ras
10-16 05:47 PM
Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
Issue/Background:
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Issue/Background:
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
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pappu
08-08 12:15 PM
I sent you one in a PM a few minutes ago.
Pankaj
Thanks I got it and sent you a PM. Could you post it yourself on this thread so that others can also view it.
Pankaj
Thanks I got it and sent you a PM. Could you post it yourself on this thread so that others can also view it.
hpandey
07-11 11:15 AM
CIR is the Worst thing on the planet for the legals.
Girish - CIR was meant to help the illegals not us folk. I hope we never have to see CIR again . It would just mean millions more ahead in line whereas we who have been waiting for years will be sent to the dustbin.:mad:
Girish - CIR was meant to help the illegals not us folk. I hope we never have to see CIR again . It would just mean millions more ahead in line whereas we who have been waiting for years will be sent to the dustbin.:mad:
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nixstor
04-30 02:52 PM
Aytes saying
USCIS is working with DOS in concert to improve the utilization of visa numbers. explaining the priority date. Saying that DOS moving the VB like last July will cause many applicants to file irrespective of how many visa numbers are available.
Is Aytes saying that DOS moved the PD's in haste?
USCIS is working with DOS in concert to improve the utilization of visa numbers. explaining the priority date. Saying that DOS moving the VB like last July will cause many applicants to file irrespective of how many visa numbers are available.
Is Aytes saying that DOS moved the PD's in haste?
more...
gcwait
09-11 05:06 PM
Contributed small amount of $100.
digital2k
05-13 02:34 PM
Don't wait any longer
Everyone must call
Thank You for helping Yourslef
Everyone must call
Thank You for helping Yourslef
more...
franklin
07-18 03:29 PM
I just upgraded my monthly contribution too!
2010 Flower Sleeve
subh21
01-14 04:46 PM
Does anyone know to what address USCIS mails the AP. Is it the lawyer's office or is it the home address?
I am planning to move and information on this will be very helpful. Thanks!
I have a similar question -- the USCIS site says document mailed on Dec 26th, but I am yet to receive it. I have not heard from the Lawyers either. USCIS mailed the receipt to the lawyers but EAD to our home, what's the deal with AP - home or lawyers?
I am planning to move and information on this will be very helpful. Thanks!
I have a similar question -- the USCIS site says document mailed on Dec 26th, but I am yet to receive it. I have not heard from the Lawyers either. USCIS mailed the receipt to the lawyers but EAD to our home, what's the deal with AP - home or lawyers?
more...
govindk
07-14 02:32 PM
Genius...Great work!
Sent....payment Transaction Number is 411666815
------------------------------------------
Contributed so far $200 + $5(today)
Sent....payment Transaction Number is 411666815
------------------------------------------
Contributed so far $200 + $5(today)
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485Mbe4001
11-09 05:03 PM
count me in, i am in Irvine, south of LA. If i can be of any help please let me know. I have already done the emailing part, most of the people i know are already members IV.
more...
Suva
09-01 09:20 AM
Landed in April, 2000. Filed labor in Dec, 2004. 6 years and still counting.
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kshitijnt
04-30 03:48 PM
One guy asked Aytes are you going to take time for making suggestions, as long as it takes to process a visa? LOL Kick
more...
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Milind123
09-14 07:09 PM
Thanks you so much for your contribution. ivvm, deardar, claudia255, gconmymind, Bhanu, mdmd10 and our special guest dtekkedil participated in this round and we were able to exceed our target expectation. This closes our seventh round.
I still have to fire three more shots. I will post details of the next two rounds shortly.
Note: For the just concluded seventh round, I already fired a shot earlier.
I still have to fire three more shots. I will post details of the next two rounds shortly.
Note: For the just concluded seventh round, I already fired a shot earlier.
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Milind123
09-17 10:48 AM
I just registered for IV. I wish I could come to DC rally on 18th. But due to certain unavoidable circumstances I may not be able too. Though not an excuse But I feel very guilty about it and this guilt will always remain there that I was not part of rally on 18th. I am contributing a small amount of $ 100 by google order # 309818904607579
That you so much h1gc. It was never my intention to make anyone feel guilty, just wanted to make people passionate about our cause, because it is there cause too.
That you so much h1gc. It was never my intention to make anyone feel guilty, just wanted to make people passionate about our cause, because it is there cause too.
more...
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gaz
09-12 12:01 PM
how about sending balloons with a message on it?
the balloon would represent our dreams and each passing day of inaction on the part of uscis lets the air out of them
inflated balloons would be visible also when the delivery arrives
the balloon would represent our dreams and each passing day of inaction on the part of uscis lets the air out of them
inflated balloons would be visible also when the delivery arrives
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champak3
06-27 07:53 PM
This is a real selfish forum, I will never participate in any phone campaigns here on. To me I see no reason why should I be calling for others if noone can call for our issue too.
I again urge people on this forum to please call / email the DOL asking why such a difference between two processing center.... I mean all those who have approved labor. We still have people at backlog center... I am ready to campaign for them or any other person .... But want check out if this is a real community or just selfish hoax forum ....
I again urge people on this forum to please call / email the DOL asking why such a difference between two processing center.... I mean all those who have approved labor. We still have people at backlog center... I am ready to campaign for them or any other person .... But want check out if this is a real community or just selfish hoax forum ....
more...
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zoooom
08-19 03:14 AM
Bump
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mpadapa
09-09 03:12 PM
contributed 1% towards the target ($300 Google Order #755634519056506). Feels good:D
Let us rock and roll in DC on Sep 18..
GO IV GO
Let us rock and roll in DC on Sep 18..
GO IV GO
hairstyles Flower Tattoos,
swissgear
08-23 03:03 PM
It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!
My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
And to make things more clear, I didn't quit the job just because I wasn't getting a chance to file in EB1, its because you are expected to work 24/7, Yes I mean 24/7 having to take calls midnight, logging and working from home in odd hours, any day time with offshore, onshore, clients and paid like 65k. Life sucked and I couldn't take it any more and had to leave..
I'll stop and leave it here....
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!
My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
And to make things more clear, I didn't quit the job just because I wasn't getting a chance to file in EB1, its because you are expected to work 24/7, Yes I mean 24/7 having to take calls midnight, logging and working from home in odd hours, any day time with offshore, onshore, clients and paid like 65k. Life sucked and I couldn't take it any more and had to leave..
I'll stop and leave it here....
Milind123
09-13 10:58 PM
For all those people who are gun shy, let me assure you, it does not harm anybody. On the contrary it is helpful to all of us. Please consider pulling the trigger. The fund drive that is happening today is not the last drive; as long as we are active, their will always be fund drives. Maybe you are thinking of contributing after seeing the effects/results of Sept 18th. In that case, I urge you to contribute now to get the maximum bang for your buck. Think about the Macy�s firework in New York. It will be rather boring to see them light one fire work each night during the month of July, just because funds did not arrive in time or were slow to arrive. Sept 18th is our 4th of July. Please make your contributions esp. if this is your first time. Contribute so IV can pay for all the items in their list and make this firework really bright.
485Mbe4001
06-10 12:32 PM
From Ron Gotchers site:-
Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:
"
Quote:
203(b)(3) Skilled workers, professionals, and other workers.--
203(b)(3)(A) In general.--Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
. . .
203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "
That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.
How can "other workers" have a cutoff date when the rest of EB3 is unavailable?
Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:
"
Quote:
203(b)(3) Skilled workers, professionals, and other workers.--
203(b)(3)(A) In general.--Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
. . .
203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "
That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.
How can "other workers" have a cutoff date when the rest of EB3 is unavailable?
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