RNGC
06-24 09:44 AM
these were the kind of points I was looking for.....I will do this as my summer essay :) and share with IV when it is done.
America is definitely losing out because of prolonged Green card processing. I know of many well educated PostGraduates, Physicians who were not able to pursue their careers in Research, fellowships because they have to be stuck in one fixed position without any progress to obtain the green card. they are being denied of the opportunity to find new cures, innovations that could potentially help the humanity. true US is getting the taxes from the main H1 applicant, but what about the well educated spouses and dependants. don't they have a role in contributing to the development of the country, they are made to pay higher tuition fees and they cannot work on dependent status. Only the lucky few who were able to fille for I-485 in 2007 got their EADs, but what about the long waiting for 485 filing and EAD since 2000 and before? Even today you if you are EB3 or EB2, you cannot apply for 485 and so your family cannot get EAD and so cannot work.
Many software professional and other highly educated workers can contribute much more to the Economy like how they did in 1990s by becoming enterpreneurs, but they will not be able to do anything while on "temporary visas" as they are much more concerned about maintaining their status, extending their status every few years. many people are even hesitant to buy a house, agree a few of us have bought houses and other properties, but vast majority of us are still very hesitant to do it as we can never feel fully secure of our job. If you have the Greencard you will atleast be confident that you can find a job in the area where you buy the house.
If you look at the procedures for Drivers licenses, even though the legal workers go through rigorous security checks while obtaining visas and changing/extending status with USCIS and almost all of them are verywell educated and very responsible, you have to go through a big hassle to obtain the Drivers licences and some people are being made to wait for months even after providing all the required documentation. In some states, dependents are not given Drivers Licenses and in other states, you legal workers/students get a "special drivers license" with which there is much scope for being discriminated just on the basis of this license, and if you move to a different state, this special license is not recognized and you have to apply for a fresh license, take written test, driving test and go through all the hassles again even though you have been driving in US legally for more than 10 years.
these hard working young professionals are losing the most important phase of their lives waiting for the elusive greencard and by the time the get it they are much older and don't have the same zeal for new ideas like how they did before and end up taking care of other responsibilities including family. I can go on and on like this. after we have been through all these testing circumstances, please do not say that America has not lost anything, but the biggest losers of all are the legal immigrants.
this is a process where there are no winners, but only losers. this lengthy backlogged process is resulting in a great loss to the advancement of US and would be legal immigrants
America is definitely losing out because of prolonged Green card processing. I know of many well educated PostGraduates, Physicians who were not able to pursue their careers in Research, fellowships because they have to be stuck in one fixed position without any progress to obtain the green card. they are being denied of the opportunity to find new cures, innovations that could potentially help the humanity. true US is getting the taxes from the main H1 applicant, but what about the well educated spouses and dependants. don't they have a role in contributing to the development of the country, they are made to pay higher tuition fees and they cannot work on dependent status. Only the lucky few who were able to fille for I-485 in 2007 got their EADs, but what about the long waiting for 485 filing and EAD since 2000 and before? Even today you if you are EB3 or EB2, you cannot apply for 485 and so your family cannot get EAD and so cannot work.
Many software professional and other highly educated workers can contribute much more to the Economy like how they did in 1990s by becoming enterpreneurs, but they will not be able to do anything while on "temporary visas" as they are much more concerned about maintaining their status, extending their status every few years. many people are even hesitant to buy a house, agree a few of us have bought houses and other properties, but vast majority of us are still very hesitant to do it as we can never feel fully secure of our job. If you have the Greencard you will atleast be confident that you can find a job in the area where you buy the house.
If you look at the procedures for Drivers licenses, even though the legal workers go through rigorous security checks while obtaining visas and changing/extending status with USCIS and almost all of them are verywell educated and very responsible, you have to go through a big hassle to obtain the Drivers licences and some people are being made to wait for months even after providing all the required documentation. In some states, dependents are not given Drivers Licenses and in other states, you legal workers/students get a "special drivers license" with which there is much scope for being discriminated just on the basis of this license, and if you move to a different state, this special license is not recognized and you have to apply for a fresh license, take written test, driving test and go through all the hassles again even though you have been driving in US legally for more than 10 years.
these hard working young professionals are losing the most important phase of their lives waiting for the elusive greencard and by the time the get it they are much older and don't have the same zeal for new ideas like how they did before and end up taking care of other responsibilities including family. I can go on and on like this. after we have been through all these testing circumstances, please do not say that America has not lost anything, but the biggest losers of all are the legal immigrants.
this is a process where there are no winners, but only losers. this lengthy backlogged process is resulting in a great loss to the advancement of US and would be legal immigrants
wallpaper Fallen Angel. views: 898
amits
07-19 10:27 AM
Thanks for your contribution!
I am sure others will be coming to support IV soon...
We're 21000 in numbers.
Definitely more should be coming with contributions!
Come on friends...
Just contributed $100
I think IV has done a lot in just 19 months and with the core team, who understands every issue (BEC, retrogression, namecheck, etc) and working diligently to bring a practical solution, should bring a sense of comfort to all of us that our prayers are answered in the form of IV.
Google Order #831603791059224
I am sure others will be coming to support IV soon...
We're 21000 in numbers.
Definitely more should be coming with contributions!
Come on friends...
Just contributed $100
I think IV has done a lot in just 19 months and with the core team, who understands every issue (BEC, retrogression, namecheck, etc) and working diligently to bring a practical solution, should bring a sense of comfort to all of us that our prayers are answered in the form of IV.
Google Order #831603791059224
bkam
04-25 08:35 PM
Learning01 has stollen the idea ! :-)
I have already expressed my intention to sue the US government for the money I have put for so many years in the SS and Medicare funds when I leave the country. There will be always a greedy American lawyer (only one ?! :-) ready to get this done for one third of the prey. And I will still get back two thirds of my money. Much better than nothing.
And imagine that a bunch of "mirage chasers" like me unite and make it a class-suit, and everybody around the world who has been legally here and paid his taxes hears that and asks for his/her money back... The tick-skin-fat-ass politicians and government officials will suddenly become very nice, considered and cooperative (now they are just nice), the PBEC would miraculously clear the backlog within 6 months, the retrogression will disappear etc, etc.
Well, most probably all this will never happen but you never know, the snowball may start rolling... They are too many frustrated people in this mess...
I have already expressed my intention to sue the US government for the money I have put for so many years in the SS and Medicare funds when I leave the country. There will be always a greedy American lawyer (only one ?! :-) ready to get this done for one third of the prey. And I will still get back two thirds of my money. Much better than nothing.
And imagine that a bunch of "mirage chasers" like me unite and make it a class-suit, and everybody around the world who has been legally here and paid his taxes hears that and asks for his/her money back... The tick-skin-fat-ass politicians and government officials will suddenly become very nice, considered and cooperative (now they are just nice), the PBEC would miraculously clear the backlog within 6 months, the retrogression will disappear etc, etc.
Well, most probably all this will never happen but you never know, the snowball may start rolling... They are too many frustrated people in this mess...
2011 times. choices
singhsa3
09-12 01:50 PM
These are all good thoughts but what u are suggesting takes some time.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.
more...
northstar
09-11 10:44 PM
Contributed $200 just now through Google
gctoget
07-13 11:51 AM
Count me in....92688
We can meet in a park at Orange county,LA or San Diego.
The picnic areas in parks are free.
We can meet in a park at Orange county,LA or San Diego.
The picnic areas in parks are free.
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VSS2007
04-03 11:18 AM
Every one is living with full of hopes.. Please no fight.
2010 Fallen angel
singhsa3
07-20 12:38 PM
Please look at the discussion topic and then post you comments. :mad: :mad:
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)
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__THISRES__93209.jpg "vampire knight wallpapers.")
diptam
07-06 10:50 AM
See - lets not fight within ourselves. We both have the same cause but expressing differently.
Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)
Chat with you later - got a meeting.
Let me tell you one thing for clearly. I know that this is a hot button issue in both agencies right now. If you read Zoe Lofgren's letter, both secretaries have to answer her questions and it will be a press release as well. We need to make it a public story, but NOT by digging our own hole. Boat 1 is better for me, If I know for sure that Boat 2 will drown me in the ocean. In the heat of the moment, you might not see the consequences of the security lapse rumors.
The established truth so far is
USCIS used all the numbers ahead of time and shut the door on highly skilled immigrants on day one
DOS revised its July 2007 visa bulletin on day one 1, which has not happened in a long time or never.
The wind mill stories are
Some law firms started hallucinating that the security checks were never done. They themselves do not know for sure. If you go and look towards the end of the blog post where it originated, he asks for confirmation instead of telling his resources.
Do you know that there were people who got their GC in 45-60 days last year? I know some personally. The security check and how they say its done or not done has always been esoteric to us. Last year, some one put up the blog of a Taiwanese guy who got labor,140,485 approved in a span of 5-6 months. How can this happen? AFAIK, all the people who got their GC's have PD's like 2003 and 2004. Please do not sling mud, when we do not know for sure, esp when the issues are of paramount importance like security. I will leave things for your discretion.
Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)
Chat with you later - got a meeting.
Let me tell you one thing for clearly. I know that this is a hot button issue in both agencies right now. If you read Zoe Lofgren's letter, both secretaries have to answer her questions and it will be a press release as well. We need to make it a public story, but NOT by digging our own hole. Boat 1 is better for me, If I know for sure that Boat 2 will drown me in the ocean. In the heat of the moment, you might not see the consequences of the security lapse rumors.
The established truth so far is
USCIS used all the numbers ahead of time and shut the door on highly skilled immigrants on day one
DOS revised its July 2007 visa bulletin on day one 1, which has not happened in a long time or never.
The wind mill stories are
Some law firms started hallucinating that the security checks were never done. They themselves do not know for sure. If you go and look towards the end of the blog post where it originated, he asks for confirmation instead of telling his resources.
Do you know that there were people who got their GC in 45-60 days last year? I know some personally. The security check and how they say its done or not done has always been esoteric to us. Last year, some one put up the blog of a Taiwanese guy who got labor,140,485 approved in a span of 5-6 months. How can this happen? AFAIK, all the people who got their GC's have PD's like 2003 and 2004. Please do not sling mud, when we do not know for sure, esp when the issues are of paramount importance like security. I will leave things for your discretion.
hair /01/fallen-angel-wallpaper
snathan
02-09 10:28 PM
Lets make the EB2 date to 28 Dec 05..tthat will cover my PD :D:D:D
For that you have to donate.
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
For that you have to donate.
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
more...
neverbefore
09-13 05:57 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Cannot fault your argument mate. Much as I am for unity, I see your point. There have been several mentions of 2006 and later PDs being processed before some of their predecessors. This situation is not too different from that. I also agree with what you said about the illegals jumping queue.
I just don't see why USCIS cannot have a queue number system wherein the latest token number lets you know where they are at in processing of applications. This weird system of cut-off dates, in my humble opinion, only serves to complicate and confound.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Cannot fault your argument mate. Much as I am for unity, I see your point. There have been several mentions of 2006 and later PDs being processed before some of their predecessors. This situation is not too different from that. I also agree with what you said about the illegals jumping queue.
I just don't see why USCIS cannot have a queue number system wherein the latest token number lets you know where they are at in processing of applications. This weird system of cut-off dates, in my humble opinion, only serves to complicate and confound.
hot fallen angel wallpaper.
desi485
11-18 10:31 AM
Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.
I will do this by this weekend. Thank you Chandu for your wonderful suggestion, this way we will be able to share knowledge base from various sources.
Meanwhile, let me mention this. Ron Gotcher clearly mentioned that, one can continue to work on EAD if CIS makes an error and denies 485.
If the denial is illegal - and make no mistake, these types of denials are clearly illegal - then any subsequent employment without authorization falls into the "due to circumstances beyond the applicant's control" and cannot be used against the applicant later. (http://immigration-information.com/forums/showthread.php?t=6461)
This makes sense, as a candidate should not be punished without any mistake of his own.
I will do this by this weekend. Thank you Chandu for your wonderful suggestion, this way we will be able to share knowledge base from various sources.
Meanwhile, let me mention this. Ron Gotcher clearly mentioned that, one can continue to work on EAD if CIS makes an error and denies 485.
If the denial is illegal - and make no mistake, these types of denials are clearly illegal - then any subsequent employment without authorization falls into the "due to circumstances beyond the applicant's control" and cannot be used against the applicant later. (http://immigration-information.com/forums/showthread.php?t=6461)
This makes sense, as a candidate should not be punished without any mistake of his own.
more...
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Milind123
09-15 09:54 PM
Today whole day i was busy bcoz of ganesh chathurthi......hope fund threads are doing good and thank you dvrao4 for the contributions. please attend rally we need people like you. thanks.
Welcome back Libra. Without you the thread slipped off the screen a few times; but chanduv23 was kind enough to bump it.
Welcome back Libra. Without you the thread slipped off the screen a few times; but chanduv23 was kind enough to bump it.
tattoo Fallen Angel Shakugan No Shana
satyasaich
03-15 08:41 AM
Let's try after few more minutes
Did anyone else get through? I was trying www.capitolhearings.org Dirksen226!
Did anyone else get through? I was trying www.capitolhearings.org Dirksen226!
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pictures Goth Angels Fallen Angel
akhilmahajan
09-13 08:21 PM
Here you go Buddy
Order Details - Sep 13, 2007 8:43 PM EDT
Google Order #745174720427596
As i always say.
GO IV GO
Order Details - Sep 13, 2007 8:43 PM EDT
Google Order #745174720427596
As i always say.
GO IV GO
dresses Fallen Angel Wallpaper
doknek
06-10 05:05 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
First one did happen today. So, how much are you going to contribute then?:D
visa recapture - no chance
visa increase - will not happen
still contribute??
First one did happen today. So, how much are you going to contribute then?:D
more...
makeup vampire knight wallpapers.
meridiani.planum
04-01 05:32 PM
OK now Mr. non-retard...cud u do all of us a favour by showing some article which says, US democracy is the same for citizens and foreigners. Send us a link from some Govt web site that says this. If u cant substantiate ur statements admit that u r a retard.
he did not say 'democracy is same for citizens and foreigners' whatever that means. He said that foreigners have same basic rights as citizens:
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
"The Bill of Rights limits the powers of the Federal government of the United States, protecting the rights of all citizens, residents and visitors on United States territory."
"The Bill of Rights protects the freedoms of speech, press, and religion; the right to keep and bear arms; the freedom of assembly; the freedom to petition;"
http://en.wikipedia.org/wiki/Freedom_to_petition
The right to petition is the freedom of individuals (and sometimes groups and corporations) to petition their government for a correction or repair of some form of injustice without fear of punishment for the same.
So yes, you do have the right to peititon for correction or repair of some form of injustice (Eg: wastage of visa numbers) without fear of punishment. It cant get any more clearer than this.
If you want change, begin by growing a spine and saying 'status-quo is not acceptable'
he did not say 'democracy is same for citizens and foreigners' whatever that means. He said that foreigners have same basic rights as citizens:
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
"The Bill of Rights limits the powers of the Federal government of the United States, protecting the rights of all citizens, residents and visitors on United States territory."
"The Bill of Rights protects the freedoms of speech, press, and religion; the right to keep and bear arms; the freedom of assembly; the freedom to petition;"
http://en.wikipedia.org/wiki/Freedom_to_petition
The right to petition is the freedom of individuals (and sometimes groups and corporations) to petition their government for a correction or repair of some form of injustice without fear of punishment for the same.
So yes, you do have the right to peititon for correction or repair of some form of injustice (Eg: wastage of visa numbers) without fear of punishment. It cant get any more clearer than this.
If you want change, begin by growing a spine and saying 'status-quo is not acceptable'
girlfriend anime boy angel wallpaper
JAYASURESH
05-02 01:12 PM
it is shame on IRS!! listen, everyone is paying tax. if we are able to file tax as couple with itin for the spouse, why are they not using the same approach for the stimulus package. Do they not aware of this section of h1b visa holders who are paying taxes and are not benefited. folks, some of you are in h1b and got your ead and ssn for your sponse are better off, there are folks who are still on h1b and spouse on h4 filed with itin is not eligible because i am not within in the <70k limit. this is ridiculus and shame for everyone who came up with the great idea of stimulating the economy and share our tax money to others and not with this disadvantage section of the people. it is absolutely shame for IRS or whoever came up with the super idea of not considering the folks who filed with ITIN. IRS listen, if anyone who is citizen, illegal or legal, if they pay tax, they are entitled to get this stimulus package.. it is really a shame on you whoever not recognized this affected section of people.
hairstyles Fallen Angel Wallpaper
qasleuth
05-14 01:38 PM
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
swissgear
08-23 08:47 AM
see below.. I think you should be OK.
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO
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
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