Monday, June 27, 2011

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  • skv
    06-22 03:13 PM
    so it is tied to the applied applications can you not check someones elses application
    -M

    The employer can establish an account for an attorney or other agent at http://www.plc.doleta.gov. It's unique PERM cases filed by that employer.




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  • whiteStallion
    09-10 04:54 PM
    I still don't get it how USCIS works...:( Guess its high time somebody from USCIS writes a book or whitepaper on this subject. Or some post-grad can try writing a thesis on this to get their PhD! :rolleyes:




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  • 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




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  • abhijitp
    07-06 02:48 PM
    We should learn something from USCIS.. If they have worked hard for 48 hours on last weekend, we should work more this weekend and do whatever we can to help core members.
    __________________________________________________ ______________

    I second that!



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  • inspectorfox
    09-18 11:46 PM
    dont go to the edison kilmer road dmv..those guys are waiting for a reason to refuse.. even my white american friends have had problems there..lol

    This is the worst DMV in NJ... You may be better off going to Jersey City, Princeton or anywhere else.




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  • Green.Tech
    06-17 02:55 PM
    ..willing to contribute today?



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  • texanmom
    09-12 01:35 PM
    Macaca-

    If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!

    "Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
    This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
    So overall, we are talking 10+ years to get permanant residency in a majority of cases.

    "Skilled immigrants have waited patiently for 2+ years"
    Are we just talking about 2 yrs to see if there is going to be some reform?

    If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....




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  • eb3_nepa
    03-13 02:26 PM
    by all means Logi, drink up, just take a cab home ;)



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  • mirage
    04-02 12:07 PM
    If only I had sent flowers to USCIS they would have been in trash, but you know where those 1000s of bouquets landed. I will certainly write them, on this forum everybody's is throwing ideas if an idea is good and like by others we get support and that's when a campaign start. Regarding predicting, wouldn't it be good for us to know if they received 20K EB2 application for India with PD 2003 and 40K application for EB3 in 2003 so instead of looking at Visa cutoff dates we can pack our bags....
    Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.

    Also, to stop predicting, I guess you just have to stop predicting.




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  • immi_enthu
    09-28 06:36 PM
    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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  • WillIBLucky
    12-18 02:59 PM
    I think you do have to change your ideas in this case. Its very simple we cannot do what you plan to do. Lobbying is the only way for us. Illegals did that because they did not anything to loose. We are not in that situation, GC would be nice to have else we can go home or another country and we can survive.
    So instead of waisting our time in talking about this, we should try to add members and contribute. I know you are an active member but I am just telling.
    first, I don't know what you mean by "Senior Member like you coming up with this idea". Seniority on this site I think is by how long the have been registered. Second, even if it means older members, what does age have to do with this idea?

    I have already said that most IV members (clearly you are one) are opposed to this.
    My thoughts happen to be different from yours, and I dont plan on changing my ideas anytime soon.

    Of course for this to work there has to be a signficant number of participants, otherwise actually nothing is going to work. And even with significant participation, there are no guarantees: look at how many people called Sen Sessions, but still made no difference.

    Last, dont you guys get vacation?? Who is talking abut losing money? If you are paid hourly then dont take part.
    and if you dont agree you dont need me to tell you dont be a part of this.

    But, as mentioned many, many, many times before, I am for this idea, or something that gets attention in a big way.




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  • evildead
    10-22 08:13 AM
    you could have sent a porting request letter along with the i140 application



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  • delhikadesi
    09-14 12:44 AM
    whats wrong with you guys...you guys are filed in EB3 category...does not mean that you are less then any EB2 person.

    cant you understand one simple logic? EB2 category(not an individual) will get cards sooner then EB3 category.

    So if you were eligibile or had a choice, why you chose EB3????
    now since you did choose, you are supporting this backgate system of porting to EB2? how do you justify that?????

    you or your employer told USCIS to get a card for you in EB3 category, if you do not want that, file NEW !!!

    In the eyes of americans we are skilled workers, but we all are selfish and vulnerable to white man politics!!!!

    DAMN this card and I wish to see when we all cherish our self respect and does not get treated like beggars by USCIS.

    If we all have balls then lets do some kind of bycott ...else keep watching your brother in this stupid ration line and you enjoy your food (if you get lucky by USCIS)




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  • nixstor
    07-11 12:32 PM
    eb2 china was at jan2006 for a while. this will be the first time that they will be moving beyond jan 2006.

    The movement EB-2 china gets some times is solely because of the visa number that category gets. This typically happens in the first Q. EB2-I and EB2-C will have different PD's . Some time in 2nd Q or mid 2nd Q, both I and C will have used up their quota and they will continue to have the same PD until the end of the fiscal year as PD is the only thing that matters.



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  • chanduv23
    11-20 10:25 PM
    In addition to my above post, one can be on h1b and keep getting h1b extensions and apply for consular processing instead of AOS.




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  • smisachu
    09-28 10:38 PM
    If this is indeed true then we must high light this and make it our next issue. This is a poster child of USCIS's careless work and sloppyness.



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  • kartikiran
    12-10 04:59 PM
    Ugh, I want to cry right about now. :o

    I am with you Almond. After waiting for 12 long years in USA and 8 long years for a GC, the tunnel is still dark.




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  • pappu
    06-10 01:18 PM
    The best way is this .

    1) Apply labor and I140 .

    2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .

    3) Return to Booming India and have fun and make money . Raise kids . Change jobs .

    4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D

    5) Retire in the USA in instead of India . :D

    Advantages
    **********
    1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )

    2) Give kids the Indian upbringing .

    3) Enjoy with your family , friends and relatives

    4) Come and back and retire in USA after retirement .

    Why?
    Is retirement better in USA?
    Just curious to know the reasons.




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  • bondgoli007
    07-05 05:32 PM
    I am very intrigued by this thread and I would love to see a change in status quo too. However, I am missing one very important piece of information....Who are the proposed candidates and what is their agenda??

    Mbawa, please don't take this as criticism but how exactly would a change in the IV core improve the current status quo? If you have any ideas, what has stopped you from using IV as a platform and taking a lead?

    Again, I would love to see things improving for the EB folks but I really missing the point on how this suggestion would get us there. I have great respect for the IV core as I know it and personally I will never be able to do even 10% of the job they have done. SO if there are folks who can do better than the present core, I would love to hear their ideas and contribute to the cause.

    If this is just one of the several threads that are started with no real effort or thought put in to come up with an actual and feasible solution, then this is doing more harm than good. Again I am really open to listening like a lot other silent/passive members.

    Cheers.





    The idea is very brillinat and this actually benefits the current IV core too.
    Usually, people get tired of leading a non-profit, too much of ones personal resources go into it.
    A new leadership will bring new energy in form of people getting a title and make them more accountable to needs.
    Every current commitee(current IV core) actually is the backbone of a non-profit, cos they carry lots of assets, in terms of connections they have developed, money they have accumulated, goals that they have set, etc...
    So the current IV core can support the new commitee and take their help to take the organisation forward.
    And as I previously mentioned, the organisation does not or should not cease to exits once our goals are met, they should then be lead by other non-immigrants who will have a whole different set of issues.

    usually, a non-profits exec committee is elected by its members.
    for eg. the 2009 members (paid), can vote for the IV president and the committe.

    it doesnt make sense for evey EB immigant to go and start a new non-for-profit.




    hopefullegalimmigrant
    01-07 04:19 PM
    I am going to use AP as my backup> I will be going in for H stamping in India




    desi485
    11-14 05:36 PM
    It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.

    RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.

    It's confusing indeed.

    One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:

    http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16

    so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.

    Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)



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