avis
01-05 11:46 AM
My PD is Dec 2002. Still waiting for the 45 day letter.
Dallas Backlog Center
Dallas Backlog Center
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anilsal
07-16 12:37 PM
have posted info on this campaign to their chapters. I am sure this high-five campaign will be a great success. Keep the fire on.
crystal
09-11 07:30 PM
dont get confused . i am on ur side :DI am confused by your post.. who's side are you on? :D
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JunRN
08-11 01:09 PM
Visa Screen is needed to adjust your status. It is always better to have your visa screen ready. USCIS will send an RFE for that. However, while AOS is pending, EAD can be issued.
more...
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 If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be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
satishbsk
07-13 03:08 PM
near LAX.
___________
Contributed $280 so far
___________
Contributed $280 so far
more...
continuedProgress
12-28 10:40 AM
Canceled flight tix and continuing wait for AP filed on 8/2. (receipted on 8/24, if that matters)
shi120,
In case you have not seen it, I have sent you a PM.
Thanks
shi120,
In case you have not seen it, I have sent you a PM.
Thanks
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ssunka01
09-05 09:30 PM
ICICI bank is cashing your money in many ways.
1. APR is too comparing to many banks.
2. When it comes to reducing the APR, they watch the market.
3. When it comes to increasing the APR, they are the first before even RBI announcement.
4. There is penalty of 2% for your entire loan amount if you would like to repay. If your loan is 50laks, which is mostly based upon recent home loans and 2% of that goes to penality for early payment.
5. They charge for many account services
6. Bottom lineI never take another loan with ICICI
1. APR is too comparing to many banks.
2. When it comes to reducing the APR, they watch the market.
3. When it comes to increasing the APR, they are the first before even RBI announcement.
4. There is penalty of 2% for your entire loan amount if you would like to repay. If your loan is 50laks, which is mostly based upon recent home loans and 2% of that goes to penality for early payment.
5. They charge for many account services
6. Bottom lineI never take another loan with ICICI
more...
sam_hoosier
08-26 01:47 PM
I know this is not the Forum to discuss this matter.
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
I am not sure thats correct.
Per IRS regulation Section 163 (C), as well as Publication 936, interest paid on primary and secondary residences up to an aggregate one million dollars in loan amount is tax deductible. The IRS regulation does not specify that the home must be located in the United States, and thus it seems logical that interest paid on a home loan on property in India is in fact deductible
(please consult your tax advisor for applicability to your specific tax situation).
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
I am not sure thats correct.
Per IRS regulation Section 163 (C), as well as Publication 936, interest paid on primary and secondary residences up to an aggregate one million dollars in loan amount is tax deductible. The IRS regulation does not specify that the home must be located in the United States, and thus it seems logical that interest paid on a home loan on property in India is in fact deductible
(please consult your tax advisor for applicability to your specific tax situation).
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belmontboy
07-20 01:19 PM
http://www.immigration.com/newsletter1/dolsta1207.pdf
there were 144,000 PERM's done between oct 2006- march 2007
india, china have retro for both EB2 and EB3
mexico, philippines and bunch of other countries have retro for EB3
PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application
Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.
there were 144,000 PERM's done between oct 2006- march 2007
india, china have retro for both EB2 and EB3
mexico, philippines and bunch of other countries have retro for EB3
PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application
Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.
more...
himu73
09-09 12:16 PM
I'm looking for homeloan options in India. Which bank would be good to apply for home loans.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
1. This is the best bank in terms of interest rate.
2. They have daily reducing calculation of interest which itself will save you 30/40K rupees over ICICi/HDFC etc.
3. they do not charge penalty for early repayment.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
1. This is the best bank in terms of interest rate.
2. They have daily reducing calculation of interest which itself will save you 30/40K rupees over ICICi/HDFC etc.
3. they do not charge penalty for early repayment.
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eb3retro
03-04 04:00 PM
see my post here..
http://immigrationvoice.org/forum/showpost.php?p=321797&postcount=44
http://immigrationvoice.org/forum/showpost.php?p=321797&postcount=44
more...
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eb3_nepa
07-06 12:13 PM
They are covering their STINKIN A**
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ilikekilo
07-20 05:57 PM
I dont understand why the democrats are hell bent on not helping the legal community and ofcourse sessions voted against us
what a shame!!1
u know what f&&& the dems...i thought when they come they will do something for us....obama never votes on issues like this....no desis should support him...in anyway..useless leaders
what a shame!!1
u know what f&&& the dems...i thought when they come they will do something for us....obama never votes on issues like this....no desis should support him...in anyway..useless leaders
more...
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JunRN
05-15 11:20 PM
Thanks for your wishes.
I agree with you regarding the timeline and evidence. I have mentioned it to my attorney numerous times. My attorney was insistent that adjudicating officers can see all my info on their computer screens. It is only a matter of looking at the info correctly.
It looks like the first MTR went to the same IO who denied my I-485. I could say it from ID in both the denial letters.
Sometimes lawyers are used to their old ways of doing things. However, IOs are not the same people of the old. Most IOs are new hires and still in their learning curve.
I think the problem with your info. on USCIS screen is that the previously approved I-140 was changed to "denied" on same date it was approved. USCIS probably didn't have a log of the change.
The only evidence to prove that it was "approved" before is your copy of approval notice and it seems they don't believe the legitimacy of your copy. USCIS relied solely in their faulty database system.
Did you have a screen capture of the I-140 approval in CRIS? I screened captured mine just in case because it's another proof that one point in time, I-140 was approved.
I agree with you regarding the timeline and evidence. I have mentioned it to my attorney numerous times. My attorney was insistent that adjudicating officers can see all my info on their computer screens. It is only a matter of looking at the info correctly.
It looks like the first MTR went to the same IO who denied my I-485. I could say it from ID in both the denial letters.
Sometimes lawyers are used to their old ways of doing things. However, IOs are not the same people of the old. Most IOs are new hires and still in their learning curve.
I think the problem with your info. on USCIS screen is that the previously approved I-140 was changed to "denied" on same date it was approved. USCIS probably didn't have a log of the change.
The only evidence to prove that it was "approved" before is your copy of approval notice and it seems they don't believe the legitimacy of your copy. USCIS relied solely in their faulty database system.
Did you have a screen capture of the I-140 approval in CRIS? I screened captured mine just in case because it's another proof that one point in time, I-140 was approved.
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newbee7
07-06 06:55 AM
Can you please change the headling in Digg to:
Homeland security compromised in mad rush to process Green Cards
Homeland security compromised in mad rush to process Green Cards
more...
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h1b_professional
07-24 05:15 PM
People are jumping into conclusion with a few approvals from 2004/2005, but what you are not considering is the number of people with 2001/2002 priority dates who just applied for 485 in June. There might be a lot of them (I am one of those). If there are not too many of them, it is good for everyone, but its very tough to predict.
From what I heard from my lawfirm, they expect the oct bulletin to go back to 2001 or early 2002. But with everyone filing 485, USCIS should be able to predict the number of applicants and move dates better compared to earlier when they were shooting in the dark and wasting visas.
Anyway, good luck to all
From what I heard from my lawfirm, they expect the oct bulletin to go back to 2001 or early 2002. But with everyone filing 485, USCIS should be able to predict the number of applicants and move dates better compared to earlier when they were shooting in the dark and wasting visas.
Anyway, good luck to all
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Green.Tech
06-23 11:03 AM
well, i just made my first payment for $100 thru paypal
Receipt ID: 14F00794MF330594S
Thanks dingdong12!
Folks - Please continue contributing!
Receipt ID: 14F00794MF330594S
Thanks dingdong12!
Folks - Please continue contributing!
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akgind
09-14 11:06 AM
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs.
Please do not make false statements. You are trying to paint everyone with the same brush.
I had a Masters at the time EB3 was filed in 2002....from a top US school. The employer was okay with any category. The lawyer messed up...said that all categories were current and he knows best.
Please do not make false statements. You are trying to paint everyone with the same brush.
I had a Masters at the time EB3 was filed in 2002....from a top US school. The employer was okay with any category. The lawyer messed up...said that all categories were current and he knows best.
vin13
02-23 01:55 PM
Processing dates for 485 seems to have greatly improved at NSC. Hopefully now they start issueing based on the priority date.
Green.Tech
05-25 10:10 PM
Please contribute!
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