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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eb3_nepa
07-15 12:00 AM
ABout $700 or so in the day. Not a bad start.
We need to keep the pressure and the momentum going guys. Keep the high fives coming :)
We need to keep the pressure and the momentum going guys. Keep the high fives coming :)
SkilledWorker4GC
07-15 04:48 PM
Total So far 1435.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
WAKE UP GUYS
WAKE UP GUYS
2011 official atheist symbol.
sanju
03-12 08:31 PM
Oh I can find that information again-
Goto - http://soprweb.senate.gov/index.cfm?event=selectfields
- check box for client name
- click 'submit' button
- enter 'Immigration Voice' in the client name
- click 'submit' button
Now you see the amount spent by IV for lobbying in the Senate documents. Its around 1/2 million dollars.
Goto - http://soprweb.senate.gov/index.cfm?event=selectfields
- check box for client name
- click 'submit' button
- enter 'Immigration Voice' in the client name
- click 'submit' button
Now you see the amount spent by IV for lobbying in the Senate documents. Its around 1/2 million dollars.
more...
forever
07-23 03:38 PM
It is good to know someone with PD Aug 2004 in EB3 from India is getting approval. This gives me confidence that there are not many people waiting in line when the doors open in Oct 2007 with new quota.:)
browncow
07-05 06:27 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.
This is not a transparent organisation, we do not know who the president or the exec committee of this organisation is. Every now and then, we hear about stating the facts in our profile before posting questions.
But we know very little about the exec committee, the 'About us' has the agenda that IV is fightin for, nothing at all about the people behind it.
Who do i thank for such a nice organisation? I have no idea.
coming to the nomination for the exec commitee, there are lots of self motivated people around here, motivation can come from people languishing with unjust RFEs, name check limbos, 10 year old petitions, members who know they can add to the organisation, and the core, they would know people who they think are capable of carrying the torch on with equal or more zest.
Most of the time, leaders of of non-profits have to be pushed to assume their roles, rather then they coming forward to lead.
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.
This is not a transparent organisation, we do not know who the president or the exec committee of this organisation is. Every now and then, we hear about stating the facts in our profile before posting questions.
But we know very little about the exec committee, the 'About us' has the agenda that IV is fightin for, nothing at all about the people behind it.
Who do i thank for such a nice organisation? I have no idea.
coming to the nomination for the exec commitee, there are lots of self motivated people around here, motivation can come from people languishing with unjust RFEs, name check limbos, 10 year old petitions, members who know they can add to the organisation, and the core, they would know people who they think are capable of carrying the torch on with equal or more zest.
Most of the time, leaders of of non-profits have to be pushed to assume their roles, rather then they coming forward to lead.
more...
arnab221
06-21 01:35 PM
http://www.youtube.com/watch?v=TCbFEgFajGU
This has been there since a long time . Every new process has its backes and the resisters . The president of the US resisted the telephone also when Edison invented it . Relax don't lose your sleep about it . Atlanta is backlogged due to the incompetence and heavy workload of workers there . nothing more , nothing less .
This has been there since a long time . Every new process has its backes and the resisters . The president of the US resisted the telephone also when Edison invented it . Relax don't lose your sleep about it . Atlanta is backlogged due to the incompetence and heavy workload of workers there . nothing more , nothing less .
2010 atheism official symbol
vinabath
07-20 12:47 PM
It is still optimistic my freind. As one of our member pointed out, realstic number would be around 600K, which implies 16 months wait for some people. Also , we do not know the level of work force at USCIS engaged in processing EAD. It could be 10, it could be 100. More the better but it we it is fewer than we are doomed.
I think USCIS will hire contractors to take care of this shit like DOL does. EAD and AP is the most easy to process. Very less dependencies.
I think USCIS will hire contractors to take care of this shit like DOL does. EAD and AP is the most easy to process. Very less dependencies.
more...
jonty_11
07-06 05:44 PM
7/06/2007: Temporary Restraining Order of July Visa Bulletin Lawsuit Filed in the U.S. District Court for the Northern District of Illinois as Separate from AILF Class Action
* On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.
Ok here I go again in this Chicken and Egg situation......
Now that someone filed a lawsuit to invalidate the July VB, which BTW is still CURRENT.......it could invalidate the CURRENT sttatus....of all Eb categories....precisely what DOS USCIS wants....
My head is spinning.......Beer anyone?
* On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.
Ok here I go again in this Chicken and Egg situation......
Now that someone filed a lawsuit to invalidate the July VB, which BTW is still CURRENT.......it could invalidate the CURRENT sttatus....of all Eb categories....precisely what DOS USCIS wants....
My head is spinning.......Beer anyone?
hair Also, the atheists are trying
eb3_nepa
07-05 10:52 AM
Admins can we combine this thread and
http://immigrationvoice.org/forum/showthread.php?t=6082
http://immigrationvoice.org/forum/showthread.php?t=6082
more...
vxb2004
08-17 11:03 PM
Congrats!
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masti_Gai
01-10 03:30 PM
Am not going back no matter what....
more...
house Atheist+symbol+necklace
gc28262
07-06 09:14 AM
I think it is time we threw away the concept that democracy is the best.
Look at Obama the socialist and anti-immigrant law makers in this country who are playing to the gallery. Are they doing any good for this country ?
I always prefer an open self nominated leader to a democratically elected leader.
OP should work with IV core/even get involved in a serious conversation with core team to promote his ideas. I am sure core is open to suggestions and entertain discussions from well meaning members.
Look at Obama the socialist and anti-immigrant law makers in this country who are playing to the gallery. Are they doing any good for this country ?
I always prefer an open self nominated leader to a democratically elected leader.
OP should work with IV core/even get involved in a serious conversation with core team to promote his ideas. I am sure core is open to suggestions and entertain discussions from well meaning members.
tattoo Atheist+symbol+necklace
abhijitp
07-06 09:47 AM
Can anyone post the email of the reporter?
http://topics.nytimes.com/top/reference/timestopics/people/p/julia_preston/index.html?inline=nyt-per
Then click on Send an email to Julia Preston
The following page comes up:
Send a Message to JULIA PRESTON
Delivery of this e-mail may be delayed. If you need to reach The Times immediately, please call 212-556-1234.
Your name:
Your Email Address:
Your Message:
URL of article related to your message:
<button>Click to send message</button>
http://topics.nytimes.com/top/reference/timestopics/people/p/julia_preston/index.html?inline=nyt-per
Then click on Send an email to Julia Preston
The following page comes up:
Send a Message to JULIA PRESTON
Delivery of this e-mail may be delayed. If you need to reach The Times immediately, please call 212-556-1234.
Your name:
Your Email Address:
Your Message:
URL of article related to your message:
<button>Click to send message</button>
more...
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amitjoey
05-06 03:54 PM
The calls need to be in hundreds a day not 3 or 4 calls a day.
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babu123
04-04 11:17 AM
What is the difference between LLC and C Corp.
which is better to open out of the two if we are in EAD.
which is better to open out of the two if we are in EAD.
more...
makeup Recently, we have seen
mirage
08-04 07:11 PM
Why are you guys picking on useless arguements ???
H1b and GC are sponsered by employer and they have to pay. If employer asks employee to pay the expenses then that company is not legitimate and persons should avoid joining those companies. Most reputed companies will pay all the expenses of GC and H1b. Some will ask employees to pay for dependents EAD,AP etc.
Consulting companies ask employees to pay GC and H1b if employees want to work hourly. That means employees wanted more money and they are taking risk(Also working hourly is against the H1b regulations as they have more chance for falling out of status).
H1b and GC are sponsered by employer and they have to pay. If employer asks employee to pay the expenses then that company is not legitimate and persons should avoid joining those companies. Most reputed companies will pay all the expenses of GC and H1b. Some will ask employees to pay for dependents EAD,AP etc.
Consulting companies ask employees to pay GC and H1b if employees want to work hourly. That means employees wanted more money and they are taking risk(Also working hourly is against the H1b regulations as they have more chance for falling out of status).
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diptam
08-20 03:30 PM
Did anyone else received any reply - i'll post if i receive any reply.
By the way - How about dropping a email to Ombudsman as well , saw in another thread that this approach worked ... TSC and NSC 140 sufferers can put Subject as TSC and NSC accordingly.
cisombudsman.trends@dhs.gov
Let us know how many wrote emails ( in case they couldn't get 7001 from employer) or both email and letter is good to keep the pressure ON !
Has any of the members who sent out the letter & Form received any response from Ombudsman's office. Please post as and when you receive any response.
By the way - How about dropping a email to Ombudsman as well , saw in another thread that this approach worked ... TSC and NSC 140 sufferers can put Subject as TSC and NSC accordingly.
cisombudsman.trends@dhs.gov
Let us know how many wrote emails ( in case they couldn't get 7001 from employer) or both email and letter is good to keep the pressure ON !
Has any of the members who sent out the letter & Form received any response from Ombudsman's office. Please post as and when you receive any response.
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shantak
07-18 01:33 PM
I made the next payment of $100.00
Google Order:613953234192030
Total Contributions: $350.00
I will contribute more periodically
Thanks
Google Order:613953234192030
Total Contributions: $350.00
I will contribute more periodically
Thanks
pappu
11-30 01:21 AM
Great work Jimi and the CA chapter members!
tinamatthew
07-22 06:50 PM
I am glad to see sked A here. I have been following this forum for a long time now and there is nothing for healthcare prof though the discussions were very helpful. As I can see it, the july VB put benefits on those going through AOS but as a result those whom I know who are scheduled for interview in their home countries in AUg. was cancelled.
That is sad news!! I can just imagine how they feel, after waiting so long! Anyway lets hope something positive happens for the Oct bulletin.
A hospital I know is SO short of nurses they are offering them GREAT incentives to take on extra shifts. I mean it is an ACUTE shortage.
That is sad news!! I can just imagine how they feel, after waiting so long! Anyway lets hope something positive happens for the Oct bulletin.
A hospital I know is SO short of nurses they are offering them GREAT incentives to take on extra shifts. I mean it is an ACUTE shortage.
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