sandy2575
08-11 07:30 PM
I am July 2nd filer, Got finger print notice from NSC with notice dated 8/7.
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yabadaba
09-12 12:55 PM
Dear Reporter
On September 18th thousands of LEGAL TAX PAYING immigrants will unite to bring attention to the plight of waiting years in line with no end in sight.
No flags, no anger, no fodder for Lou Dobbs; this will be the most peaceful march that Washington has ever seen, inspired by the philosophy of Mahatma Gandhi.
This rally will not be country specific; People affected by this bureaucratic nightmare come in all shapes, colors and nationalities.
This is a time for all LEGAL immigrants to renew their tryst with destiny. The unworkable Comprehensive Immigration Reform bill that would have added decades to the wait time of LEGAL immigrants is now dead. Piecemeal approach bills are being introduced both in the house and the senate. We are standing and making our case - We are professionals, we are highly skilled and we deserve a fair immigration process.
Our case is not complicated, all that is required is tweaking of numbers so that the antiquated immigration policies can be adjusted to the realities and requirements of the 21st Century.
Thousands of people will march from the Washington Monument to the Capitol building on September 18 at 11 AM.
Any coverage of this event would be appreciated.
Thank you
Regards
Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.
On September 18th thousands of LEGAL TAX PAYING immigrants will unite to bring attention to the plight of waiting years in line with no end in sight.
No flags, no anger, no fodder for Lou Dobbs; this will be the most peaceful march that Washington has ever seen, inspired by the philosophy of Mahatma Gandhi.
This rally will not be country specific; People affected by this bureaucratic nightmare come in all shapes, colors and nationalities.
This is a time for all LEGAL immigrants to renew their tryst with destiny. The unworkable Comprehensive Immigration Reform bill that would have added decades to the wait time of LEGAL immigrants is now dead. Piecemeal approach bills are being introduced both in the house and the senate. We are standing and making our case - We are professionals, we are highly skilled and we deserve a fair immigration process.
Our case is not complicated, all that is required is tweaking of numbers so that the antiquated immigration policies can be adjusted to the realities and requirements of the 21st Century.
Thousands of people will march from the Washington Monument to the Capitol building on September 18 at 11 AM.
Any coverage of this event would be appreciated.
Thank you
Regards
Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.
gcnirvana
08-07 12:53 PM
Got it this time...looks like a refresh issue. Thanks!
Hi,
No,it is edited now.go thru the link once again and see.It is edited to 7/1/2007.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
Hi,
No,it is edited now.go thru the link once again and see.It is edited to 7/1/2007.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
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oliTwist
08-12 03:09 PM
Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.
Does anyone know such a bootlicker getting EB1c based GC? I wonder what a smart aleck that guy must been. There was a piece on NYT about India's penchant with lines and cutting lines by the uppity mongers..:D
Does anyone know such a bootlicker getting EB1c based GC? I wonder what a smart aleck that guy must been. There was a piece on NYT about India's penchant with lines and cutting lines by the uppity mongers..:D
more...
willwin
04-03 10:00 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.
Amen.
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.
Amen.
jonty_11
07-06 11:22 AM
Just a thought that there are other anti immigrant groups also visiting our website. We are frustrated and angry but all these comments that we are writing are also read by other people and will be used against us to make things harder. Also the general feeling is that American people dont really care or want to understand about GC. For them especially groups like NumberUSA etc want us out. So please stop feeding ideas into people's head without knowing facts. Assumptions are not facts.
Totally concurr...Just follow ur heart and IV.....
Go IV go!!
here is Oh Law firms take on NYT report - sorry if its a repost
========================
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge.
Totally concurr...Just follow ur heart and IV.....
Go IV go!!
here is Oh Law firms take on NYT report - sorry if its a repost
========================
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge.
more...
saimrathi
08-10 11:42 AM
No checks cashed for us yet.. check my signature for details..
We still haven't got ours, wondering if others have got it or are still waiting like us. No info on check cashed too.
We still haven't got ours, wondering if others have got it or are still waiting like us. No info on check cashed too.
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digital2k
05-10 11:47 AM
Those who are waiting, pls call...
more...
greencard_fever
03-04 06:29 PM
I checked the online status of our 485 application after long time..i totally lost hope on our 485 applications that USCIS ever bothered to work on them..but strange thing is i have noticed a soft LUD on my wifes case..this gives me some hope..:D
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venky08
01-05 11:18 PM
i think the quality of education is not that big of a deal. both countries do well on their sides. it is the rewards associated with a certain type of education that is important...it just so happens that while people of our generation (mostly generation X) were studying management/law/finance in US, people in india were studying engineering/science and math...that being the rewarding career of choice for the masses in respective countries.
Indian people are doing well here as a community and will do well in years to come. this is because they saw opportunity and freedom as they never saw before in this country...they wanted to make the best of it and couldnt wait to do an excellent job and in turn reap rewards of honest hard work.
Unfortunately due to the protectionist business environment before 1992, before Manmohan Singh then finance minister open the economy for free trade the economy couldnt generate sufficient opportunities for the masses. that is the reason why people took great efforts to immigrate to US and achieve great success.
what we see today in India are the good effects of free trade policies which started in 1992. It took almost a decade to see them conspicuously. i am so happy that India now offers promising careers to its engineers that were very scarce 15-20 years ago.
Indian people are doing well here as a community and will do well in years to come. this is because they saw opportunity and freedom as they never saw before in this country...they wanted to make the best of it and couldnt wait to do an excellent job and in turn reap rewards of honest hard work.
Unfortunately due to the protectionist business environment before 1992, before Manmohan Singh then finance minister open the economy for free trade the economy couldnt generate sufficient opportunities for the masses. that is the reason why people took great efforts to immigrate to US and achieve great success.
what we see today in India are the good effects of free trade policies which started in 1992. It took almost a decade to see them conspicuously. i am so happy that India now offers promising careers to its engineers that were very scarce 15-20 years ago.
more...
mpadapa
09-29 07:07 AM
Looks like USCIS did all the easy work in June and now they are getting to grip with the reality (that they cannot process even 140K GC in a year!!!). How shameful. May be all the USCIS folks worked so hard during the last few weeks in June that they would have taken a long break from work after June:D:D
If there is a official press release regarding the visa number wastage, then we can take that along with the July 2 visa bulletin and meet with lawmakers to get some accountability from USCIS. This is BS.
Oh Law Firm Update :
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
If there is a official press release regarding the visa number wastage, then we can take that along with the July 2 visa bulletin and meet with lawmakers to get some accountability from USCIS. This is BS.
Oh Law Firm Update :
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
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amitjoey
07-18 04:29 PM
I do agree , but I do not see any $20 contribution in google checkout or paypal.We have to mail the checks.I guess we can get more donations if we include $25,$50,$75 contributions in google checkout as well as paypal.Correct me If I am missing some thing.
This has been discussed before, People can send in checks of whatever denomination or pay it thru their banks - Set it up as automatic payment every month if they like. (for smaller denominations).
$50 monthly is minimum. In any case, is $50 a big amount? for such a cause?
This has been discussed before, People can send in checks of whatever denomination or pay it thru their banks - Set it up as automatic payment every month if they like. (for smaller denominations).
$50 monthly is minimum. In any case, is $50 a big amount? for such a cause?
more...
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485Mbe4001
11-09 05:03 PM
count me in, i am in Irvine, south of LA. If i can be of any help please let me know. I have already done the emailing part, most of the people i know are already members IV.
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django.stone
03-05 11:51 AM
My case does not have a LUD.
more...
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indyanguy
07-11 11:30 AM
No good news for me. I am EB3-I.
By the way, if the PD is current for those who have already applied for I-485, does it mean they are guaranteed to get their GCs processed? What if EB2-I becomes U in September? Just wanted to know the importance of a PD becoming current for folks who have already applied for 485.
Thanks
By the way, if the PD is current for those who have already applied for I-485, does it mean they are guaranteed to get their GCs processed? What if EB2-I becomes U in September? Just wanted to know the importance of a PD becoming current for folks who have already applied for 485.
Thanks
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dreddy
10-05 02:54 PM
first applied in 2002 and changed company in 2006..still waiting to apply 485
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pd_recapturing
11-25 09:37 PM
bkn96, Thanks a lot for this information.
Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?
Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?
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Libra
07-06 10:26 AM
First of all i want to say is nixstor cool down, you dont have to use bad words to say anything, even though you spell wrong people can read it right.
The whole name check system itself not working properly, everybody knows it, there are criminals who got clearance and there are innocents stuck for years, so its a chance to make FBI think about their system.
Shyt! This is what I call shooting in one's own foot. C mon, Fcuk it up so bad that we will dig a big hole that we won't ever come out again. Please read my other post and think for a minute before you do this again and again
Diptam & Saim,
Please change these security lapses thing. You might be hurting yourselves in the long run. If You are thinking that this is not a big issue in DOS/USCIS, You are mistaken. This is a hot button issue in both agencies. Focus on quality of life issues and other losses incurred. Do not play with security. Its going to come back and hurt us. Please Go ahead and change these security lapse crap.
The whole name check system itself not working properly, everybody knows it, there are criminals who got clearance and there are innocents stuck for years, so its a chance to make FBI think about their system.
Shyt! This is what I call shooting in one's own foot. C mon, Fcuk it up so bad that we will dig a big hole that we won't ever come out again. Please read my other post and think for a minute before you do this again and again
Diptam & Saim,
Please change these security lapses thing. You might be hurting yourselves in the long run. If You are thinking that this is not a big issue in DOS/USCIS, You are mistaken. This is a hot button issue in both agencies. Focus on quality of life issues and other losses incurred. Do not play with security. Its going to come back and hurt us. Please Go ahead and change these security lapse crap.
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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
alterego
10-01 09:51 PM
I think there will not much visa numbers unused. If at all, it may be in few hundreds. We are thinking our point of view, even wasting one visa number is ridiculus based on number peoples are waiting. However, the INA states that every year "not more than 140,000 EB visas should be issued".It sets only upper limit not the lower limit. Therefore DOS has be more vigilant in not exceding 140K. By doing so, there may be a few wastage of numbers. If they issue 120K instead of 140K, it is not the violation of law. Insted if they issue 141K it is vialotion of law.
However, if the wastage is more than few hundreds it is definitly not acceptable.
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
However, if the wastage is more than few hundreds it is definitly not acceptable.
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
WillIBLucky
12-19 09:00 AM
If "you" meant me then FYI, I have contributed before and will be contributing again. I am no sencond thoughts on what IV core memebers are trying to achive and why they need money. I completely understand the need.
What am I saying is IV has done everything for Lame Duck session to try and get the bill passed. More money then would not have helped is what I think. Yes we could do better from the lessons we learnt from that day. We definetly need money for all this purpose. Most of the members here understand that and want to contribute too but you cannot expect everyone to be in a position to contribute due to various factors.
But you should not say that you are spending a lot of money on lawyers but members pay lawyers as there is no alternative. You would not be a part of IV if your GC is not filed and affected by retrogression. To get to being retrogressed you should pay the lawyers as without labor and i-140 you are not there yet.
Senator sessions was the key due to the lame duck session rules but going forward as i understand a majority can pass the bill..not ever one need to vote for the bill.
Money would help core do activities like setting up the web site, faxes, going to DC, educating law makers...nothing comes free in this world.
I am sure core team would like to post the account details on this web site and be done with it. And may be list down the number of hours and money they have spent from their personal accounts too. But there are some issues with that. We can always call them up for details if that is what is holding you from contributing. Its only a phone call away.
What am I saying is IV has done everything for Lame Duck session to try and get the bill passed. More money then would not have helped is what I think. Yes we could do better from the lessons we learnt from that day. We definetly need money for all this purpose. Most of the members here understand that and want to contribute too but you cannot expect everyone to be in a position to contribute due to various factors.
But you should not say that you are spending a lot of money on lawyers but members pay lawyers as there is no alternative. You would not be a part of IV if your GC is not filed and affected by retrogression. To get to being retrogressed you should pay the lawyers as without labor and i-140 you are not there yet.
Senator sessions was the key due to the lame duck session rules but going forward as i understand a majority can pass the bill..not ever one need to vote for the bill.
Money would help core do activities like setting up the web site, faxes, going to DC, educating law makers...nothing comes free in this world.
I am sure core team would like to post the account details on this web site and be done with it. And may be list down the number of hours and money they have spent from their personal accounts too. But there are some issues with that. We can always call them up for details if that is what is holding you from contributing. Its only a phone call away.
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