coolpal
09-10 11:04 AM
thanks IV to all ur efforts...
Here's my contribution of $100 (Google Order #431458970400945)
Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...
thanks,
pal :)
Here's my contribution of $100 (Google Order #431458970400945)
Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...
thanks,
pal :)
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ganguteli
03-12 06:19 PM
This is nothing but a typical desi mentality coming out from all of us. We all want to get everything for free or at a discount. Each dollar is saved to be transferred to India or to buy larger flat screen TV than our friends at home. :)
indyanguy
07-11 11:30 AM
No good news for me. I am EB3-I.
By the way, if the PD is current for those who have already applied for I-485, does it mean they are guaranteed to get their GCs processed? What if EB2-I becomes U in September? Just wanted to know the importance of a PD becoming current for folks who have already applied for 485.
Thanks
By the way, if the PD is current for those who have already applied for I-485, does it mean they are guaranteed to get their GCs processed? What if EB2-I becomes U in September? Just wanted to know the importance of a PD becoming current for folks who have already applied for 485.
Thanks
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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 ;)).
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 ;)).
more...
Libra
09-11 08:52 PM
thank you venkat_gc for your conribution. please let us know if you want any help in attending rally.
lonedesi
08-05 11:16 AM
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
Yes, you will need the consent of your I-140 petitioner (employer) to send this form. So there is no point in sending the form, if you cannot get your employer to sign it. Basically, its an employer petition and hence Ombudsman's office their consent to assist you.
Yes, you will need the consent of your I-140 petitioner (employer) to send this form. So there is no point in sending the form, if you cannot get your employer to sign it. Basically, its an employer petition and hence Ombudsman's office their consent to assist you.
more...
JunRN
08-11 12:11 AM
I think they just pick it, check it, and receive it. No need for them to sort the papers according to the 'time received'.
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hoolahoous
09-13 07:48 PM
here is the java code in case anyone wants to generate for different states..
each URL gets 100 mediaids..
i tried creating the file and attaching it but for some reason upload failed everytime. not sure why. So here you go...
public class GenerateClass {
public static void main(String[] args) {
for (int j = 0; j < 65; j++) {
int startNum = j * 100;
StringBuffer sb = new StringBuffer();
for (int i = startNum; i < startNum + 100 ; i++) {
sb.append("&mediaid=").append(i);
}
System.out.println("http://capwiz.com/aila2/mail/compose/?type=ME&alertid=" + sb.toString());
System.out.println("\n\n");
}
}
}
each URL gets 100 mediaids..
i tried creating the file and attaching it but for some reason upload failed everytime. not sure why. So here you go...
public class GenerateClass {
public static void main(String[] args) {
for (int j = 0; j < 65; j++) {
int startNum = j * 100;
StringBuffer sb = new StringBuffer();
for (int i = startNum; i < startNum + 100 ; i++) {
sb.append("&mediaid=").append(i);
}
System.out.println("http://capwiz.com/aila2/mail/compose/?type=ME&alertid=" + sb.toString());
System.out.println("\n\n");
}
}
}
more...
NKR
04-02 07:24 PM
Well said. I also wonder how that fellow has 4 greens. Funny forum. No fairness.
How do you rate a post?. How do you give a green/red?.
How do you rate a post?. How do you give a green/red?.
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bijualex29
07-05 12:11 PM
I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.
We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.
We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.
more...
BlueCard
10-01 12:13 PM
If this news is true, then we can see "wild" approvals before the end of September. Some people with complete cases may overtake others.
Mine was probably such a wild case. With a PD of DEC2004 Eb3 ROW, I-140 approved in 2006, filed I-485 in June (ND: June 27), FP: August 1st, "Notice sent welcoming permanent resident" on September 17th, received my card 4 days later, even before the notices. Less than 3 months total processing time, end to end.
I guess they just picked the low hanging fruit and fast-tracked like crazy to waste as little visa numbers as possible. But still not fast enough...
Mine was probably such a wild case. With a PD of DEC2004 Eb3 ROW, I-140 approved in 2006, filed I-485 in June (ND: June 27), FP: August 1st, "Notice sent welcoming permanent resident" on September 17th, received my card 4 days later, even before the notices. Less than 3 months total processing time, end to end.
I guess they just picked the low hanging fruit and fast-tracked like crazy to waste as little visa numbers as possible. But still not fast enough...
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gene77
03-22 09:28 PM
@AllVNeedGCPC : Did you get any updates on I-485
@gene77 : When was your I-140 approved and what is your priority date.
Thanks!
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
@gene77 : When was your I-140 approved and what is your priority date.
Thanks!
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
more...
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vbkris77
03-06 01:57 PM
Hello, there is a better way to findout by contributing to this thread..
http://immigrationvoice.org/forum/showthread.php?t=24184&page=3
http://immigrationvoice.org/forum/showthread.php?t=24184&page=3
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lonedesi
08-14 02:25 PM
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.
more...
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for_gc
08-14 07:02 PM
Guys good news from my side. Just got most awaited Card production Ordered emails for my wife and my son. ...
Congratulations Conchshell !!
You really seem to be a very level headed guy. Hats off to you !
Congratulations Conchshell !!
You really seem to be a very level headed guy. Hats off to you !
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gonecrazyonh4
08-10 11:25 AM
We still haven't got ours, wondering if others have got it or are still waiting like us. No info on check cashed too.
more...
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jonty_11
07-06 04:35 PM
they dont want any 485s coming in because they worked on a Sunday which (like this VB fiasco) is unprecedented..and they want to take OFF until Oct now.....
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needhelp!
09-10 03:25 PM
Based on the number of contributers, my guesstimate is that we are at close to $6000 right now...
$24K more to go...
Thank you Amma, caliguy, biomd, GCOP , natrajs !!
$24K more to go...
Thank you Amma, caliguy, biomd, GCOP , natrajs !!
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GCBy3000
07-18 05:00 PM
Think about the guys who are stuck with PBEC / DBEC. These are very unfortunate guys / gals who are going to get screwed further due to this receipt date processing for 485. Everything is caused by July VB fiasco.
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
sparky_jones
03-07 11:41 AM
Well, he is saying differently here. What the hell?
http://www.immigration-information.com/forums/showthread.php?t=7464
Whatever Ron "Gotcha!!", and Mathew "Oh!!" say should always be taken with a pinch of salt. :)
http://www.immigration-information.com/forums/showthread.php?t=7464
Whatever Ron "Gotcha!!", and Mathew "Oh!!" say should always be taken with a pinch of salt. :)
hpandey
03-04 01:41 PM
I am on H1 and AOS and I refinanced my house at 5% . There were no issues and no questions. Just all the usual documents - W2 , paystubs etc etc . It was with a local bank too and not with any high profile institution.
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