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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.




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  • matreen
    10-17 01:58 AM
    Guys,

    I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,

    Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).

    Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)

    Is that going to cause any problem to my 485 process?

    Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?

    I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..

    Thanks,

    M



    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number




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  • gcformeornot
    01-05 08:19 PM
    I have been confused by some of the things Professor Wadhwa says -- being opposed to H1 visas and saying there are no shortages of engineers. I saw this video on Youtube which explained everything to me. He is acting like a true American -- like we should once we become citizens. He is advising America on how they can stay competetive -- like all of us want for this great country. But he is also saying that the real solution is for America to welcome immigrants as permanent residents rather than on temporary visas.

    Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.

    I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.

    Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY

    Gayatri

    Its completely conflicting. I think somebody edited it to suit themselves. There are contracdictions everywhere.




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  • kshitijnt
    02-09 09:18 PM
    In months of June, Jul and Aug , many EADs & APs are up for renewal due to July07 fiasco. So by moving dates forward, USCIS can cash in lot of reveue as it has to issue only 1 yr EAD in that case. If the dates are not current, they will have to issue 2 yr EAD and although they dont mean to approve many cases, I tend to think they will keep moving dates forward.



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  • harivenkat
    08-13 08:56 AM
    "08/12/2010: Wow, That Is Fast. H.R. 6080 Presented to President Today, and President to Sign 08/13/2010, Friday

    * As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
    * The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "

    - The OH Law

    wondering if its time to leave....




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  • KanME
    07-05 07:43 PM
    Not sure if any one has suggested, but IV should make a video question and post it; UTUBE and CNN have joinmed hands to create a VIDEO questionnaire for all Candidated, i guess some responsible person(S) should ask this question to both Republican and Democrats...



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  • qualified_trash
    06-01 10:00 AM
    she is not stupid!! she is right. Your GC and H1 is being sponsored by the employer not by you. All documents etc are indeed the property of the employer. It is the employer's responsibility to keep you updated of any changes in your status.




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  • gconmymind
    08-13 07:04 PM
    The only practical solution, IMHO, is to move over to EB-2. Like they say, If you can't beat them, join them.


    ______________________________
    US Permanent Resident since 2002
    N-400 Oath Date on Aug 19th, 2008

    IMHO, yes, please move to EB2 if you can find a new job within your company or outside. EB3 is in limbo and not sure how long it will take to get resolved.

    I am lucky enough to have an EB2 job with current PD. Several of my friends who are eligible for EB2 could not find suitable EB2 jobs and could not file in EB2.



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  • manand24
    08-10 12:33 PM
    No checks cashed for us yet.. check my signature for details..

    No checks cashed, no receipts yet.:confused:

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending
    WIFE
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending




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  • willwin
    07-11 11:18 AM
    Nothing against EB2 or other, at least let them enjoy the freedom.

    It is really frustrating, because of the mistake by the attorney or stupid company policy etc, people like us with pd 2001 etc waiting on EB3. In my case I had PG with 7 yrs exp when filing, but for the stupid lawyer and company policy. putting aside the original classification of categories, given the present scenario, Not sure what way EB2 is better than EB3

    Paskal is watching you! EB3 deserves this. I am EB3 India 2005, in for a looooong wait for another decade? May be.

    And, BTW is somebody hijacking this thread?!?! Not me, Paskal!



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  • Milind123
    09-14 10:01 PM
    This is a PM I got from ivvm, an earlier contributor in one of the 401K rounds.
    I really think it is a nice gesture.


    Originally Posted by ivvm
    I think you have been championing the cause, and have done exemplary. In BTW..I am willing to sponsor someone's one way ticket via southwest all expense paid..or possibly a roundtrip preferably from west coast...!! Let me know if you know someone who would like to avail!
    Thanks,
    Vin




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  • manderson
    03-11 11:12 AM
    Napoleon, thanks for those great finds. I always suspected Self-Porting is possible but with too many caveats.

    Please see IV user unitednation's experience while skirting around self-employment / AC21 issues and dealing with "financial viability/ tax returns" type interview questions. He finally succeeded in getting his GC, which still gives me reason to believe that it's possible to be independent after EAD (if you can navigate the loopholes):

    http://immigrationvoice.org/forum/showpost.php?p=142698&postcount=212

    Sorry if this is a repeat post/link.



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  • browncow
    03-12 02:20 PM
    I do not support this donor ONLY idea.
    Also, Day 1, the FOIA initiative had a goal of $5K.
    And without reason, the goal was increased to $10K.

    So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
    stay consistent.




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  • kondur_007
    12-16 07:50 PM
    But million dollar question is when they will apply spillover visa?

    I think they will apply spillover only in the last quarter (July-sept 2010). Nothing will happen till July. And even in the last quarter, significant jump would be only in sept.



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  • satishku_2000
    07-05 03:16 PM
    I called my congressmans office and made them aware of the issue. He is Gary Miller 42nd district of CA.




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  • WeldonSprings
    05-02 04:17 PM
    Just responding to my quote- This question was also raised by Honorable House Democrat from Illinois Mr. Guterriez.I know everyone has looked at the Visa Bulletin. Here is a quote from it-

    2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

    So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???



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  • JAYASURESH
    05-02 01:12 PM
    it is shame on IRS!! listen, everyone is paying tax. if we are able to file tax as couple with itin for the spouse, why are they not using the same approach for the stimulus package. Do they not aware of this section of h1b visa holders who are paying taxes and are not benefited. folks, some of you are in h1b and got your ead and ssn for your sponse are better off, there are folks who are still on h1b and spouse on h4 filed with itin is not eligible because i am not within in the <70k limit. this is ridiculus and shame for everyone who came up with the great idea of stimulating the economy and share our tax money to others and not with this disadvantage section of the people. it is absolutely shame for IRS or whoever came up with the super idea of not considering the folks who filed with ITIN. IRS listen, if anyone who is citizen, illegal or legal, if they pay tax, they are entitled to get this stimulus package.. it is really a shame on you whoever not recognized this affected section of people.




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  • gcformeornot
    07-20 07:47 AM
    ...




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  • santa123
    07-11 09:26 AM
    Just wondering...
    How many people would benefit out of this big movement?
    What estimated # of applications is USCIS expecting through this movement?
    If the dates were current last year same time, how many ppl with PDs between 2004 and 2006 would have missed the bus last year? Dont think many wld have...
    Excuse my ignorance if there is a basic mistake in my assumption




    tikka
    07-19 11:34 PM
    Contributed one time $100. Will not hesitate to do so in the future. Nice job IV!!!

    Most media articles on the 485 issue had one common note "This normally not so vocal group of legal working immigrants have stood up and spoke". IV made sure that will not be so anymore and we have a strong resonating voice that will make a difference

    Anil


    for your contribution... :)




    sidbee
    08-15 11:49 AM
    If its 2001 or 2003 ... ppl like me who r in EB 3 (with PD March 2007) will not get GC for next 4-5 yrs until and unless they spill Eb 1 cases evenly to Eb2 and Eb3...which is next to impossible :eek:

    dost,

    who told u, that the PD progresses linearly with time ,

    I am also 2007 PD , and if there is no change i am sure we are not gonna see a GC in 10-20 years.



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