ras
10-16 05:47 PM
Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
Issue/Background:
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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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 If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be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 USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any 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
Issue/Background:
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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any 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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vdlrao
06-10 12:48 PM
It is simple. If the number of pending EB2 Apps before April 1st 2004 (India and China combined) is less than the number of spill over visa numbers, then there will be some forward movement in EB2 next month. If not, the dates will remain the same or may even retrogress.
what I am trying to say is USCIS works effectively for EB2 category as because they dont have much work in other EB categories.
what I am trying to say is USCIS works effectively for EB2 category as because they dont have much work in other EB categories.
kvrr
05-30 06:52 PM
I reside in Minnesota. My H1 expired in Dec 2006. Applied for 3 year H1 extension in Oct 2006 based on approved I-140. H1 extension approved on Feb 5, 2007. I received H4 extensions for my family. My H1 extension was lost in the mail. Contacted USCIS on phone a minimum 100 times and local senator's office. Local senator's office called the DMV and requested they extend my license temporarily for 3 months. Meanwhile I filed I-824 for duplicate copy and my lawyer filed I-907 for premium processing. Both were rejected. Last night I searched through google and sent mail to 4-5 mail addresses at CSC. Also called CSC for the last 2-3 days. Today I got a mail "Duplicate notice sent." I do not know whether it is a duplicate approved notice or instructions on how to reapply. Life is hell if document is lost in mail.
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manishs7
07-20 04:08 PM
Hilary and Obama said NO to Legal Immigration...
MCcain said YES...
Choice is yours..
THINK before you vote...
MCcain said YES...
Choice is yours..
THINK before you vote...
more...
vin13
03-12 04:20 PM
As much as I appreciate the efforts that the IV core team has put in, them being so secretive, it is almost like they have formed a cabal.
I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.
I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.
I know I am out of the rat race, so if you think I am being patronizing, my apologies.
I agree with you. I admire your involvement with this effort even after you got your GC.
I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.
I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.
I know I am out of the rat race, so if you think I am being patronizing, my apologies.
I agree with you. I admire your involvement with this effort even after you got your GC.
gctoget
07-16 11:53 AM
nice to see good activity on the forum. Please hold on from holding any rally until you hear from IV core. We have some good synergy amongst or members in So Cal, lets plan a meeting in the coming weeks and decide on an action plan. I would encourage you to start thinking about ideas/specific actions we can take. I have a few ideas and would share it on our so cal email distribution list. Who can take the initiative to organize this meeting? Twinbrothers? any one else? Pls P.M me.
Hi,
I have made a list of all SoCal members. It is coming upto 50. Please give us instructions on arranging a rally in LA, SanDiego or Orange county ASAP.
Hi,
I have made a list of all SoCal members. It is coming upto 50. Please give us instructions on arranging a rally in LA, SanDiego or Orange county ASAP.
more...
%252525252BThanx%252525252Bto%252525252BFabrizzio.jpg "her out Into an undercut")
kans23
07-18 01:40 PM
One time contribution $100. Already Contributed.More to come.and also added new members to contribute
Good Luck to our team.
Good Luck to our team.
2010 Filed under: Cuts amp; Style,
guy03062
09-11 04:57 PM
By the way, let me clarify that I have nothing against 2006 PD who got approved last month...but my frustration is against USCIS system who does not follow FIFO. Sorry if I have hurt someone's feelings.
This is really frustrating...moving EB2-I cut-off dates to Aug 2006, approving large number of 2006 PD cases and leaving 2003 - 2005 cases aside.
This is really frustrating...moving EB2-I cut-off dates to Aug 2006, approving large number of 2006 PD cases and leaving 2003 - 2005 cases aside.
more...
zoooom
07-14 07:10 PM
^^^
hair can avoid being undercut,
jayleno
10-17 03:20 PM
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS’ practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS’ practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
more...
reddymjm
01-06 10:40 AM
At least I know 3 or 4 universities in around MI and OH. They have only online classes and on Sunday. It allows most of the students to take their classes that way. The rest 6 days they can work any where and make money and pay the university. One of the universities has 90% of the students from one of the small countries adjacent to India.
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pappu
11-28 10:36 AM
Got legal immigration?
.
This is a great article. We will be making efforts to get it published. if somone can also write on the innvators (http://www.ocregister.com/ocregister/opinion/homepage/article_1366853.php) (If you doubt the contributions of foreign-born workers to our country, you simply need to look at the talent that has provided the United States with a high-technology edge. Sergey Brin, co-founder of Google, is Russian-born; Intel co-founder Andy Grove is from Hungary; Sabeer Bhatia, co-founder of Hotmail, is from India; Jerry Yang, originally from Taiwan, brought us Yahoo; Pierre Omidyar, founder of eBay, is from France; and Vinod Kholsa, co-founder of Sun Microsystems, is from India.) and how they helped America in the op-ed it will be another angle for us.
The article can talk about the talent, innovation high skilled immigrants bring to this country and be more specific to the greencard process. The above mentioned URL is specific to H1B visa.
.
This is a great article. We will be making efforts to get it published. if somone can also write on the innvators (http://www.ocregister.com/ocregister/opinion/homepage/article_1366853.php) (If you doubt the contributions of foreign-born workers to our country, you simply need to look at the talent that has provided the United States with a high-technology edge. Sergey Brin, co-founder of Google, is Russian-born; Intel co-founder Andy Grove is from Hungary; Sabeer Bhatia, co-founder of Hotmail, is from India; Jerry Yang, originally from Taiwan, brought us Yahoo; Pierre Omidyar, founder of eBay, is from France; and Vinod Kholsa, co-founder of Sun Microsystems, is from India.) and how they helped America in the op-ed it will be another angle for us.
The article can talk about the talent, innovation high skilled immigrants bring to this country and be more specific to the greencard process. The above mentioned URL is specific to H1B visa.
more...
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newuser
09-16 05:11 PM
Did use the technique mentioned here and was able to send the flyer to all new agencies in less then 5 minutes.
Dear All
The website
http://capwiz.com/aila2/dbq/media/ contains email/ address of 6479 media address
depends on javascript to force you to send only 5 messages at a time.
here is small shortcut:So switch off javascript
on IE go
Tools>Internet Options>Security>Internet>Custom level>Scripting
Close the browser and open it for again for your state.
also the format is like this if you want to send numerically
http://capwiz.com/aila2/mail/compose/?type=ME&alertid=&mediaid=1&mediaid=2&mediaid=3
the "&mediaid=1" seems to be the repeating unit except for the number
my IE only takes 179 address at a time As i mentioned there are 6479 address so if maybe some smart techie knows to increase the address bar size
drak70
Dear All
The website
http://capwiz.com/aila2/dbq/media/ contains email/ address of 6479 media address
depends on javascript to force you to send only 5 messages at a time.
here is small shortcut:So switch off javascript
on IE go
Tools>Internet Options>Security>Internet>Custom level>Scripting
Close the browser and open it for again for your state.
also the format is like this if you want to send numerically
http://capwiz.com/aila2/mail/compose/?type=ME&alertid=&mediaid=1&mediaid=2&mediaid=3
the "&mediaid=1" seems to be the repeating unit except for the number
my IE only takes 179 address at a time As i mentioned there are 6479 address so if maybe some smart techie knows to increase the address bar size
drak70
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coopheal
12-27 12:20 PM
Let's brainstorm on what we can do to remove country limits restrictions.
We will push for that in CIR if not prior.
We will push for that in CIR if not prior.
more...
pictures her out Into an undercut
Libra
09-28 09:52 PM
I can work on weekend for free, where to apply? atleast i can push some of them out of line. i mean i am very good in approving cases.
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franklin
07-16 01:59 AM
...let your Nor Cal members know - I'm trying to prepare a comprehensive document with lessons learned from the San Jose rally. Sort of a post mortem "what went right, what went wrong, how to improve" thing. It may take a few days, as we are all recovering and catching up!
Feel free to pm or email if you need anything or have questions.
I don't want to sound like a know-it-all, but we are more than willing to help out however we can.
Drona, from SoCal, was up for the rally and integral in helping out as well.
Feel free to pm or email if you need anything or have questions.
I don't want to sound like a know-it-all, but we are more than willing to help out however we can.
Drona, from SoCal, was up for the rally and integral in helping out as well.
more...
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kaisersose
07-19 12:32 PM
Cases will be processed on RD only. However approval is based on PD.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
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coolmanasip
08-23 03:05 PM
If implemented, would this cause audits/additional reviews of already approved I-140s? My 140 was approved in January 2007 in EB2 - Exceptional Ability/Advanced Degree. Hope this does not cause any issues for people like me....
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h1b_forever
03-04 09:57 AM
I can understand rejecting loans for H1 since it is supposed to be temporary employment, but it does not make sense to reject for people on EAD.
I am in the process of refinancing, but I provided my H1 papers instead of EAD and my application was approved.
It is possible each company has a different policy. I went through Wells Fargo this time.
I am in the process of refinancing, but I provided my H1 papers instead of EAD and my application was approved.
It is possible each company has a different policy. I went through Wells Fargo this time.
eb3retro
03-12 06:35 PM
Just got the email that Card Production Ordered. I hope it means the GC has been approved. Do any of you know of any situation like this?
r u sure, u r eb3, cos, in USCIS world, u need to be atleast 50 years old or waited in the 485 sstage for more than 10 years to get a GC in eb3? did u port pd or country interchangeability etc? either ways..congratulatiosn to u. hope you are not kidding around, cos ur case, is a kind of ray of hope for other eb3 veterans here.
r u sure, u r eb3, cos, in USCIS world, u need to be atleast 50 years old or waited in the 485 sstage for more than 10 years to get a GC in eb3? did u port pd or country interchangeability etc? either ways..congratulatiosn to u. hope you are not kidding around, cos ur case, is a kind of ray of hope for other eb3 veterans here.
webm
03-20 01:26 PM
See my comments in Bold
Folks,
Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?
--Yes
If yes, then can she travel on AP while I'm still on H1 visa?
--Yes
If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?
--No i dont think he will ask..Even if he asks you can tell clearly Primary applicant (yourself) still on H1 and derivate(your wife) using EAD for work.
HTH,
Folks,
Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?
--Yes
If yes, then can she travel on AP while I'm still on H1 visa?
--Yes
If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?
--No i dont think he will ask..Even if he asks you can tell clearly Primary applicant (yourself) still on H1 and derivate(your wife) using EAD for work.
HTH,
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