RajForGC
06-10 09:25 PM
We filed EB2 (Rest of the World) 140/485 on May 18th and 140 already got approved on May 24, 485 is still pending. I also have Eb3 Labor and 140 approved (Dec 2005) and we transfer Priority Date of old EB3 case Sep 2005 of EB3 to EB2. So my question is if this Bill becomes a law then what will happen to my case?
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snathan
08-24 11:22 PM
i had put up the previous two posts on this page asking about relief for Schedule A professionals in 2008......time has passed by but nothing has changed.....no sight of any relief or any schedule A bill........missed the july 2007 fiasco due to employer insisting on 40 day cool off period........have been in US for 6 years......no sign of EB3 india being even close to Oct 2007 (my PD)........employer has refused to file EB2 point blank.......no other employer ready for EB2........spouse on h4 visa since oct. 2006......have lost all hope and just going through the motions......is there light at the end of tunnel???
I dont have any idea about Schedule A. Did you take part in the poll - want to file I-485 gather here. We are actively working on this. If you want to participate send mail to IV coordinator.
I dont have any idea about Schedule A. Did you take part in the poll - want to file I-485 gather here. We are actively working on this. If you want to participate send mail to IV coordinator.
jcrajput
09-11 05:17 PM
To my understanding....USICIS should out source some of there work (mostly setting up PDs) to India...
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nk2006
10-16 04:29 PM
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: Ombudsman
======================
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
=======================
============================
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
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: Ombudsman
======================
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
=======================
============================
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
more...
eb3retro
07-11 11:53 AM
this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
yoda
09-13 05:32 PM
Last 24 hours had been more intense but fruitful ...
Sent to 30,000 press worldwide
Is there any media organization left to be notified? :)
Sent to 30,000 press worldwide
Is there any media organization left to be notified? :)
more...
hourglass
03-06 12:07 PM
could someone take the initiative of organizing conference calls.
Hi pappu (admn)
i work for an indian media/newspaper here in southern california, and trying to get an interview done for IV, which can be published subsequently, basically aiming our cause and goals and achievements and to create more awareness/publicity campaign about GC logjam.
Can you write me your contact number and suitable time for this, it will be a telephonic interview.
best
Hi pappu (admn)
i work for an indian media/newspaper here in southern california, and trying to get an interview done for IV, which can be published subsequently, basically aiming our cause and goals and achievements and to create more awareness/publicity campaign about GC logjam.
Can you write me your contact number and suitable time for this, it will be a telephonic interview.
best
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a_yaja
07-24 04:47 PM
Folks,
Anyone having experience renewing DL in Ohio after filing for I-485? Do they issue DL for 4 yrs? Or do we need to apply for EAD (if H1B is expiring and company is not willing to apply for H1 extension) and DL will be issued till the expiry of EAD?
Anyone having experience renewing DL in Ohio after filing for I-485? Do they issue DL for 4 yrs? Or do we need to apply for EAD (if H1B is expiring and company is not willing to apply for H1 extension) and DL will be issued till the expiry of EAD?
more...
gk_2000
08-23 01:09 PM
Not everyone has the luxury to go to home country to work for one year. Its like telling the Eb3 person to port to EB2. Do you accept that. There are so many issues need to be factored in. So lets not get into something which is not fair or not possible for every one. They system is f*&ked up. thats the fact. When the system is not fair, we fight to fix and not finding the loopholes.
There is a difference, my friend. Porting to EB2 means you have to spend LOTS of $$$ and time and effort to get masters degree.
No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?
There is a difference, my friend. Porting to EB2 means you have to spend LOTS of $$$ and time and effort to get masters degree.
No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?
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pappu
11-30 01:21 AM
Great work Jimi and the CA chapter members!
more...
krishnam70
07-23 08:36 PM
Thanks for letting us know about your friends. At least we can see that USCIS is trying to clear 2004 applicants. They will be taking care of 2005 soon then. :D
Dont mean to dampen your spirits, happy for the poster of this thread. Could have been lucky to get approved while people like me ( Sep 2003) PD waiting 485 filed 3 yrs ago.
anyway cheers -- go partying
Dont mean to dampen your spirits, happy for the poster of this thread. Could have been lucky to get approved while people like me ( Sep 2003) PD waiting 485 filed 3 yrs ago.
anyway cheers -- go partying
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dpp
07-20 01:17 PM
H1Bs taken care by California and Vermont centers. 485, 131 and 765 are handled by Nebraska and Texas centers.
Also, Nebraska is big and main center. They know how to handle load.
Here are the EAD statistics (real numbers):
Year Total received Approved
2000 1,451,527 1,325,840
2001 1,813,479 1,698,448
2002 1,745,976 1,573,842
2003 2,156,095 1,977,344
2004 1,640,703 1,694,623
2005 1,744,961 1,541,531
2006 1,462,583 1,188,770
By seeing above numbers, you can see how USCIS handles load of millions of EAD applications every year. so, 600K is not a surprise for them. In 2003, they got more 2 million applications, but they handled well. But it may be take one or two months extra, i.e. 3+2 = 5 months maximum to get your EAD. Thats for sure. They will be prepared for that when you they allow us to file.
If you already applied for EAD now, then you will for sure have a EAD by December.
Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
There are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated. In any case, 5 minutes per EAD is still a conservative figure.
All these add to the time.
Also, due to H-1B pile (65 K +20 K+15K= 100K cases pending), this may not take priorty and resources may be diverted.
Also, Nebraska is big and main center. They know how to handle load.
Here are the EAD statistics (real numbers):
Year Total received Approved
2000 1,451,527 1,325,840
2001 1,813,479 1,698,448
2002 1,745,976 1,573,842
2003 2,156,095 1,977,344
2004 1,640,703 1,694,623
2005 1,744,961 1,541,531
2006 1,462,583 1,188,770
By seeing above numbers, you can see how USCIS handles load of millions of EAD applications every year. so, 600K is not a surprise for them. In 2003, they got more 2 million applications, but they handled well. But it may be take one or two months extra, i.e. 3+2 = 5 months maximum to get your EAD. Thats for sure. They will be prepared for that when you they allow us to file.
If you already applied for EAD now, then you will for sure have a EAD by December.
Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
There are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated. In any case, 5 minutes per EAD is still a conservative figure.
All these add to the time.
Also, due to H-1B pile (65 K +20 K+15K= 100K cases pending), this may not take priorty and resources may be diverted.
more...
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ags123
02-19 10:10 PM
a) The obvious, in April spill over happens. India Jumped from U to 1dec 03 in April08
b) in 2008 April India Eb2 tied with China Eb2 as India Eb2 was unavailable in March 2008
given the regulation of giving spillover by earliest date India Eb2 held China Eb2 at the 1Dec03 date for the month of April 2008
c) This year has not needed any pd backward movement for India. This is unlike 2008 where it went to Jan02 and Jan00 to U. This means India Quota itself is still being used and yet we are at 15 Feb 04.
Please let me know if you see any more interesting things in this.
I Ch
Oct 2007 1-Apr-04 1-Jan-06
Nov 2007 1-Apr-04 1-Jan-06
Dec 2007 1-Jan-02 1-Jan-03
Jan 2008 1-Jan-00 1-Jan-03
Feb 2008 U 1-Jan-03
Mar 2008 U 1-Dec-03
Apr 2008 1-Dec-03 1-Dec-03
May 2008 1-Jan-04 1-Jan-04
Jun 2008 1-Apr-04 1-Apr-04
Jul 2008 1-Apr-04 1-Apr-04
Aug 2008 1-Jun-06 1-Jun-06
Sep 2008 1-Aug-06 1-Aug-06
Oct 2008 1-Apr-03 1-Apr-04
Nov 2008 1-Jun-03 1-Jun-04
Dec 2008 1-Jun-03 1-Jun-04
Jan 2009 1-Jul-03 8-Jul-04
Feb 2009 1-Jan-04 1-Jan-05
Mar 2009 15-Feb-04 15-Feb-05
Apr 2009
May 2009
Jun 2009
Jul 2009
Aug 2009
Sep 2009
b) in 2008 April India Eb2 tied with China Eb2 as India Eb2 was unavailable in March 2008
given the regulation of giving spillover by earliest date India Eb2 held China Eb2 at the 1Dec03 date for the month of April 2008
c) This year has not needed any pd backward movement for India. This is unlike 2008 where it went to Jan02 and Jan00 to U. This means India Quota itself is still being used and yet we are at 15 Feb 04.
Please let me know if you see any more interesting things in this.
I Ch
Oct 2007 1-Apr-04 1-Jan-06
Nov 2007 1-Apr-04 1-Jan-06
Dec 2007 1-Jan-02 1-Jan-03
Jan 2008 1-Jan-00 1-Jan-03
Feb 2008 U 1-Jan-03
Mar 2008 U 1-Dec-03
Apr 2008 1-Dec-03 1-Dec-03
May 2008 1-Jan-04 1-Jan-04
Jun 2008 1-Apr-04 1-Apr-04
Jul 2008 1-Apr-04 1-Apr-04
Aug 2008 1-Jun-06 1-Jun-06
Sep 2008 1-Aug-06 1-Aug-06
Oct 2008 1-Apr-03 1-Apr-04
Nov 2008 1-Jun-03 1-Jun-04
Dec 2008 1-Jun-03 1-Jun-04
Jan 2009 1-Jul-03 8-Jul-04
Feb 2009 1-Jan-04 1-Jan-05
Mar 2009 15-Feb-04 15-Feb-05
Apr 2009
May 2009
Jun 2009
Jul 2009
Aug 2009
Sep 2009
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jimytomy
05-24 09:56 AM
Contributed $100 . Good way to start long weekend !
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
more...
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maverick_joe
04-30 02:56 PM
I totally agree..he was all ga ga abt what USCIS is doing and how efficently they have already processed 65% of available visa numbers for the fiscal.
Other than boasting how excellent USCIS is doing their job, there was nothing new or helpful to the actual bill. It was actually counter to the task at hand. That was Aytes...
Now, a State dept person is talking about how efficient they are..
Other than boasting how excellent USCIS is doing their job, there was nothing new or helpful to the actual bill. It was actually counter to the task at hand. That was Aytes...
Now, a State dept person is talking about how efficient they are..
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khukubindu
01-18 10:11 PM
Hello Rameshk75,
Thank you very much for your reply. It gave me a mental peace. Do anyone believe if I go to the local office on next tuesday they will do something for me ?
Thank you very much for your reply. It gave me a mental peace. Do anyone believe if I go to the local office on next tuesday they will do something for me ?
more...
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mirage
01-03 02:56 PM
I think it is the perspective that has changed. Until 2 years back we were ready to die to live in this country, we thought our country was crowded, polluted etc. etc. Things haven't changed much there. It's still same, criminals are still the most powerful, power, food & Shelter is still scarce, poor count hasn't decreased. It's just we are not seeing now 'the dark side of the moon'. There's no doubt our American dream is screwed up big time. We have ruined the best times in our lives. Out of these 1 million Visa holders, 1000's would have been entrepreneurs, artists, etc. etc. but this green card chase has beaten us down to H1B Visa holder forever.
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optimystic
09-10 08:22 PM
EB3 -India: "Dukh Bhare Din Bite re Bhaia, Ab Sukh Aaio Re...":p
How so ??
You must have a EB3-I PD that is earlier than July 2001? I am hoping for good news myself this October or in the next couple months that follow :D
How so ??
You must have a EB3-I PD that is earlier than July 2001? I am hoping for good news myself this October or in the next couple months that follow :D
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sracharla
09-04 10:59 AM
Hi,
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
coopheal
09-11 11:45 AM
It�s okay. I am glad that I could do something for the rally.
coopheal,
Thank you for you generosity!
OMG, thank you so much coopheal. :cool:
coopheal,
Thank you for you generosity!
OMG, thank you so much coopheal. :cool:
eb3_nepa
07-14 01:33 PM
Subway sandwich and that too a FOOTLONG.....so get going to mail those checks.
$5 gives you:
1 subway sandwich FOOT long but may also give you
1 Green Card LIFE long
$5 gives you:
1 subway sandwich FOOT long but may also give you
1 Green Card LIFE long
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