akhilmahajan
07-16 11:01 AM
Total So far 1970.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC.
COME ON FOLKS HELP IV HELP YOURSELF.
COME ON FOLKS HELP IV HELP YOURSELF.
wallpaper her troop of garden gnomes
alok_msh
07-14 02:39 PM
Sent 25$ Conf: 7YB5G-450FX
kumar1305
02-24 04:12 PM
Interesting discussion...
My point - I am going to take things in a stride, basically wait till I can - doesn't hurt me as long as I go about my daily routine.
All who are thinking of jumping the fence and giving up, one piece of advice - if you do not have kids and plan to have any in this life, please do it NOW - have them be born here (all of them) and then move on with whatever / wherever you want to go.
At least this is a gift you will be giving your kids for their lifetime and all the generations following them (remember - a US citizen's kid can be a US citizen no matter where he/she is born) - so you will be arranging US citizenship for all your great^n * grand * kids (0 <= n <= infinity) !
This is how I think about it when I do not think about MYSELF. Once the kids are born, you can flaunt their American Passports and feel happy in their well-being and security (for whatever it is worth) and move on to Canada / India / Singapore / wherever! Live happily.
And do not forget your kids can sponsor you when they are 21.
My point - I am going to take things in a stride, basically wait till I can - doesn't hurt me as long as I go about my daily routine.
All who are thinking of jumping the fence and giving up, one piece of advice - if you do not have kids and plan to have any in this life, please do it NOW - have them be born here (all of them) and then move on with whatever / wherever you want to go.
At least this is a gift you will be giving your kids for their lifetime and all the generations following them (remember - a US citizen's kid can be a US citizen no matter where he/she is born) - so you will be arranging US citizenship for all your great^n * grand * kids (0 <= n <= infinity) !
This is how I think about it when I do not think about MYSELF. Once the kids are born, you can flaunt their American Passports and feel happy in their well-being and security (for whatever it is worth) and move on to Canada / India / Singapore / wherever! Live happily.
And do not forget your kids can sponsor you when they are 21.
2011 traveling garden gnome
Suva
07-20 11:39 AM
Extremely disapointed.
more...
badluck
07-06 12:59 PM
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
niklshah
08-02 04:23 PM
i am a 2nd july filer, my cheques were cashed today. filed at nebraska
more...
9years
10-21 02:40 PM
Thank you all and I will contribute. to IV.
2010 Garden Gnome Costume
aussienyc
01-03 04:59 PM
Ive been here 4 and a half years. PD of dec 06 Im 25 from australia. I didnt intend on staying, but fell in love with NY ater 3 years.. I have elderly parents, and nieces and nephews i have missed growing up, however i keep in touch by phone regularly, and try to visit every year. I know I want to stay here for at least the next 10 years. After that .. i dont know..
Im in a serious relationship with a US citizen, however I want my greencard before we take the plunge. I dont want any doubts on us taking the next step. I may have to leave in August as my L1B is expiring, and she is in grad school working towards a PHD, so her having to come home with me would put a massive hault in her life. so frustrating.. My brother went through a very similar thing in Australia with his italian girlfriend before they got married 7 years ago.
i just hope congress do something soon..
Im in a serious relationship with a US citizen, however I want my greencard before we take the plunge. I dont want any doubts on us taking the next step. I may have to leave in August as my L1B is expiring, and she is in grad school working towards a PHD, so her having to come home with me would put a massive hault in her life. so frustrating.. My brother went through a very similar thing in Australia with his italian girlfriend before they got married 7 years ago.
i just hope congress do something soon..
more...
ksach
02-12 02:56 AM
it means freedom and a respect for my education, my skills and my hard work.
read my story below.
-------------------------------------------------------
America, the land of opportunity and freedom.
These days when I hear America being any of the above, I usually
sneer. 6 long years have thought me not to accept everything I hear.
Back home, I had respect. I had a good education and a great job. I
got an education from the best schools and the best colleges. I worked
for a big multi-national with a big fat salary and lots of
opportunities to travel to countries on work. I was a success. But I
wanted to be more. I wanted to be global. I wanted to work in a
different country for sometime. I loved seeing different cultures,
seeing different places; I wanted to see the world. Thats when the
offer for a job in the US came. I took it up because I could see the
US of A, the land of the free, the land of opportunity, the land of
the Cisco's and Microsofts and more importantly, the land of dreams. I
thought a couple of years working away from home would do me no harm.
Boy, was I wrong!!!!
The first few years in my new country of residence were difficult. I
worked for a startup with its crazy hours and insane schedules. Far
from seeing new places, I was busy at work. But I did not complain. I
liked the work and the company's passion to create something new. No
longer was I working on the junk companies outsource to third world
companies. I was working on the actual product, creating something
that was not done before, something I could be proud off. I was busy
at work, but it was not difficult to notice something, the Americans
worked hard, the people with green card worked harder, but the people
on H1-B worked hardest. I guess, the people on H1B had the most to
lose. But I did not give a hoot. I had a product to deliver. I never
had the time to think about my green card. I still wanted to go back
to my country, maybe not right now, but I wanted to. Right now, my
work was my priority and I would concentrate on that.
Slowly the years went by, and unknowningly I started seeing the
American Dream. I got a new car and expensive clothes, I started going
out with my friends, visited new places, and more importantly I
stopped feeling homesick. The apartment I shared with my friends was
my new home. So when my company asked me if they could do my green
card, I readily agreed.
I should have seen the signs. There were many of them; but I chose to
ignore. I should have know that people are exploited when I heard a
top executive at my company say once that he expects everyone to work
long hours and weekends because we had no options. The job market
outside was bad and none of us could find jobs. I should have known
that my cultural background mattered when the girl at the Albertson's
counter did not even look up to me, but was very friendly with all the
Americans ahead of me, or when an office colleauge introduced his girl
friend to all americans but ignored the Indians. I chose to ignore all
this, because I thought it does not affect me. As long as I did my
work or followed the rule of the land, nothing else mattered. I was
wrong again.
Two things changed in 2005. My company went down and I got married. I
was on H1B and had to find a job soon. I was already at the end of my
H1B tenure so not many companies were interested. That is when I
realized the disadvantage of being on an H1B. It did not matter that
my resume was impressive. My H1B status was more important than my
skill set. It it did not matter that I had already spent a lot years
in this country and my green card had been filed. It was hard finding
a job that would sponsor my H1B and my green card again. I did manage
to find one. But I was not lucky on my home front. My wife could not
work because she was on a dependent visa. She had given up a career in
India to be with me, but reality hit soon when she started getting
bored. She kept herself busy with books, TV and cooking. And life went
on, hoping that we would get our green card soon and we would be free
again. Free to find a job of my liking for me, and free to do any job
for my wife.
Its Feb 2007 now and there's still no sign of the green card. I
stopped hoping for one. I dont care for one. All I care for now is my
wife to be able to work in something she likes within any legal
boundaries.
Its been a long time since I legally came to this country. I was young
and succesful then. And now as I cross another anniversary of my
landing in the US, I reflect upon what I have gained. I have gained a
big bank balance, a good car, a good lifestyle. What have I lost -
plenty. I have lost my career, my freedom, my health, my marriage and
my family. I have been stuck in the same job for many many years while
all my friends have climbed up the corporate ladder back home in
India. Its not easy working on an H1B. My marriage has suffered
because my wife is unhappy that she cannot work, she's close to a
breakdown, my health has suffered because of all the thinking, and my
parents have sufferred because I have not been able to take care of
them. I never have cried so much at my helplessness as I have cried in
the last one year.
One thing I have realized about the US is that it is no different than
any country. Like any other country, the exploitable are always
exploited. (The big companies are not willing to fight for the welfare
of their employees. They fight to get more people into the country to
exploit.) Like any other country, the only thing that gets politicians
excited is money and votes. (Why do we need so money to lobby the
politicians? Isn't freedom and justice reasons good enough?) Like any
other country, it discriminates between the have and the have nots. It
is a country that has no respect for people. (Ask anyone who goes for
a visa stamping in the US embassy in India. I have seen old people and
ladies with small kids spend hours in the hot Chennai Sun to enter the
embassy for an appointment, just to be spoken rudely by the Visa
office. There was not even a shelter outside to block the sun. I have
never seen people turn into US haters so soon). It is a country that
wants our brains, but is not willing to show a heart.
Some people may argue that I have the freedom to quit my job and go
back to my country. But that is not freedom enough. I want the freedom
to choose when I want to go back. Its not easy to pack 8 years of your
life in a jiffy. Its not easy to pack 8 years of your life into 2
suitcases. Neither is it easy to restart your life in a different
place, even if its your own. It reminds me of an Indian saying -
"dhobi ka kutta - na ghar ka, na ghat ka". It means, a washerman's dog
belongs neither to the house nor the river banks. Thats me in a
nutshell, a "dhobi ka kutta."; a washerman's dog!!!
ps: I love this country as much as I love my own. But I wish this country loved me back as well.
read my story below.
-------------------------------------------------------
America, the land of opportunity and freedom.
These days when I hear America being any of the above, I usually
sneer. 6 long years have thought me not to accept everything I hear.
Back home, I had respect. I had a good education and a great job. I
got an education from the best schools and the best colleges. I worked
for a big multi-national with a big fat salary and lots of
opportunities to travel to countries on work. I was a success. But I
wanted to be more. I wanted to be global. I wanted to work in a
different country for sometime. I loved seeing different cultures,
seeing different places; I wanted to see the world. Thats when the
offer for a job in the US came. I took it up because I could see the
US of A, the land of the free, the land of opportunity, the land of
the Cisco's and Microsofts and more importantly, the land of dreams. I
thought a couple of years working away from home would do me no harm.
Boy, was I wrong!!!!
The first few years in my new country of residence were difficult. I
worked for a startup with its crazy hours and insane schedules. Far
from seeing new places, I was busy at work. But I did not complain. I
liked the work and the company's passion to create something new. No
longer was I working on the junk companies outsource to third world
companies. I was working on the actual product, creating something
that was not done before, something I could be proud off. I was busy
at work, but it was not difficult to notice something, the Americans
worked hard, the people with green card worked harder, but the people
on H1-B worked hardest. I guess, the people on H1B had the most to
lose. But I did not give a hoot. I had a product to deliver. I never
had the time to think about my green card. I still wanted to go back
to my country, maybe not right now, but I wanted to. Right now, my
work was my priority and I would concentrate on that.
Slowly the years went by, and unknowningly I started seeing the
American Dream. I got a new car and expensive clothes, I started going
out with my friends, visited new places, and more importantly I
stopped feeling homesick. The apartment I shared with my friends was
my new home. So when my company asked me if they could do my green
card, I readily agreed.
I should have seen the signs. There were many of them; but I chose to
ignore. I should have know that people are exploited when I heard a
top executive at my company say once that he expects everyone to work
long hours and weekends because we had no options. The job market
outside was bad and none of us could find jobs. I should have known
that my cultural background mattered when the girl at the Albertson's
counter did not even look up to me, but was very friendly with all the
Americans ahead of me, or when an office colleauge introduced his girl
friend to all americans but ignored the Indians. I chose to ignore all
this, because I thought it does not affect me. As long as I did my
work or followed the rule of the land, nothing else mattered. I was
wrong again.
Two things changed in 2005. My company went down and I got married. I
was on H1B and had to find a job soon. I was already at the end of my
H1B tenure so not many companies were interested. That is when I
realized the disadvantage of being on an H1B. It did not matter that
my resume was impressive. My H1B status was more important than my
skill set. It it did not matter that I had already spent a lot years
in this country and my green card had been filed. It was hard finding
a job that would sponsor my H1B and my green card again. I did manage
to find one. But I was not lucky on my home front. My wife could not
work because she was on a dependent visa. She had given up a career in
India to be with me, but reality hit soon when she started getting
bored. She kept herself busy with books, TV and cooking. And life went
on, hoping that we would get our green card soon and we would be free
again. Free to find a job of my liking for me, and free to do any job
for my wife.
Its Feb 2007 now and there's still no sign of the green card. I
stopped hoping for one. I dont care for one. All I care for now is my
wife to be able to work in something she likes within any legal
boundaries.
Its been a long time since I legally came to this country. I was young
and succesful then. And now as I cross another anniversary of my
landing in the US, I reflect upon what I have gained. I have gained a
big bank balance, a good car, a good lifestyle. What have I lost -
plenty. I have lost my career, my freedom, my health, my marriage and
my family. I have been stuck in the same job for many many years while
all my friends have climbed up the corporate ladder back home in
India. Its not easy working on an H1B. My marriage has suffered
because my wife is unhappy that she cannot work, she's close to a
breakdown, my health has suffered because of all the thinking, and my
parents have sufferred because I have not been able to take care of
them. I never have cried so much at my helplessness as I have cried in
the last one year.
One thing I have realized about the US is that it is no different than
any country. Like any other country, the exploitable are always
exploited. (The big companies are not willing to fight for the welfare
of their employees. They fight to get more people into the country to
exploit.) Like any other country, the only thing that gets politicians
excited is money and votes. (Why do we need so money to lobby the
politicians? Isn't freedom and justice reasons good enough?) Like any
other country, it discriminates between the have and the have nots. It
is a country that has no respect for people. (Ask anyone who goes for
a visa stamping in the US embassy in India. I have seen old people and
ladies with small kids spend hours in the hot Chennai Sun to enter the
embassy for an appointment, just to be spoken rudely by the Visa
office. There was not even a shelter outside to block the sun. I have
never seen people turn into US haters so soon). It is a country that
wants our brains, but is not willing to show a heart.
Some people may argue that I have the freedom to quit my job and go
back to my country. But that is not freedom enough. I want the freedom
to choose when I want to go back. Its not easy to pack 8 years of your
life in a jiffy. Its not easy to pack 8 years of your life into 2
suitcases. Neither is it easy to restart your life in a different
place, even if its your own. It reminds me of an Indian saying -
"dhobi ka kutta - na ghar ka, na ghat ka". It means, a washerman's dog
belongs neither to the house nor the river banks. Thats me in a
nutshell, a "dhobi ka kutta."; a washerman's dog!!!
ps: I love this country as much as I love my own. But I wish this country loved me back as well.
hair Garden Gnome 3
abhisec
07-15 03:59 PM
sent $10 thru bill pay. Let's keep going!
more...
dummgelauft
04-30 10:23 AM
I don't know where the phone campaign stands in light of this
Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)
POTUS has openly declared "no appetite for CIR"...
So, I guess, all we can do is eat the kela that has once again been given to us...
Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)
POTUS has openly declared "no appetite for CIR"...
So, I guess, all we can do is eat the kela that has once again been given to us...
hot Mens Adult 4Pc. Garden Gnome,
makemygc
10-25 11:59 PM
I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
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
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
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
more...
house Flower Garden Gnome
for_gc
10-01 04:22 PM
This is how this law is written. The limit of 140K is for a fiscal year. With next year having its own quota.
USCIS cannot change the law.
This makes sense as well. Let us say if we had this limit for all of ten years in the past and only some of them hit the limit, then we will have this revolving balance which will keep getting carried forward and may total to 500000 or so by now.
No, thats not the intent of the law which is to restrict immigration in a given category in a given year.
USCIS cannot change the law.
This makes sense as well. Let us say if we had this limit for all of ten years in the past and only some of them hit the limit, then we will have this revolving balance which will keep getting carried forward and may total to 500000 or so by now.
No, thats not the intent of the law which is to restrict immigration in a given category in a given year.
tattoo Lady Blue Garden Gnome
punjabi
08-13 04:52 PM
Hi buddyinus,
We all are going through hard time, but we do not need to display our hard feelings for someone through the forum! If you are upset at someone or if you have complains, email the Admin or a Super Moderator.
Do not write rude. Be a little professional at your behavior and communicate professionally.
Now, the fool is trying to change the subject by asking ppl to join the rally. Why in the world wud ppl trust him? The thread is barely 10 pages and after realizing that therez no point in discussing about what this thread is all about, he has shifted subject loyalites. How lame and insane is this guy? Pappu, LogicLife where r u guyz? Why dont u ban him?
We all are going through hard time, but we do not need to display our hard feelings for someone through the forum! If you are upset at someone or if you have complains, email the Admin or a Super Moderator.
Do not write rude. Be a little professional at your behavior and communicate professionally.
Now, the fool is trying to change the subject by asking ppl to join the rally. Why in the world wud ppl trust him? The thread is barely 10 pages and after realizing that therez no point in discussing about what this thread is all about, he has shifted subject loyalites. How lame and insane is this guy? Pappu, LogicLife where r u guyz? Why dont u ban him?
more...
pictures a proper costume post.
conundrum
04-30 03:17 PM
the chair person has just asked the best question of the day, about EB2 person having to wait even though the DOL has approved their case
dresses Costume Includes: Jumpsuit
rameshk75
01-18 11:49 PM
Check with your employer/attorney before going to the local office. They might have received your documents by now.
more...
makeup Garden+gnome+costume
jonty_11
07-06 01:09 PM
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month
ok this is from Oh's website..pelase always quote source.
ok this is from Oh's website..pelase always quote source.
girlfriend as a female yard gnome to
diptam
12-18 12:33 PM
My lawyer received it on Dec 16th - they said that they need at least 2 weeks to answer the RFE. They also mentioned that the RFE doesn''t ask for any specific paperwork , its like a Question-Answer Form.
a) Why do you need this guy
b) Can you find an american instead of this guy
c) How you benchmark performance in the company
etc...
diptam : Whether your I-140 is approved now?
a) Why do you need this guy
b) Can you find an american instead of this guy
c) How you benchmark performance in the company
etc...
diptam : Whether your I-140 is approved now?
hairstyles I think my Halloween costume
punjabi
08-02 06:22 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
....
It is better to appear in person because of the two reasons:
1. Avoid any chances of losing/delaying the mail.
2. If any extra document is needed, you will come to know right away and you can ask your questions/doubts at the same time.
I went in person to the SFO Office and got my passport next day.
Punjabi
....
It is better to appear in person because of the two reasons:
1. Avoid any chances of losing/delaying the mail.
2. If any extra document is needed, you will come to know right away and you can ask your questions/doubts at the same time.
I went in person to the SFO Office and got my passport next day.
Punjabi
ivvm
09-13 10:16 PM
Paypal Payment Sent (ID #4VL772199A7170058)
guy03062
03-16 03:25 PM
Can u pls post the content?
Compromise reached on guest-worker plan
Senate panel's deal includes legalization proposal
http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php
Compromise reached on guest-worker plan
Senate panel's deal includes legalization proposal
http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php
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