try to open up other avenues for you along with this country.
more...
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Lacris
08-17 09:07 PM
Hi,
Did anyone get a SSN with their passport expired?
My passport expired in April and the Romanian embassy doesn't renew passports for people who are not US permanent residents or citizens. What I could do was to make a letter of representation for someone in my country, get it certified at one of the Romanian consulates and send all the ORIGINAL documents thru mail in Romania. Since I'm a full time graduate student, even finding time to go to the nearest consulate was almost impossible. I was also worried that we might be asked to show up for an interview and would not have documents like passport or marriage certificate in hand. I talked to the lawyer and she said that if I don't plan to travel abroad, not having a valid passport is ok.
Yesterday I got the plastic card and today I went to apply for a SSN. The lady I talked to refused to take my application, saying that my Romanian passport is considered an "immigration document" and until I have an unexpired one, I should not try to get a SSN. Call me crazy, but since I am a permanent resident doesn't it mean I don't have to leave USA unless I want to???? And even more, how can a document issued by a foreign country be an immigration document, since I'm not applying for SSN based on a visa stamped in that passport.
If anyone went thru the same situation or has some advice for me, please answer.
Thank you
Did anyone get a SSN with their passport expired?
My passport expired in April and the Romanian embassy doesn't renew passports for people who are not US permanent residents or citizens. What I could do was to make a letter of representation for someone in my country, get it certified at one of the Romanian consulates and send all the ORIGINAL documents thru mail in Romania. Since I'm a full time graduate student, even finding time to go to the nearest consulate was almost impossible. I was also worried that we might be asked to show up for an interview and would not have documents like passport or marriage certificate in hand. I talked to the lawyer and she said that if I don't plan to travel abroad, not having a valid passport is ok.
Yesterday I got the plastic card and today I went to apply for a SSN. The lady I talked to refused to take my application, saying that my Romanian passport is considered an "immigration document" and until I have an unexpired one, I should not try to get a SSN. Call me crazy, but since I am a permanent resident doesn't it mean I don't have to leave USA unless I want to???? And even more, how can a document issued by a foreign country be an immigration document, since I'm not applying for SSN based on a visa stamped in that passport.
If anyone went thru the same situation or has some advice for me, please answer.
Thank you
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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
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surabhi
07-18 05:45 PM
Set up for $50 recurring contribution. Never in my life did I felt so charged up as I did in last few days. Thank you IV for inspiring.
I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.
I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.
pbojja
09-11 04:21 PM
We need to do some thing about it so that they dont repeat the same mistake again . Lets attach a message or real calculators along with flowers and start campign ..atleast we get the attention like we did in July 07
I know we are too scared of doing any thing because they have our applications to process ...I think this is the time to step up again ...
even though I m EB2 2006 applicant , I was so frustated to see 2006 approvals , how can they do that ? Why they move to 2006 in first place raise hopes and dash them in less than weeks ...
Come on lets do some thing..
I know we are too scared of doing any thing because they have our applications to process ...I think this is the time to step up again ...
even though I m EB2 2006 applicant , I was so frustated to see 2006 approvals , how can they do that ? Why they move to 2006 in first place raise hopes and dash them in less than weeks ...
Come on lets do some thing..
Humhongekamyab
03-03 01:47 PM
Actually you and I are "somebody" too!
Good one.
Good one.
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