Kodi
06-24 01:04 AM
As far as I know your country of origin doesn't matter under PERM. Correct me if I'm wrong.
wallpaper kissing wallpapers
aadimanav
06-10 11:28 PM
Source:
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
AILA just published the following information that they received from the Visa Office:
Department of State Advises of Dire State of Affairs on Visa Number Availability for Those Born in India or China!
Cite as "AILA InfoNet Doc. No. 09061032 (posted Jun. 10, 2009)"
Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). Mr. Oppenheim notes that the estimates provided on visa availability for the remainder of FY2009 were based on USCIS processing during the first 7 � months of the fiscal year, and any changes to USCIS processing patterns would impact availability. Mr. Oppenheim reported:
* The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.
* The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.
* The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.
* The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.
* The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.
* EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.
* EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.
* EB3 Worldwide will be unavailable the remainder of this fiscal year. As the Department of Labor cleared its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. The Department of State currently estimates that, as of October 1, 2009, the EB3 worldwide cut-off date will be March 1, 2003. There will be extended delays in this category.
* EB3 visas for India, China and Mexico applicants will be unavailable for the remainder of the fiscal year. It is estimated, based on current demand for visa numbers that as of October 1, 2009, the following cut-off dates could be established: China will be March 1, 2003; India will be November 1, 2001; and Mexico will be March 1, 2003. These estimates are based on "current demand" in the first 7 � months of FY2009, and a lot could change between now and early September when October dates are established.
* There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the Department of State awaiting visa numbers.
* There are 2.7 million family-based applicants on the waiting lists for consular processing. Note that this information was provided in the March Visa Bulletin. (See AILA InfoNet Doc. No. 9021063.)
* There could be approximately 50,000 employment-based applicants on the waiting lists for consular processing.
* Currently almost 90% of all employment-based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
AILA just published the following information that they received from the Visa Office:
Department of State Advises of Dire State of Affairs on Visa Number Availability for Those Born in India or China!
Cite as "AILA InfoNet Doc. No. 09061032 (posted Jun. 10, 2009)"
Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). Mr. Oppenheim notes that the estimates provided on visa availability for the remainder of FY2009 were based on USCIS processing during the first 7 � months of the fiscal year, and any changes to USCIS processing patterns would impact availability. Mr. Oppenheim reported:
* The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.
* The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.
* The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.
* The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.
* The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.
* EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.
* EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.
* EB3 Worldwide will be unavailable the remainder of this fiscal year. As the Department of Labor cleared its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. The Department of State currently estimates that, as of October 1, 2009, the EB3 worldwide cut-off date will be March 1, 2003. There will be extended delays in this category.
* EB3 visas for India, China and Mexico applicants will be unavailable for the remainder of the fiscal year. It is estimated, based on current demand for visa numbers that as of October 1, 2009, the following cut-off dates could be established: China will be March 1, 2003; India will be November 1, 2001; and Mexico will be March 1, 2003. These estimates are based on "current demand" in the first 7 � months of FY2009, and a lot could change between now and early September when October dates are established.
* There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the Department of State awaiting visa numbers.
* There are 2.7 million family-based applicants on the waiting lists for consular processing. Note that this information was provided in the March Visa Bulletin. (See AILA InfoNet Doc. No. 9021063.)
* There could be approximately 50,000 employment-based applicants on the waiting lists for consular processing.
* Currently almost 90% of all employment-based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.
mrajatish
04-26 10:00 AM
On a side note, some countries have treaty with US where there SS/Medicare is moved to the SS/Medicare systems in these countries. If India/China had these treaties, we would be well served. Instead of asking the US govt. to fix the problem, we should push our governments to solve this - I believe NASSCOMM has been trying something like this.
And this is a completely separate issue from getting GC here, if you want GC here, you should focus on getting that instead of getting your SS back. However, there might be a percentage who wants to go back after 6 years in H1 and they should form an alliance and push the Indian/Chinese/other govts to act on their behalf to get their money back.
It is important that we get a single message across to law makers now - reduce Green card wait times and make employees less dependent on the whims of the employers regardless of your category of application and country of birth.
And this is a completely separate issue from getting GC here, if you want GC here, you should focus on getting that instead of getting your SS back. However, there might be a percentage who wants to go back after 6 years in H1 and they should form an alliance and push the Indian/Chinese/other govts to act on their behalf to get their money back.
It is important that we get a single message across to law makers now - reduce Green card wait times and make employees less dependent on the whims of the employers regardless of your category of application and country of birth.
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ndbhatt
02-24 08:30 AM
If one can handle stress, anxiety and trauma while waiting for GC, then its worth waiting. If not, people like me start looking at options. I applied for Canadian PR in 2008 and just did CDN landing last week which gave my family feel of "cold weather".
I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.
We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.
Bhattji
I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.
We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.
Bhattji
more...
Green.Tech
06-18 11:54 AM
Today's Funding Drive Requirements, We are looking for
Two 500$ heroes (EB1) or
Ten 100$ heroes (EB2) or
Twenty 50$ heroes (EB3) or
Any combination of above* Classification is for fun, no offense
Good one wandmaker!
Got one hero today (thanks pointlesswait)...Where are other heroes?
Two 500$ heroes (EB1) or
Ten 100$ heroes (EB2) or
Twenty 50$ heroes (EB3) or
Any combination of above* Classification is for fun, no offense
Good one wandmaker!
Got one hero today (thanks pointlesswait)...Where are other heroes?
diptam
07-06 02:42 PM
Ooh - you are right !!! It took me more time to write the above than it took 25 USCIS workers to approve 25,000 I-485's... (48 hrs X 60 mins X 25) / 25000 = 3 mins.
They are thinking us dumb fools because we are immigrants and we have to accept whatever they say !!
I doubt if anyone was denied. They have to approve anyone and everyone to meet the numbers.
They are thinking us dumb fools because we are immigrants and we have to accept whatever they say !!
I doubt if anyone was denied. They have to approve anyone and everyone to meet the numbers.
more...
srinivas06
09-10 05:03 PM
Hello!
If possible can you allow people to donate any amount they want?
I did $100 donation and transaction Id is 4V64496321804025H. I have sent this information to all of my friends. There might be some people who want to donate but less than $100 one time donation.
My understanding is that IV is having around 24,000 members and even if everybody donates $2 then it will be around $46K. So if possible please send a mail to all the members to do at least $5 donation.
Thanks and Regards
If possible can you allow people to donate any amount they want?
I did $100 donation and transaction Id is 4V64496321804025H. I have sent this information to all of my friends. There might be some people who want to donate but less than $100 one time donation.
My understanding is that IV is having around 24,000 members and even if everybody donates $2 then it will be around $46K. So if possible please send a mail to all the members to do at least $5 donation.
Thanks and Regards
2010 Kiss Wallpaper, Kissing
gondalguru
07-18 05:16 PM
Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.
How sure r u about this?? I think it is the other way around.
How sure r u about this?? I think it is the other way around.
more...
spicy_guy
09-01 11:30 AM
Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
Oh man! Landed here in 1998. But your PD is 2008 and IN EB3?!?!?
You must be the oldest person in this thread as well. :D
Survived 2 recessions
No hope as labour filled in eb3
Oh man! Landed here in 1998. But your PD is 2008 and IN EB3?!?!?
You must be the oldest person in this thread as well. :D
hair couple kissing wallpapers.
insbaby
07-24 08:13 AM
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
I applied for PERM in Sep 2006 - EB3 - India.
I applied for I-140 and I-485 concurrently in Jun 2007.
If your PD is Sep 2006, how could you file I-485 in Jun 2007? Your dates are current only in July 2007.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
I applied for PERM in Sep 2006 - EB3 - India.
I applied for I-140 and I-485 concurrently in Jun 2007.
If your PD is Sep 2006, how could you file I-485 in Jun 2007? Your dates are current only in July 2007.
more...
sayantan76
01-05 10:33 PM
I never came here to study. Have you heard of IIT/REC's in India. I understand there are other colleges/universities in india which your are describing here or u might have studied there but same is true for US as all universities are not A grade. There is a way to tell the fact, not to exaggerate and that too by an indian. if an american say this i can understand that he is ignorant about the facts.
Anyways all the best for Green Green Card. I can understand the desperation
i agree with you Karan and totally disagree with Gayatri. I routinely interview undergrad and MBA grad students on campus from top 10-15 universities/ b-schools in US for my company's management analyst and associate programs.
I do not find any material difference one way or the other in the quality of output between here and India (i cant speak to MS or other grad programs). Just because we are here does not mean we have to go out of the way to either short-sell our respective motherlands or indulge in trash talk about our home country to make us look more "american". And FYI - quotas are no different from affirmative action.
In fact, i read either in NY Times or Wall Sreet Journal a couple of days back that Japan is now "in awe" of indian basic school education and latest fad in Tokyo is Indian schools or schools that use Indian teaching methodology and employ indian teachers.
Anyways all the best for Green Green Card. I can understand the desperation
i agree with you Karan and totally disagree with Gayatri. I routinely interview undergrad and MBA grad students on campus from top 10-15 universities/ b-schools in US for my company's management analyst and associate programs.
I do not find any material difference one way or the other in the quality of output between here and India (i cant speak to MS or other grad programs). Just because we are here does not mean we have to go out of the way to either short-sell our respective motherlands or indulge in trash talk about our home country to make us look more "american". And FYI - quotas are no different from affirmative action.
In fact, i read either in NY Times or Wall Sreet Journal a couple of days back that Japan is now "in awe" of indian basic school education and latest fad in Tokyo is Indian schools or schools that use Indian teaching methodology and employ indian teachers.
hot Kissing Wallpapers
santb1975
05-25 02:31 PM
The amendments were on the senate side and the HR bills are from the house side. Please contact your state chapter lead (walking_dude for MI) for updates and find out what's happening. We have lot of work to do and we really need volunteers. I am unable to post any info. on this public forum which is open to the world.
so the amendmants which were linked to war bill are differant than all this HR bills.....?
so the amendmants which were linked to war bill are differant than all this HR bills.....?
more...
house again kissing wallpapers,
tinamatthew
07-20 12:57 PM
Hey make sure that I am right by talking to an attorney. They usually charge $150 for for this suggestion. Please spend that money. If you do not have that money, I will give you a loan. Pay me back once you start working.
:)
:)
tattoo wallpaper couple kissing in
.jpg "lip Kissing wallpapers")
matreen
10-17 01:58 AM
Guys,
I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,
Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).
Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)
Is that going to cause any problem to my 485 process?
Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?
I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..
Thanks,
M
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,
Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).
Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)
Is that going to cause any problem to my 485 process?
Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?
I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..
Thanks,
M
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
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gomirage
07-20 01:51 PM
i was thinking the same thing did we take our eyes off the ball. Seems like people towed the part line during the vote but it still seems like a miss
Yes, I was also thinking how did IV radar screen missed such an important vote. I hope it's not because we were so busy celebrating I-485.
I hate to think a call to few senators would have fixed the whole problem to everybody. Please lets refocus guys on a permanent fix.
Yes, I was also thinking how did IV radar screen missed such an important vote. I hope it's not because we were so busy celebrating I-485.
I hate to think a call to few senators would have fixed the whole problem to everybody. Please lets refocus guys on a permanent fix.
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fromnaija
06-01 05:02 PM
All this is speculative. Nothing is firm until this becomes law. Nobody knows what the final version will be as there are tons of amendments trailing this bill.
The current form of the bill states that only those with approved I-140 as of date of introduction will be processed under existing laws. Those with approved LC who filed 140 after the introduction date will have to re-apply under the merit based system.
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
The current form of the bill states that only those with approved I-140 as of date of introduction will be processed under existing laws. Those with approved LC who filed 140 after the introduction date will have to re-apply under the merit based system.
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
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07-15 10:16 PM
Thanks
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buddyinus
08-11 01:27 PM
A freind of mine called. He did NOT hear such thing from NSC. He even refefrenced this discussion
Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.
Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.
singhsa3
07-20 01:27 PM
Brother, the whole point of making them accept our application was to get interim benefits. If those get delayed then obviously we all should be concerned.
It makes me laugh. Everyone screams and jumps up and down that they can't be part of a 750,000 person flood to USCIS.
And then they get that right.
And then they get all mad that they have to wait for their EADs.
I don't see how USCIS could ever make anyone happy!
It makes me laugh. Everyone screams and jumps up and down that they can't be part of a 750,000 person flood to USCIS.
And then they get that right.
And then they get all mad that they have to wait for their EADs.
I don't see how USCIS could ever make anyone happy!
sugaur
03-05 10:36 PM
Wifes I485 got soft LUD on 1/9/09.
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