nk2006
10-16 04:29 PM
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
wallpaper cut in externalshark
GCBy3000
01-10 02:05 PM
Dear friend,
All these are relative calculations. Who the hell in the world asked any firm to calculate the millionaries in terms of dollars. You have to check PPP. What a dollar could do in US could not do anything in Europe/UK. But you can get to eat three times in India for a dollar. You can do two haircuts for a dollar and more...
With the above, India has many millionaries. Also if rupee strengthens and dollar weakens( which is not likely now), India will have billion millionaires.
Who said that 1 crore is middle class in India ???
That would mean 1 billion poor people in india according to this article, and that will include you...
http://www.rediff.com/money/2004/jul/14rich.htm
http://www.realestatetimes.in/index.php?title=india_developing_more_upmarket_apa rtment&more=1&c=1&tb=1&pb=1
http://www.sunmediaonline.com/indiachroniclejuly06/newsmakers.html
India�s millionaires on the rise
India�s millionaire population in 2005 shot up by 19.3 per cent over the past year, second only to South Korea�s 21.3 per cent on world charts. The World Wealth Report, released by Merrill Lynch and Capgemini, says India had 83,000 millionaires (people with more than $1 million or Rs 4.5 crore in net financial assets, excluding their residence and consumables).
The rate at which India is producing rich people is hardly surprising, says the report. It goes on: "Also according to the most recent Goldman Sachs projections, India has the potential to become the fourth largest economy by 2025 and the third largest by 2050, behind only the United States and China."
Worldwide, the number of millionaires swelled by half a million in 2005 and there were 8.7 million of them, more than New York's population.
On the top of the charts is the US with a millionaire population of 2.67 million, nearly a third of the global millionaire population. Germany, the UK, China, Canada, Australia, Brazil, and Russia, among others, each have more than 100,000 millionaires
All these are relative calculations. Who the hell in the world asked any firm to calculate the millionaries in terms of dollars. You have to check PPP. What a dollar could do in US could not do anything in Europe/UK. But you can get to eat three times in India for a dollar. You can do two haircuts for a dollar and more...
With the above, India has many millionaries. Also if rupee strengthens and dollar weakens( which is not likely now), India will have billion millionaires.
Who said that 1 crore is middle class in India ???
That would mean 1 billion poor people in india according to this article, and that will include you...
http://www.rediff.com/money/2004/jul/14rich.htm
http://www.realestatetimes.in/index.php?title=india_developing_more_upmarket_apa rtment&more=1&c=1&tb=1&pb=1
http://www.sunmediaonline.com/indiachroniclejuly06/newsmakers.html
India�s millionaires on the rise
India�s millionaire population in 2005 shot up by 19.3 per cent over the past year, second only to South Korea�s 21.3 per cent on world charts. The World Wealth Report, released by Merrill Lynch and Capgemini, says India had 83,000 millionaires (people with more than $1 million or Rs 4.5 crore in net financial assets, excluding their residence and consumables).
The rate at which India is producing rich people is hardly surprising, says the report. It goes on: "Also according to the most recent Goldman Sachs projections, India has the potential to become the fourth largest economy by 2025 and the third largest by 2050, behind only the United States and China."
Worldwide, the number of millionaires swelled by half a million in 2005 and there were 8.7 million of them, more than New York's population.
On the top of the charts is the US with a millionaire population of 2.67 million, nearly a third of the global millionaire population. Germany, the UK, China, Canada, Australia, Brazil, and Russia, among others, each have more than 100,000 millionaires
BharatPremi
07-06 01:57 PM
This is too confusing, it looks like USCIS is going crazy.
No This is a height of Cruelity from USCIS. They must have interpreted lot of phone calls and inquiries as "people might not have understood the revision" as they are not from "English Speaking" countries so change it and put "Flip" and "Flop" together as somebody mentioned ahead. But if people might not have understood "Flip" and "Flop" then how can they understand "Flip-Flop"?:)
No This is a height of Cruelity from USCIS. They must have interpreted lot of phone calls and inquiries as "people might not have understood the revision" as they are not from "English Speaking" countries so change it and put "Flip" and "Flop" together as somebody mentioned ahead. But if people might not have understood "Flip" and "Flop" then how can they understand "Flip-Flop"?:)
2011 their view of dogfish
Ann Ruben
05-14 04:38 PM
There is no official process or filing fee. Attorneys generally represent both the employer and the employee. Because revoking the petition could harm the employee, a conflict of interest arises. Accordingly, most immigration attorneys would not want to be involved in assisting in the revocation of petitions.
more...
GCOP
08-13 03:52 PM
Thank you Conchshell , willwin for your active participation to resolve EB3 visa problem.
I agree to go to DC and meet congress members , which would probably help to win support for Visa Recapture Bill.
Whichever date you decide, just PM to me.
IV help will be appreciated to arrange the meetings.
I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).
some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
I agree to go to DC and meet congress members , which would probably help to win support for Visa Recapture Bill.
Whichever date you decide, just PM to me.
IV help will be appreciated to arrange the meetings.
I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).
some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
eagerr2i
11-06 12:21 AM
Dear Jimi,
I am here in Los Angeles County in the city of Pasadena. It would be really nice if we could organize the So Cal Chapter and coordinate our " meet the lawmakers type meetings in the LA/San Diego area.
Thanks for taking the lead on this one. I will ask others that I know in LA to join this capter as well.
Thanks.
AS
I am here in Los Angeles County in the city of Pasadena. It would be really nice if we could organize the So Cal Chapter and coordinate our " meet the lawmakers type meetings in the LA/San Diego area.
Thanks for taking the lead on this one. I will ask others that I know in LA to join this capter as well.
Thanks.
AS
more...
black_logs
03-16 01:14 PM
I will agree with you partially, you're right, big corporates can make a difference, but I said partially because I feel we are more powerful than the corporates. Look at the numbers, inspite of atleast 350,000 applications stuck in Labor Backlogs & other 200,000 people waiting to file their adjustment of status, we just have 1200 members. So there are only 1-2 % people who thinks they or their fellow citizens can do something. If even 20% of this population start making noise, you'll have a different opinion...
[I posted this comment at another thread a few minutes ago. For a wider read I am also posting here]
Newt said Nothing is going to happen on this Specter or any other immigration bills in Senate. The conference with House will not agree to ......
[I posted this comment at another thread a few minutes ago. For a wider read I am also posting here]
Newt said Nothing is going to happen on this Specter or any other immigration bills in Senate. The conference with House will not agree to ......
2010 freshwater sharks
vpadman
01-07 03:45 PM
What are the scenarios under which emergency AP is applicable ?
more...
JunRN
08-12 02:26 AM
With the current situation, I think it may take 2 to 3 months...
hair dogfish sharkmost sharks
chandsri81
04-25 02:16 PM
Thank you for your reassurance. I will Give the bank the I140 notice as well. I would hate to lostme the house after coming so far. Which bank did you go with?
more...
Totoro
05-02 09:25 AM
Please contact me, PM or post, if you are willing to be interviewed for a news story on this. You should be a professional in the San Jose / Bay area, although anyone in California should contact me. I will forward your information to the reporter.
On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.
Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.
"Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."
I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.
On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.
Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.
"Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."
I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.
hot minks, dogfish sharks,
Blessing&Lifeisbeautiful
07-24 04:59 PM
Even if you are RN licenes and educated in the USA. You still need a visa screen. I had to apply for visa screen. In my case it took only 1 week to get it. you can apply on line and send your documents. I'm not sure about the EAD though. YOu may wwant to post your question on the free Consultaion thread.
www.cgfns.org
I have applied for my visascreen, but the lawyer is saying that EAD and probably the application may be denied! I thought that it is required at the later stages of the GC process.
Now please share the secret of HOW you got a visascreen in 1 week! I'm flabbergasted. This is the first I heard. Please share
www.cgfns.org
I have applied for my visascreen, but the lawyer is saying that EAD and probably the application may be denied! I thought that it is required at the later stages of the GC process.
Now please share the secret of HOW you got a visascreen in 1 week! I'm flabbergasted. This is the first I heard. Please share
more...
house Pectoral+girdle+of+a+shark
dask
09-01 11:00 AM
Came to US in 2000 Labor filed 2002 Jan 31st in EB-3........took 4 yrs to clear labor from Dallas backlog center...I-140 approved in 2007 and filed I-485....
Still counting days...........gave up actually....USCIS will probably start VIBYORG instead of
VIBGYOR
First :Violet card
Second: Indigo card
Third: Blue card
Fourth: Yellow card
Fifth: Orange card
Sixth: Red card
Seventh: Green card
:mad:
good luck to all......
~dask
PD Jan 31st 2002 EB-3 (I)
Still counting days...........gave up actually....USCIS will probably start VIBYORG instead of
VIBGYOR
First :Violet card
Second: Indigo card
Third: Blue card
Fourth: Yellow card
Fifth: Orange card
Sixth: Red card
Seventh: Green card
:mad:
good luck to all......
~dask
PD Jan 31st 2002 EB-3 (I)
tattoo of development in dogfish.
gc28262
03-05 08:15 AM
.................................................. .........................................
.................................................. ............................................
Generally Numbers dont lie (except Satyam) and I havent heard anything in Congress that may be remotely close to passing that may change the landscape for EB folks and therefore am guessing that they have not really been intimated on any urgent action to be done within next few months for something looming.
Who knows, maybe Obama is preparing for CIR 2009 now. Before CIR he maybe planning to push all legal EB cases. Remember July 2007 fiasco happened in the backdrop of CIR 2007.
My guess.
.................................................. ............................................
Generally Numbers dont lie (except Satyam) and I havent heard anything in Congress that may be remotely close to passing that may change the landscape for EB folks and therefore am guessing that they have not really been intimated on any urgent action to be done within next few months for something looming.
Who knows, maybe Obama is preparing for CIR 2009 now. Before CIR he maybe planning to push all legal EB cases. Remember July 2007 fiasco happened in the backdrop of CIR 2007.
My guess.
more...
pictures The shark depicted in Jaws is
fightforit
04-30 03:06 PM
I faced a similar response when I called Senator Scott Brown's office. His staff member categorically stated that he is against amnesty, but is 'sympathetic' to the cause of legal immigrants. I explained that as members of IV, we are working towards legal immigration reform since the process is stagnant (without trying to diss illegal immigrants). Its an awkward situation trying to separate the two...but I think we really need to.
However, my greatest fear is that even though legal immigration reform may garner bi-partisan support, who in Congress will take it up on its own if CIR gets shot down?? Legal immigrants are in much smaller numbers than illegal ones..and will anybody take up our cause without the other?
However, my greatest fear is that even though legal immigration reform may garner bi-partisan support, who in Congress will take it up on its own if CIR gets shot down?? Legal immigrants are in much smaller numbers than illegal ones..and will anybody take up our cause without the other?
dresses Spiny+dogfish+shark+
sam2006
07-19 12:53 AM
thank you :)
Signed up mothly contribution from july.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
Signed up mothly contribution from july.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
more...
makeup the end of black dogfish
Libra
09-10 01:36 PM
Thank you guys, you guys are the best. It would be really great if you all can make it to rally. who can't make it, thanks for contribution.
girlfriend From mar reef shark manta ray
trueguy
02-23 01:11 PM
people,
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
Here start the fresh round of stories. Now we will hear many stories like this but don't know what to believe until it actually happens. I just hope (and pray) that what you said is true and Govt start treating legals and illegals separately.
Thanks.
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
Here start the fresh round of stories. Now we will hear many stories like this but don't know what to believe until it actually happens. I just hope (and pray) that what you said is true and Govt start treating legals and illegals separately.
Thanks.
hairstyles Shark
santb1975
05-25 10:08 AM
yes it has been
rajeev_74
04-25 02:44 PM
I just wanted to bring it to the table...I think all of us have the right to voice our opinion & looks like we all have in the case. Now it should be upto the IV to take it or leave it. They are the leaders in this initative & let them make the final call on if it needs to be part of our agenda or not. Thanks
funny
09-12 01:44 PM
At least I won't give u red dots if you can enlighten us how to get us out of this mess. And yes, we do want our green card so I don't think we can stop the process or stop spending money on that. Also please advise us how to bring all 70K people under one umbrella?
I am in too...How can we organize all the members...70,000 is a lot of people, Any thing done effectively and efficiently will make an impact.
I am in too...How can we organize all the members...70,000 is a lot of people, Any thing done effectively and efficiently will make an impact.
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