Tuesday, June 7, 2011

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  • ras
    10-16 05:47 PM
    Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
    Issue/Background:


    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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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 If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be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 USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.


    Should you have any 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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  • gchope07
    07-18 03:14 PM
    I am confused about receipt date?

    Notice date is when the receipt notice is generated- That's simple

    Is receipt date the date when they do data entry into the system or is it the date when they receive the package even though they may do data entry a month later?

    In other words people who filed there application on July 2nd,3rd etc ... and lets say USCIS takes 2 months to receipt those cases.. then after 2 months when the notice is generated won't it have a July 2nd receipt date? for July 2 filers?




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  • eb3_nepa
    07-05 11:01 AM
    We need to have sticky & web fax on this issue

    NO NO NO NO NO!!!

    NO more of the webfax nonsense. We EACH need to take the time and effort and write a personalized letter and fax it to the right person.

    No more templatized crap. If you want something done, DO IT YOURSELF and take the time for it!!




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  • gc_kaavaali
    06-24 12:18 PM
    I have been living in US for 5 years. I came on H1B and applied for labor in NJ in 2003. Spent $1000 for labor. Later i had to change employers because of employer problems. Then i applied my labor with new employer in 2005 march. i worked with this guy around 4 years. Applied 485 in july. I took permanent position on EAD. Here are the problems if they don't give me GC:

    1) Problem is i am stuck at Senior Software Engineer. I cannot take lead position because of pending 485 application. So that means person who doesn't know anything about our application will lead us. From organization point of view that person is waste. It is really waste of money. See how many people are in this situation and see how much money this country is losing.
    2) Because of excess use of human resources in particular organization It also leads scarcity of human resources.
    3) My company will pay for my EAD and AP cost. It is waste of money.
    4) I may not want to go to India because i may scared if USCIS send any details when i am in india. That means i don't use my vacation. I will try to get money instead of vacation. This is also loss for an organization. Not much spending on tourism.
    5) Suppose if i am on H1B, my employer has to bear cost. It is waste of money. I know for USCIS it might revenue but they also incur additional cost to adjudicate my H1B petition.

    No doubt being in america i have better life. But US also gaining so much out of us.



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  • JunRN
    05-29 12:33 AM
    Well, so far so good for me. As per Zillow estimate, my home value is now 10k more than my purchase price. It depends on where you're buying.

    I guess that when the economy starts climbing up and people starts buying houses, interest rate will also climb up to 6%. At 6%, I need to pay $400 more per month.




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  • gjoe
    01-06 08:16 AM
    Folks,
    ..


    Indian culture, heritage 5000 years old. Indian education is gift of britishers, hence needs some adjustments to suit the current global competition.




    A small but important correction in the above quote. Indian education is not a gift of the Brits. As a matter of fact history of eduction in India dates back to its cultural heritage. Nalanda university is considered to be the worlds first university. Correct me if I am wrong.



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  • reachag
    12-18 03:35 PM
    Clarification - i meant Senior Member based on seniority on this Site and not based on age :). This idea has been brain stormed many times in the past and ruled out by many as it is not in our best interests and also not workable. Members who have been visting this site for some time would know and hence the comment about Seniority :)

    Agreed, my thoughts on this are different from yours. Good..not every one thinks the same otherwise we would be short of ideas :)

    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 determined by how long a member has 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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  • jonty_11
    07-19 05:41 PM
    Guys please enroll for recurring contributions. Its for our own good. Please dont sit under the misconception that since we applied for 485 and we get EAD we might be ok. you are not safe until you have the green card in your hand. durbin, grasley, ron hira are out there to get you, I wont be surprised if they come after EAD once they are done with H1. Please contribute to IV so that we can work on the next leg on the process, be it SKIL or visa number recapture or whatever comes but to do that IV needs money, please contribute so that we can build on the momentum. Junior members, news members you are the new blood please come forward and contribute. To existing members please think about increasing the recurring contribution amount.
    correct GREEN CARD IN HAND is the key....lest people will take u for granted and abuse you....



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    small flower tattoos. small flower tattoo. Small tattoo designs and funny; Small tattoo designs and funny. SAdProZ. Mar 22, 02:40 AM. Picked up the Keystation 49e from the apple
  • small flower tattoo. Small tattoo designs and funny; Small tattoo designs and funny. SAdProZ. Mar 22, 02:40 AM. Picked up the Keystation 49e from the apple


  • immi_twinges
    07-24 12:53 PM
    my PD Aug 2004
    RD Feb 2005
    eb3 india
    Last fingerprint in March 2007

    you said your RD is feb 2005...
    If you got your gc then i have some hope




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  • vpadman
    01-05 03:53 PM
    What are the scenarios under which we can request emergency AP through INFOPASS appointment?
    Specifically, does marriage count as reason for emergency AP ?



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  • diptam
    08-02 04:00 PM
    Whenever i read your Post i feel Good - The Rep that i spoke to USCIS told me that July 2nd filers has minimum wait till Aug 15th :D

    By the way there is a Prediction for OCT Bulletin in Market >>

    EB3 India retrogressed to MAY 2001 and so on , so forth - Enjoy...
    http://www.bibdaily.com/pdfs/Jan%20P...n%208-2-07.pdf

    I had an email conversation with my lawyer regarding 180 day portability. She said that the count for 180 days should begin with notice date for safe side.

    However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
    This is what i got from my lawyer.




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  • small flower tattoos. Flower Tattoos On Side Of Hand; Flower Tattoos On Side Of Hand. wizard. Jun 18, 04:15 PM. That is hiding specs from people that would


  • AllVNeedGcPc
    04-02 05:04 PM
    @gene77: Can you share what the RFE was about?


    I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?

    @piliriver: 140 approved last month, PD Oct-2004



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  • WillIBLucky
    12-18 02:40 PM
    Who ever has got the idea of striking, picketing or hunger strike, it will not work here. Lobbying is the only way out for us. Well I guess someone has taken a cue from Mamta Benerjee. Well it surely works in India but not in United States.

    So lets stick to lobbying and calling the senators and addding members and contributing to help lobbying.




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  • kevinkris
    05-23 02:12 PM
    Everyone who reads this post at least just bump it..



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  • rbms
    04-25 12:41 PM
    How about something like,

    If a person has stayed in US for 10+ (or 7+years) years and has filed taxes(verified thourgh 1040s), he should be given GC. No questions asked(other than the ones the affect security of USA)




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  • wandmaker
    06-04 09:22 AM
    I got my GC couple of weeks ago and IV has been like a true supportive friend throughout my long wait for this day.

    As a way to 'celebrate' my GC, made a Contribution of $500.00 via PayPal.

    "This email confirms that you have paid Immigration Voice (donations@immigrationvoice.org) $500.00 USD using PayPal."

    Zappy, thank you for your generosity and support for IV.

    Wakeup Folks



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  • makemygc
    07-06 03:29 PM
    There are many members who think IV and other members are fighting for re-reversal of VB or increase in visa number for 2007....

    why dont they understand that we are fighting to avoid rejection, we are not asking them to re-revise bulletin, all we want is just accept the application without rejecting them, so that we can save ourselves from loosing money and time. dont make fun of IV and other members who's putting their efforts in it, no matter what the result is. if you dont want to participate please stop visiting this forum.

    Paisa you too man.

    I don't mean to disrespect you but I guess you are going too far with your words. We are with IV much before you born..ok so do not dare teach us what we should be doing, with your 49 posts.

    Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.

    I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.

    What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
    Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.




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  • jonty_11
    07-06 01:18 PM
    Forgot in a hurry, it is updated now
    no problem buddy, I just dont want u getting caught plagializing....just kidding!

    Hope for thebest..I am hoping rumors abt accepting all July applications turn out true




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  • ashutrip
    06-21 11:36 AM
    Checked with my lawyer. 20 cases pending since January. Atlanta..
    My Labor was filed April 15th, 2007. EB2. 'In process'.
    u mean 20 for the month of january?




    lonedesi
    08-04 04:14 PM
    Letter to be sent for an I-140 petition pending at TSC:

    From,
    First Name, Last Name
    Address,


    To,
    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Dear Mr. Ombudsman:

    Re: I-140 processing delays at TSC for June - August 2007 concurrent petitioners

    I submitted I-140 & I-485 petitions concurrently for an employment based green card to TSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that TSC is processing cases filed around July 23 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that TSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting TSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.

    This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted TSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, TSC has been approving I-140 petitions (filed non-concurrently) and whose PD's are not current.

    Also some of the members, who contacted TSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, TSC has been consistently ignoring our petitions.

    Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.

    Lack of I-140 processing for concurrent petitioners has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.

    I seek your assistance in investigating in this matter with TSC and impress upon the center to complete processing I-140 petitions for the concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.

    Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.

    Sincerely,




    lalithkx
    09-05 08:07 PM
    I agree with the above posts, they are stealing money by having stupid charges. Why do you need to charge a customer Rs.400 for changing his account password. It is absolutely ridiculous! Compare that to a bank in US, you just go online and change the password. Also, they have 2 passwords one called Account password to login to the account and another called Transaction password for making any transactions. So the more number of passwords you have the more you tend to forget either of them and they can charge you Rs.400 for each password reset!:mad:

    I had the same experience with ICICI for password change. They wanted 1% fees for Loan sanction



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