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  • 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 ;)).




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  • saimrathi
    08-10 11:42 AM
    No checks cashed for us yet.. check my signature for details..

    We still haven't got ours, wondering if others have got it or are still waiting like us. No info on check cashed too.




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  • rkotamurthy
    01-18 06:47 PM
    I don't think there was a Conf Call in '07. Does anyone know when the next call is scheduled?

    Does anyone communicate with the "Core Team" and get updates ? Could somebody explain how IV works?




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  • sunnysharma
    07-18 04:28 PM
    My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).

    The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
    "On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."

    Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!

    .

    You will be able to see your actual RD in the reciept notice...Donot worry..



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  • meminime
    11-30 02:47 PM
    Thanks for all the info about interfilling guys, very useful .

    I have EB3 Nob/04 with I40 approved and AOS in progress.

    Apllied EB2 10 months ago and got labor (6 months prep + 3 months in filling) + I140 approved (in 2 days)
    with prem processing.

    I'm also in the same boat as others, not clear as to what one has to do for porting/interfilling, I will let the attorney decide if he/she needs to submit a request or it will be automatically linked to the current 485.

    Please keep us updated on your progress which is more helpful than attorneys and SOPs followed by USCIS, thanks.

    SM.




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  • kkt_tkk
    09-07 01:18 PM
    Hi,

    I entered in to USA on 11/1999, still working on H1B
    GC: PD is 2005, EB3

    I can't port to EB2, as my education is combinational (Diploma + AMIE), not 4-year single degree.

    Thanks,
    KKT



    Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it�s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let�s accept that they know how things work. Life is about learning and then What Next? It�s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran�s you give us the motivation to hang on. OP you seem to have started a nice discussion.



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  • arnab221
    06-20 10:43 AM
    I was wondering which center my PERM app will go? Atlanta or Chicago? My co is detroit based. I am just filing now, so if it goes to chicago, there is a chance that I can file my I-140 before 1st October deadline (assuming the new CIR becomes law) .

    any clues?

    lotr

    Detroit = Michigan --> Chicago.

    CIR will not pass. Relax !! Not worth losing your sleep over the joke that is CIR .




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  • ind_game
    05-15 10:13 AM
    Hi ind_game,

    For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.

    Please correct.

    I have corrected my previous post. thanks ak_2006



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  • chintu25
    07-15 05:33 PM
    �For all things difficult to acquire, the intelligent person works with perseverance.�
    Lao Tzu

    :cool:




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  • cygent
    09-02 08:04 PM
    Oh man! Landed here in 1998. But your PD is 2008 and IN EB3?!?!? Originally Posted by kalinga_sena
    * Landed here on jan 1st, 1998 (F1)
    Survived 2 recessions
    No hope as labour filled in eb3
    You must be the oldest person in this thread as well. :D

    In my signature... 13 yrs.; '97 as student, survived 2 recessions & a huge bloodsucker from '00 (who has since been sued & investigated & closed). Tried to leave, but H1 issues kept me. By Luck, hard work & planning managed to file 140/485 in '07 & by God's grace 140 approved 12/08, which enabled me to leave aforementioned bloodsucker. Working on EAD since 10/08.



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  • Pallavi79
    09-14 01:20 AM
    stop fighting just for yourself. fight for the community and get your GC on the way.




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  • buehler
    07-20 11:44 AM
    That only 57 is required is not correct. The vote needs 60 to pass the motion. If no is totaling up only 37 but if yes is 59 still then it would not pass. Also if the senator is absent then it is considered a NO vote.

    Did you check the link in the original post? It clearly says " Required For Majority: 3/5" meaning 3/5th of the votes is required to pass it. All vote counts in the senate are relative, never absolute. Simple passing of a vote requires 1/2 of the votes and cloture motion requires 3/5 of the votes.



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  • samrat_bhargava_vihari
    04-27 02:52 PM
    Hello Onemay,
    I live in Minneapolis. I too am on H4.Same thing happened to both my husband and myself here last October.We had moved recently from Indiana and the DMV said they won't issue new licenses for both myself and my husband (it doesn't matter if u r on H1 or H4)until we give the extended I94. We had our Indiana licences also canceled .We didn't know what to do and then we enquired some of our friends and came to know that if we show our original USCIS Receipts for Extension filed they give ur license for 6 months from the USCIS Receipt Date. So we did that and got our extension until April. U have to show the Original Receipt ,No Xerox .And now we got our extension papers and reapplied for a new license and got it. May be u too can enquire about this,because I think all DMVs tend to follow similar rules.

    This is true. I went through this process several times in Minneapolis.




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  • eers
    07-23 05:42 PM
    Until 2003 end most the people have filed 485. It all started when the cases were moved to BEC. Most of the cases were from 2004 and some from 2003/2/1/0.


    Our firm had five 2002/2003 LCs cleared in March , after uscis sent out notice to either convert them to RIR processing or abandon it. I guess there are many old cases to be still applied for 485.



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  • priti8888
    07-23 03:32 PM
    Wow! Good for you! So when did you apply for your I-485? Please let us know the details so we can compare it with our situation. My husband is EB3 as well with PD Feb 2005 (Philippines). Thanks!


    my PD Aug 2004
    RD Feb 2005
    eb3 india
    Last fingerprint in March 2007




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  • apb
    09-16 12:52 AM
    Bump



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  • vik352
    08-13 05:05 PM
    EB2 requires Masters or 5 years of experience. For those waiting in the queue for more than 5 years should automatically qualify for EB2 because they have 5 years of experience. I dont care the fine wording that says the job needs Masters or 5 years of experience. We should push lawmakers for this option to reduce the huge backlog. What do others think of this option and start a campaign for it?




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  • jcrajput
    09-11 03:49 PM
    I don't understand how they calculate PD dates?
    Can anyone help me here please?
    Thanks




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  • sweet_jungle
    04-28 11:00 AM
    As far as I remember, I (from California) was able to renew the license by mail. I did not have to go to DMV. So, these issues about I-797/I-94 needed for DL, are they coming up during a new DL or during renewal of license?

    In California they don't accept any other document for the renewal of your DL other than the new I94- I think someone said I 907 and they are right because I 94 is olnly a portion of the whole page.

    We filed premium for the extension and the company is paying for it, but it still takes 3-4 weeks until the lawyer is gonna prepare the package and send it to us. Unfortunately, I don't have a home country DL that I could use between the gaps and this is a great burden for my husband who has to deal with a very demanding job and take the kids everywhere.

    I feel imprisoned for just wanting a better life for my family and my kids and I don't think the treatment that the legal immigrants get in US is fair. I was a legal immigrant in 2 diffrent countries in Europe and although you might not be able to get blended in the crowd as easy as here, you will be treated with more regard for human rights( like the right to work or to drive).-this is our 7th year here and I can't work.

    Before belonging to a cultlure or a country, we all belong to the humankind, whith the same needs and dreams and people should remember that first - they are not talking about immigrants or legals or illegals or numbers EB3, H1B and other labels, but people whose time is ticking and gets away from them with every second that passes. We are here because this country was build by people like us and we belong here, so please, if someone who was lucky enough to be born here reads this message, consider our situation and let our voice reach the people who need to hear it.




    gc_on_demand
    06-10 11:16 AM
    Please call CHC members ASAP.. takes only 10 minutes to call..




    conundrum
    09-15 05:21 PM
    I do believe that each person has the right to champion for whatever cause s/he believes in. But don't you think that instead of this class war we should fight the USCIS system and ensure FIFO. I believe if we have a transparent and smooth USCIS functioning then a lot of our problems will be solved. At least we will know where we stand without the uncertainty!!



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