NH123
12-10 09:39 PM
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don�t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
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Suva
07-19 02:30 PM
I think you are wrong. When the application is entered into the system that date is called Notice date. Receipt date would be the date USCIS recieves the application.
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.
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.
ItIsNotFunny
10-21 11:06 AM
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
Guys,
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
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
Guys,
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
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pointlesswait
03-18 10:58 AM
for tax purposes..there is no H1 ..GC criteria..
if u pay tax and u are eligible..u get the refund!
how many times should that be told..snap out of counting pennys ..! :mad:
if u dont get the refund..move on..be happy that u have a job!:cool:
if u pay tax and u are eligible..u get the refund!
how many times should that be told..snap out of counting pennys ..! :mad:
if u dont get the refund..move on..be happy that u have a job!:cool:
more...
jungalee43
04-29 06:50 PM
Senator Scott Brown (R-Massachusetts) - left voice mail
Senator Judd Gregg (R-New Hampshire) - left voice mail
Senator Richard Lugar (R-Indiana) -left voice mail
Senator Michael Enzi (R-Wyoming) - left voice mail
Senator Lindsey Graham (R-South Carolina) - it was not on my print out. But would call right away.
Senator John Ensign (R-Nevada) - Spoke with staff. Could not escape noticing her "sigh" when I mentioned CIR. She asked if I was from Nevada. I said no. But still she patientely took my message. She said there was no official statement yet from the senator and would not tell his position.
Senator Orin Hatch (R-Utah) - engage. Nothing happened.
Senator John Cornyn (R-Texas) - You must call during office hours. Cannot leave voice mail.
Senator John Kyl (R-Texas) - left voice mail
Senator Mitch Mcconnell (R-Kentuky) - engage
Senator Amy Klobuchar (D-Minnesota) - Voice mail
Senator Claire McCaskill (D-Missouri) - Mail box full !!!!!!!!!!!!!
Senator Jon Tester (D-Montana) - left voice mail
Senator Jim Webb (D-Virginia) - left voice mail
Senator Sheldon Whitehouse (D-Rhode Island) - left voice mail. Here you hear prompt both in English as well as Spanish before you get the beep of the voice mail.
In every message I mentioned my name, address and phone numbers. Will call the Sen. Graham and sponsoring dems now. I will make another round of calls during office hours tomorrow.
And please the Fax link for guests. They should not be able to edit the mesasge. But must enter name and address. I can have at least 100 faxes sent.
Senator Judd Gregg (R-New Hampshire) - left voice mail
Senator Richard Lugar (R-Indiana) -left voice mail
Senator Michael Enzi (R-Wyoming) - left voice mail
Senator Lindsey Graham (R-South Carolina) - it was not on my print out. But would call right away.
Senator John Ensign (R-Nevada) - Spoke with staff. Could not escape noticing her "sigh" when I mentioned CIR. She asked if I was from Nevada. I said no. But still she patientely took my message. She said there was no official statement yet from the senator and would not tell his position.
Senator Orin Hatch (R-Utah) - engage. Nothing happened.
Senator John Cornyn (R-Texas) - You must call during office hours. Cannot leave voice mail.
Senator John Kyl (R-Texas) - left voice mail
Senator Mitch Mcconnell (R-Kentuky) - engage
Senator Amy Klobuchar (D-Minnesota) - Voice mail
Senator Claire McCaskill (D-Missouri) - Mail box full !!!!!!!!!!!!!
Senator Jon Tester (D-Montana) - left voice mail
Senator Jim Webb (D-Virginia) - left voice mail
Senator Sheldon Whitehouse (D-Rhode Island) - left voice mail. Here you hear prompt both in English as well as Spanish before you get the beep of the voice mail.
In every message I mentioned my name, address and phone numbers. Will call the Sen. Graham and sponsoring dems now. I will make another round of calls during office hours tomorrow.
And please the Fax link for guests. They should not be able to edit the mesasge. But must enter name and address. I can have at least 100 faxes sent.
reddymjm
09-22 09:06 PM
can do both....
more...
vayumahesh
11-05 11:57 AM
It has been 15 days after applying I-140 under premium processing and still waiting for approval.
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john2255
07-20 01:46 PM
1. Sen. Cornyn yesterday offered the bridge amendment.
SA 2339. Mr. CORNYN (for himself and Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr. Coleman, and Mr. Voinovich) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669.
The amendment was ruled out of order by the Chair of the Committee, after a Motion by Sen. Durbin (D-IL) and a vote more-or-less on party lines. This is hopefully just a procedural slowdown. HLG is aware that alternative procedural options are still being considered.
The amendment also called for a one-time increase in H1 visas, which seemed to be the reason for the amendment’s defeat.
What you can do.
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for foreign trained nurses and PTs. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
SA 2339. Mr. CORNYN (for himself and Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr. Coleman, and Mr. Voinovich) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669.
The amendment was ruled out of order by the Chair of the Committee, after a Motion by Sen. Durbin (D-IL) and a vote more-or-less on party lines. This is hopefully just a procedural slowdown. HLG is aware that alternative procedural options are still being considered.
The amendment also called for a one-time increase in H1 visas, which seemed to be the reason for the amendment’s defeat.
What you can do.
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for foreign trained nurses and PTs. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
more...
sameold
09-12 10:18 AM
Hi Milind,
Just made my first contribution of $100
Order Details - Sep 12, 2007 09:39 GMT-05:00
Google Order #251501666030083
Thank you Milind for stepping up and motivating people
Just made my first contribution of $100
Order Details - Sep 12, 2007 09:39 GMT-05:00
Google Order #251501666030083
Thank you Milind for stepping up and motivating people
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GCOP
08-13 04:01 PM
I believe, as mentioned earlier by willwin; we should meet the congress members to win their support for Visa Recapture Bill. IV is requested to set up the date and meetings. We are ready to participate.
more...
soumeeram
03-09 12:13 PM
Eb2- i - 15-reb-04
eb3-i - 01-nov-01
eb3-i - 01-nov-01
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akhilmahajan
07-15 06:19 PM
Total So far 1535.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
COME ON FOLKS HELP IV HELP YOURSELF.
COME ON FOLKS HELP IV HELP YOURSELF.
more...
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sriswam
09-11 03:17 PM
Just put in my humble $100 contribution for the rally.
You guys have a good thing going. I just the love the selfless spirit and patience in this group. All the very best.
-Sriswam
You guys have a good thing going. I just the love the selfless spirit and patience in this group. All the very best.
-Sriswam
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wandmaker
06-13 10:48 AM
You just paid without exposing your financial information.
$ 100
Receipt ID: 5190-9283-7820-4961
An email with your order summary has been sent to ashokmohanrajes
Great, First post with contribution - Thank you
$ 100
Receipt ID: 5190-9283-7820-4961
An email with your order summary has been sent to ashokmohanrajes
Great, First post with contribution - Thank you
more...
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vayumahesh
10-29 10:48 AM
Hi 9Years,
Do you see any LUD update on your I-485 case ? I think when I-140 was approved and EB3 date got ported, USCIS may have touched the I-485 application.
Do you see any LUD update on your I-485 case ? I think when I-140 was approved and EB3 date got ported, USCIS may have touched the I-485 application.
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sri1309
08-14 10:54 AM
I would name such a fund "Visa recapture fund" or something that clearly identifies our requirement. But again, we will not be very loud if you contribute to such funds as, when compared to many others who contribute, our number is very small.
We must be able to push ourselves forward with the clear banner and express ourselves.
Sri.
We must be able to push ourselves forward with the clear banner and express ourselves.
Sri.
more...
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EndRetro
03-08 01:42 PM
Thanks for the real time updates. Please keep on doing it...
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JunRN
09-11 10:37 PM
I am in for this. This is not so expensive than paying the lobbyist. The objective is to catch media's attention and have our sentiments be publicized in major newspapers and tv news.
This is a novel idea and more cost effective than paying major newspaper to publish our sentiments. They will come to IV for interviews just like in the past during the flower campaign.
This is a novel idea and more cost effective than paying major newspaper to publish our sentiments. They will come to IV for interviews just like in the past during the flower campaign.
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natrajs
09-09 10:30 AM
Contributed $ 100 - Google
delhiguy
07-06 01:35 PM
Generally they give this update on last week of every month.
for May, 05/24/2007
June, 06/28/2007
For july, 07/06/2007.
I don't know why they updated us so fast with in a week on this.
May be because they are not expecting to enter the July applications in the system (or just uptill July 2)
for May, 05/24/2007
June, 06/28/2007
For july, 07/06/2007.
I don't know why they updated us so fast with in a week on this.
May be because they are not expecting to enter the July applications in the system (or just uptill July 2)
unseenguy
02-13 10:51 PM
I dont deal with junks...when you are so mean to spend a penny for your parents, every one knows how much you would contributed for IV.
I never said, I won't spend a penny for parents. What I said is, and you can go back to my post, is you should not send money to your parents to "support" them when your spouse is not willing to. Now I do apologize for how I actually said, since its misinterpreted, but again, if someones parents had money requirements, then they should make it clear at the time of "arranging" the marriage, not push it under the rug after marriage. And in this situation (pushing things under the rug), if your spouse does not agree to sending large sums of money continuously, then I don't find fault with her.
And you kiddo , you are not even married. So get married, and after 6-7 years of married life, and 1-2 kids in school, tell me your perspective.
I never said, I won't spend a penny for parents. What I said is, and you can go back to my post, is you should not send money to your parents to "support" them when your spouse is not willing to. Now I do apologize for how I actually said, since its misinterpreted, but again, if someones parents had money requirements, then they should make it clear at the time of "arranging" the marriage, not push it under the rug after marriage. And in this situation (pushing things under the rug), if your spouse does not agree to sending large sums of money continuously, then I don't find fault with her.
And you kiddo , you are not even married. So get married, and after 6-7 years of married life, and 1-2 kids in school, tell me your perspective.
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