FSL
09-10 02:13 PM
So what happens if your PD got current and I-140 approved? What happens next? Whats the next hurdle?
Thanks
Thanks
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BharatPremi
07-05 05:22 PM
I called my congressmans office and made them aware of the issue. He is Gary Miller 42nd district of CA.
O.K. I got your senator and your state. That is good. I have also played my part and have done that infact yesterday. Thanks. In the process I also learned that , Calling to out of state senators would not be entertained..
As lon as we are playing parts at our state level... that's good enough
O.K. I got your senator and your state. That is good. I have also played my part and have done that infact yesterday. Thanks. In the process I also learned that , Calling to out of state senators would not be entertained..
As lon as we are playing parts at our state level... that's good enough
leo2606
08-12 12:59 PM
I don't think so, all centers which handle 485s will look at the application delivered date as the the RD.
I was asking this because some agencies consider the post marked date as the date the appllication was filed. But thanks for the response
I was asking this because some agencies consider the post marked date as the date the appllication was filed. But thanks for the response
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Milind123
09-14 12:34 AM
Paypal Confirmation Number: 7GT536924Y063193D
Thank you dtekkedil for the nice contribution of $200 and I also thank ivvm for contributing $50. Normally our special guest fires at the end. But because he fired first lets have this round in reverse. I will post my contribution now. Still need 3 more brand new contributors to contribute $100 each.
Thank you dtekkedil for the nice contribution of $200 and I also thank ivvm for contributing $50. Normally our special guest fires at the end. But because he fired first lets have this round in reverse. I will post my contribution now. Still need 3 more brand new contributors to contribute $100 each.
more...
nk2006
10-16 04:29 PM
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: Ombudsman
======================
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
=======================
============================
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
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: Ombudsman
======================
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
=======================
============================
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
chanduv23
09-12 02:04 PM
Actually,
why do they even have to locate old files physically?
All the data about case file number (LINXXX, SRCXX, etc), status and the associated priority date is in a single/distributed database (else we would not be able to check our status online )
WHY CAN'T USCIS NOT RUN A QUERY AGAINST THIS DATBASE....?
Easier said than done - we have no clue what they do - what pattern they follow - but what has happened clearly suggests that there are many disconnects and there are always excuses.
The flood of approvals that come during end of fiscal year is just to avoid issues with questions raised for inefficiency
why do they even have to locate old files physically?
All the data about case file number (LINXXX, SRCXX, etc), status and the associated priority date is in a single/distributed database (else we would not be able to check our status online )
WHY CAN'T USCIS NOT RUN A QUERY AGAINST THIS DATBASE....?
Easier said than done - we have no clue what they do - what pattern they follow - but what has happened clearly suggests that there are many disconnects and there are always excuses.
The flood of approvals that come during end of fiscal year is just to avoid issues with questions raised for inefficiency
more...
bajrangbali
06-11 10:52 AM
That is $5 billion not %50 billion. This number makes no difference, NYSE trades shock values more then that amount per second.
Thank you..I corrected it. It might make no difference, but when you think about US banks begging for $25 billions each just a few months ago, I dont think you will have the same feeling.
Thank you..I corrected it. It might make no difference, but when you think about US banks begging for $25 billions each just a few months ago, I dont think you will have the same feeling.
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DDash
07-15 12:22 AM
Just kidding....donated $25...Way to Go IV!
more...
trueguy
08-04 05:14 PM
IV is you me and everybody else. We saw since morning how people are trying to scuttle the idea by giving various and weird reasonings. What is important is writing them. And telling them the gravity and urgency of the situations. words like bonded should be bolded as the truth is 'Yes' in this free American Society we have lived a 'bonded' life...
mirage, I am not trying to turn down this effort. In Fact, I have sent at least 50 letters as part of IV campaigns and I have written so many on my own. All I was saying that we need a professional letter that will have better impact. Once we have the letter ready, I will be the first one to send it out.
mirage, I am not trying to turn down this effort. In Fact, I have sent at least 50 letters as part of IV campaigns and I have written so many on my own. All I was saying that we need a professional letter that will have better impact. Once we have the letter ready, I will be the first one to send it out.
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chanduv23
05-18 04:33 PM
Hi Chanduv23,
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
more...
abhishek101
07-20 05:36 PM
All of us have to understand the Democrats are against all the legal immigrants. Sen Boxter and Feinstein have made it clear in their past statements that they oppose, any high skilled immigration.
And the story is same across for all Democrats.
So all of us have to pledge that we will be Republicans for life once we become citizens.
And the story is same across for all Democrats.
So all of us have to pledge that we will be Republicans for life once we become citizens.
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sunny1000
04-30 05:01 PM
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
Hope this comes true.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
Hope this comes true.
more...
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conundrum
04-30 11:06 AM
does the new 180 days rule apply to these numbers if they are not counting the ones stuck in name check?
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vactorboy29
07-20 11:14 PM
Check this web site and do ur calculations;
http://www.dhs.gov/xabout/structure/gc_1183751418157.shtm
Thanks,
Ashish
http://www.dhs.gov/xabout/structure/gc_1183751418157.shtm
Thanks,
Ashish
more...
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kaizersoze
07-18 05:16 PM
Contributed $100. Will sign up for recurring.
Also referred many of my friends to this site who are also contributed.
Paypal Transaction ID: 8M951494VW646135K
We all love IV.
u rock :)
Also referred many of my friends to this site who are also contributed.
Paypal Transaction ID: 8M951494VW646135K
We all love IV.
u rock :)
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cygent
09-02 08:04 PM
Oh man! Landed here in 1998. But your PD is 2008 and IN EB3?!?!? Originally Posted by kalinga_sena
* Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
You must be the oldest person in this thread as well. :D
In my signature... 13 yrs.; '97 as student, survived 2 recessions & a huge bloodsucker from '00 (who has since been sued & investigated & closed). Tried to leave, but H1 issues kept me. By Luck, hard work & planning managed to file 140/485 in '07 & by God's grace 140 approved 12/08, which enabled me to leave aforementioned bloodsucker. Working on EAD since 10/08.
* Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
You must be the oldest person in this thread as well. :D
In my signature... 13 yrs.; '97 as student, survived 2 recessions & a huge bloodsucker from '00 (who has since been sued & investigated & closed). Tried to leave, but H1 issues kept me. By Luck, hard work & planning managed to file 140/485 in '07 & by God's grace 140 approved 12/08, which enabled me to leave aforementioned bloodsucker. Working on EAD since 10/08.
more...
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radhay
04-17 01:59 PM
I have closed on two mortgage loans recently and found that Loan Underwriters don't understand EAD/ AOS applications. For my original loan with Pulte Mortgage I explained them that AOS is a period authroized stay by Attorney General until Green card is approved. When they still didn't understand I had to bump my down payment to 20% which apparently puts less resrtictions (By Fannie Mae guidelines).
When I refinanced this week with PFCU (pentagan federal CU) I sent them EAD copies and they were OK with it.
When I refinanced this week with PFCU (pentagan federal CU) I sent them EAD copies and they were OK with it.
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ragz4u
03-16 10:07 AM
The number to call is 202-737-3220. Tell the receptionist that the Judiciary Committee hearing cannot be heard from Dirksen Rm 226 and that it is extremely important for you to hear this live as it unfolds
If a lot of folks call, they will make sure it works!
If you call up, leave a post here so we know that you have called too....
Lets get going guys....
If a lot of folks call, they will make sure it works!
If you call up, leave a post here so we know that you have called too....
Lets get going guys....
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villamonte6100
04-01 09:53 AM
Alright Guys, Let's ignore this Dard-e-disco guy he doesn't deserve a second of our time. To answer your question, one thing atleast USCIS can give us is, Release data like How many applications they have already received from Major Green Card Seeking countries and in which EB categories. All this data they would have entered in their computers, They can easily run these kind of reports, I'm sure they'll be having some Data Warehousing softwares. So atleast everybody of know where we stand today and stop predicting cut-off dates etc. etc.
They can also make sure they send our APs and EADs in less than 90 days....
Why ignore him? He's got a very valid point. You can't just abuse USCIS everytime your GC is delayed. Our GCs are delayed too.
IV is trying its best to help resolve this issue but that's all we can really do. We are aliens on a foreign land. If we don't like the way things are going here, we can always go back to our country. We are free to go.
Blaming USCIS will not help. Dura Lex Sed Lex (The law is hard, but it's the law).
They can also make sure they send our APs and EADs in less than 90 days....
Why ignore him? He's got a very valid point. You can't just abuse USCIS everytime your GC is delayed. Our GCs are delayed too.
IV is trying its best to help resolve this issue but that's all we can really do. We are aliens on a foreign land. If we don't like the way things are going here, we can always go back to our country. We are free to go.
Blaming USCIS will not help. Dura Lex Sed Lex (The law is hard, but it's the law).
gc_check
03-05 09:46 PM
My PD is March-2003 and I didn't get the labor cleared till Late 2006
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
Prior to BEC, the Labor certs need to clear the state and then regional processing center. Stated like NJ, NY, CA, etc the wait time for Labor was years, while Iowa, MA, etc cleared labor in few months and many lucky folks got the GC from start / labor to 485 approval in 15-18 months... The unlucky ones (me included) are stuck now even with earlier PD in AOS... Hope something good happens in second half of FY09 atleast.... for all
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
Prior to BEC, the Labor certs need to clear the state and then regional processing center. Stated like NJ, NY, CA, etc the wait time for Labor was years, while Iowa, MA, etc cleared labor in few months and many lucky folks got the GC from start / labor to 485 approval in 15-18 months... The unlucky ones (me included) are stuck now even with earlier PD in AOS... Hope something good happens in second half of FY09 atleast.... for all
StarSun
04-29 03:16 PM
State chapter leaders and all other members, please contact me about the campaign.
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