lazycis
11-24 03:24 PM
Here is the link to USCIS AC21 memo from 5/30/2008:
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
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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
ckichannagari
07-15 11:24 AM
Just mailed cheque for $20
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ns521
12-27 06:01 AM
I wish you guys to mention the center you applied to because processing times are different...
more...
Green.Tech
05-25 11:28 AM
Stay on top!
arthsidhu
09-10 03:33 PM
and for those who can't donate few dollars for their own cause, I leave that that for your own imagination..
People who are working for this cause are not doing for just themselves. It can't be said enough about this rally, but again you have to have some conscious to donate to the rally.
$30,000 needed and we haven't reached halfway yet. Pity the GC seekers. They should be rather called GC whiners.
People who are working for this cause are not doing for just themselves. It can't be said enough about this rally, but again you have to have some conscious to donate to the rally.
$30,000 needed and we haven't reached halfway yet. Pity the GC seekers. They should be rather called GC whiners.
more...
vandanaverdia
09-12 12:47 PM
With such a great initiative here... I am sure a lot more first time contributors will come forth. Pls dont wait any longer... Pls contribute towards the drive. We have lots to achieve & very little time...
Kudos to Milind123... u r doing a great job....
Kudos to Milind123... u r doing a great job....
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matreen
07-15 03:20 PM
Then add Immigration Voice as payee
and give address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
don't I need to provide the account number of IV there.?
and give address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
don't I need to provide the account number of IV there.?
more...
gk_2000
08-23 11:06 AM
No dear friend...what if you are already inside this country and waiting for 10 years. Even if you become a manager in these companies, you wont be eligible as you had to have at least one year outside the country. So progressing not going to help. How about a person who is less qualified, less experienced getting GC in six months when you wait for 5-10 years. Its not about jealous, its about fairness and justice. Dont bring in EB2-EB3 here. We are all in this sh*&t togather.
At the end of the day what matters is you have an option open via this route. It is your personal choice if you would rather wait here 10 years or work in your home country for 1 year. Why shut a door that's meant for you? Opportunity is very hard to come by
At the end of the day what matters is you have an option open via this route. It is your personal choice if you would rather wait here 10 years or work in your home country for 1 year. Why shut a door that's meant for you? Opportunity is very hard to come by
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vpadman
01-14 12:06 PM
You can check the dates on this link,
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Hope this helps,
Thanks for the link - the only issue is that the link reflects the processing as of Dec 14, 2007.
Is there a way to check on the dates they are processing at present. Can we call USCIS customer service regarding this information ?
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Hope this helps,
Thanks for the link - the only issue is that the link reflects the processing as of Dec 14, 2007.
Is there a way to check on the dates they are processing at present. Can we call USCIS customer service regarding this information ?
more...
srikondoji
09-09 10:58 AM
Ah, so you are looking to purchase in Hyd. Here is the latest, if you already don't know.
There is a talk about HMDA which is an agency to overlook a project extending the Hyderabad to Bhongir in the East and to Medak in the west.
There will be strict implementation of plans for constructing new houses.
Realtors have already started marketing this and extracting high prices.
If you do have time to research, you can purchase land for cheap (around 3-4 thousand rupees per sql yard) in the outskirts.
Good luck.
Thank you very much for the suggestions.Once the elections are done next year do you think rates will go down..I'm actually thinking about Hyd.Have been waiting so long but rates are only going up.
Is it possible to apply for loan with SBI/LIC from here (US)?
Thank you.
There is a talk about HMDA which is an agency to overlook a project extending the Hyderabad to Bhongir in the East and to Medak in the west.
There will be strict implementation of plans for constructing new houses.
Realtors have already started marketing this and extracting high prices.
If you do have time to research, you can purchase land for cheap (around 3-4 thousand rupees per sql yard) in the outskirts.
Good luck.
Thank you very much for the suggestions.Once the elections are done next year do you think rates will go down..I'm actually thinking about Hyd.Have been waiting so long but rates are only going up.
Is it possible to apply for loan with SBI/LIC from here (US)?
Thank you.
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wellwishergc
07-06 10:59 AM
This is not really an issue that American citizens care about. The CIR bill got attention from the American citizens because it involved legalizing 12 million undocumented workers. So, do not expect citizens to talk on this issue. Well, if you tell an American citizen that there was a security lapse on part of USCIS, while approving the Green Cards, then it is a different issue and you will get his/her attention. However, think though! Are we trying for negative publicity for this issue? OR Would you rather try to see how we could use this opportunity to further optimize the process at USCIS?
See - lets not fight within ourselves. We both have the same cause but expressing differently.
Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)
Chat with you later - got a meeting.
See - lets not fight within ourselves. We both have the same cause but expressing differently.
Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)
Chat with you later - got a meeting.
more...
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natrajs
07-18 09:23 PM
Contributed $ 100 Yesterday , and Will do Again
Thank Q You All
Thank Q You All
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champu
02-13 09:22 PM
i am going to marry my sister's daughter.. Sweet girl
All the girls are not like that. ;)
anyway my comments are about the crazy, career oriented, tradition less girls. And most of teh US girls are like that. Ofcourse not 100%, there may be few jewels..
Isn't it incest
All the girls are not like that. ;)
anyway my comments are about the crazy, career oriented, tradition less girls. And most of teh US girls are like that. Ofcourse not 100%, there may be few jewels..
Isn't it incest
more...
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desi3933
02-18 06:07 PM
Can any body guess when I might get a Green Card? Ofcourse nobody knows but what do you think?
For PD of EB-2 July 2006 India, the odds are that it could be in next 12 to 18 months. Just a guess.
*** Not a legal advice ****
For PD of EB-2 July 2006 India, the odds are that it could be in next 12 to 18 months. Just a guess.
*** Not a legal advice ****
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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
more...
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485Mbe4001
07-20 06:35 PM
dont forget the fact that EAD and AP are issued for 12 months, you have to renew each year. It is recommended that you apply for EAD/AP renewal at least 180-90 days in advance to prevent periods where your current EAD has expired while you wait for the renewed one...welcome to the new nightmare, someone did say something about the grass been green on the other side..now that we are on the other side we wait for 485 to be current while we renew EAD/AP each year, fingerprint every 15 months and aviod the namecheck black hole...maybe this is what they(uscis) wanted after all...a steady income stream...good luck :)
July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.
Well it's done. Happy now?
......
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.
Well it's done. Happy now?
......
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
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stldude
08-07 01:08 PM
What's the source of of this information... Is this u'r guess or from any other source ???
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
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ritu_raj
09-11 12:12 PM
just contributed $100... See you in DC
Order Details - Sep 11, 2007 12:30 PM EDT
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Order Details - Sep 11, 2007 12:30 PM EDT
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vin13
03-12 12:43 PM
Yes...this how we need to work. Why you dont support the donor idea. We dont need the free riders. We need only comitted people and not junks
I support the donor idea. But there is no transperency to who is leading what initative. If i want to contribute my time, i have to read through the posts every day for several hours to find who is leading the effort so i can discuss with them. Sometimes i feel there is so much more talk.
Why don't we list out the initiatives that is being considered or worked on. Along with some contact information so people can discuss offline with them. I cannot be online for several hours and read through all the discussions and still not find out who is coordinating the efforts.
I support the donor idea. But there is no transperency to who is leading what initative. If i want to contribute my time, i have to read through the posts every day for several hours to find who is leading the effort so i can discuss with them. Sometimes i feel there is so much more talk.
Why don't we list out the initiatives that is being considered or worked on. Along with some contact information so people can discuss offline with them. I cannot be online for several hours and read through all the discussions and still not find out who is coordinating the efforts.
desibechara
12-29 04:08 PM
I was wondering about DOL letter which my employer received yesterday..for Recruitment process for 30 days..I wanted to know is it because of the conversion we did to RIR process some days back or is it just that they caught up with my TR application after 5 years..TR-Oct 2001
Please let me know
Desibechara
Please let me know
Desibechara
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