pappu
08-08 02:49 PM
Pappu - it is good to know that we are using the current mass media in this techie country (actually world...should say). Anything "Open" would yield good results.
My suggestion is not only contribution but also careful screening of opinions would be needed.
I will definitely love to contribute.
thanks MahaBharatGC ,
pls feel free to contribute and comment on other's op-eds if there are any suggestions to make them better.
My suggestion is not only contribution but also careful screening of opinions would be needed.
I will definitely love to contribute.
thanks MahaBharatGC ,
pls feel free to contribute and comment on other's op-eds if there are any suggestions to make them better.
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hebbar77
06-11 01:25 PM
I agree GC makes a difference. If anyone as EAD thats as good as GC subject to your primany job not changing. So why not do side -business on EAD while your primary job is ON. Take it easy at job, dont overwork because without GC rarely people get promoted, if they are not extra-ordinary!
Going to XYZ place because of no GC does not make sense. If you have potential you can use it here on EAD not necessarily in another country!
Going to XYZ place because of no GC does not make sense. If you have potential you can use it here on EAD not necessarily in another country!
Keeme
03-04 02:27 PM
Soft LUD on my case. My I-140 is approved. My PD is May 15th 2002 India EB3
Thanks.
Any one else with recent RFEs/LUDs on their I-485 ? Pl post.
Thanks.
Any one else with recent RFEs/LUDs on their I-485 ? Pl post.
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Saralayar
01-08 02:06 PM
Guys
I just checked my status - It is now "Document mailed to applicant"
this can mean many things. I will update all once I see the document
Please keep updating your status in this thread as you see something happen
We've just gotta keep cool. Thanda thanda pani.
That means you will recieve the AP documents in 3 to 4 days.:)
I just checked my status - It is now "Document mailed to applicant"
this can mean many things. I will update all once I see the document
Please keep updating your status in this thread as you see something happen
We've just gotta keep cool. Thanda thanda pani.
That means you will recieve the AP documents in 3 to 4 days.:)
more...
Libra
09-13 08:39 PM
Milind you rock......thanks for efforts.
wellwishergc
07-06 10:47 AM
Cool down, nixstor! you made your point! Take a deep breath, relax and post with a rational thought process. You are not helping by continuing to post negatively.
Personally, I think we can utilize this issue for the following:
1) Urging our congressmen/senators to pass some short-term benefits like recapture of visas (Obudsman report indicates that around 180,000 visas were not used in the past years). This is a golden opprountinity for us to urge congressmen/senators to pass a bill to release those unused numbers for getting immediate relief.
2) FBI name-check process needs to be made faster; so additional funding could help. (Obama Bill)
If we leverage this issue on the above and focus all the efforts on the above two points, we will be better off. I hope the core group is already working towards the above two objectives.
Yeah, tell me the same thing when all of us will wait for 6 or 7 years if they dont fix the system and continue to do security check on us. We know that we are NOT bad people. Its difficult to prove that in existing conditions. People are paranoid about every thing right now.
Personally, I think we can utilize this issue for the following:
1) Urging our congressmen/senators to pass some short-term benefits like recapture of visas (Obudsman report indicates that around 180,000 visas were not used in the past years). This is a golden opprountinity for us to urge congressmen/senators to pass a bill to release those unused numbers for getting immediate relief.
2) FBI name-check process needs to be made faster; so additional funding could help. (Obama Bill)
If we leverage this issue on the above and focus all the efforts on the above two points, we will be better off. I hope the core group is already working towards the above two objectives.
Yeah, tell me the same thing when all of us will wait for 6 or 7 years if they dont fix the system and continue to do security check on us. We know that we are NOT bad people. Its difficult to prove that in existing conditions. People are paranoid about every thing right now.
more...
imh1b
05-19 09:38 AM
Is this campaign over? or can we still call. I can make some calls today.
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snathan
02-13 10:43 PM
So Mr Nathan, email me when you have contributed more than $500
I dont deal with junks...when you are so mean to spend a penny for your parents, every one knows how much you would have contributed for IV.
I dont deal with junks...when you are so mean to spend a penny for your parents, every one knows how much you would have contributed for IV.
more...
eb3_2004
03-11 10:07 AM
Hi Channj,
I am facing issues with re-financing with EAD thru Suntrust...Is there a way I can quote u to make the underwriter understand my EAD status....
I am facing issues with re-financing with EAD thru Suntrust...Is there a way I can quote u to make the underwriter understand my EAD status....
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snathan
02-13 10:14 PM
Why are you not posting other messages from me, kiddo. MS + 1 yr. LOL. What an experienced and talented guy :)
I dont need your certificate junk...IV could not achive anything because of free loaders like you. what a piece of junk.
Every one in this forum knows your talent. Are you working in form
I dont need your certificate junk...IV could not achive anything because of free loaders like you. what a piece of junk.
Every one in this forum knows your talent. Are you working in form
more...
Lacris
08-18 11:15 AM
Lacris, I went to SSA office to get SSN rejection letter for my wife as she is on h4 (DMV needs rejection letter to renew the license) and SSA Agent checked the passport of my wife for the expiry date, May be they are checking the expiry date now a days, I think you need to renew the passport and go to SSA office for SSN, But I may be wrong
Reddy77, I understand that in your wife's case the person at SSA needed to see something to show your wife's immigration status (I took a letter like that for myself 3 years ago). But in my case, my passport doesn't say anything to her other than the fact that I have an H4 visa stamped in. The moment I got the GC, that visa is not valid anymore, so it shouldn't make any difference. But thank you for taking the time to answer.
Thanks mariusp, but she asked for the passport, didn't want to look at DL.In her defense, I checked the website and the original text of their Regulations and it doesn't have Permanent Resident card listed as an immigration document, but EAD is there.:D . I'll try again next week.
Reddy77, I understand that in your wife's case the person at SSA needed to see something to show your wife's immigration status (I took a letter like that for myself 3 years ago). But in my case, my passport doesn't say anything to her other than the fact that I have an H4 visa stamped in. The moment I got the GC, that visa is not valid anymore, so it shouldn't make any difference. But thank you for taking the time to answer.
Thanks mariusp, but she asked for the passport, didn't want to look at DL.In her defense, I checked the website and the original text of their Regulations and it doesn't have Permanent Resident card listed as an immigration document, but EAD is there.:D . I'll try again next week.
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billu
02-27 07:30 PM
is there any hope for bridge legislation in '08?....or this year will pass by due to the elections?......is there any realistic chance of bridge amenment ever being passed?....i am starting to lose hope now......
more...
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anandsubu74
02-12 02:55 PM
EB3/Nov 2003/NJ
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
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vban2007
07-15 03:06 PM
Keep It Up Guys
more...
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matreen
10-17 01:58 AM
Guys,
I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,
Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).
Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)
Is that going to cause any problem to my 485 process?
Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?
I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..
Thanks,
M
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
I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,
Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).
Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)
Is that going to cause any problem to my 485 process?
Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?
I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..
Thanks,
M
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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pidurika
07-19 06:07 PM
Contributed one time $100. Will not hesitate to do so in the future. Nice job IV!!!
Most media articles on the 485 issue had one common note "This normally not so vocal group of legal working immigrants have stood up and spoke". IV made sure that will not be so anymore and we have a strong resonating voice that will make a difference
Anil
Most media articles on the 485 issue had one common note "This normally not so vocal group of legal working immigrants have stood up and spoke". IV made sure that will not be so anymore and we have a strong resonating voice that will make a difference
Anil
more...
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Macaca
01-06 07:38 PM
how come are you working in a university that's giving admissions to such a bunch of crappy folks...!!?? Given this fact, can we also safely assume that the university you are teaching-in is a Crappy one, which could only attract the bottom pile from your above list of crappy-universities??
Univs take business decisions. Enrollment generates revenue through tuition. Some states also pay State Schools for each registered credit.
Univs have to admit whatever is available. Some crappy students (foriegn + American) have to be admitted. Some state schools have very low requirements for in-state students. There is no choice.
Further, these students have to graduate. Once again, there is no choice.
For most departments, faculty quality is independent of student quality.
Univs take business decisions. Enrollment generates revenue through tuition. Some states also pay State Schools for each registered credit.
Univs have to admit whatever is available. Some crappy students (foriegn + American) have to be admitted. Some state schools have very low requirements for in-state students. There is no choice.
Further, these students have to graduate. Once again, there is no choice.
For most departments, faculty quality is independent of student quality.
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thomachan72
12-15 01:02 PM
Excellent idea Michael Chertoff but let us wait till the nest summer:D:D
Next summer.
Next summer.
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mbartosik
03-26 04:34 PM
PD Dec 2002
45 day letter around July 2006
replied to 45 day letter within a couple of days
RIR EB3
Region NY
Currently on 7th year of H1B
45 day letter around July 2006
replied to 45 day letter within a couple of days
RIR EB3
Region NY
Currently on 7th year of H1B
samrat_bhargava_vihari
04-27 02:52 PM
Hello Onemay,
I live in Minneapolis. I too am on H4.Same thing happened to both my husband and myself here last October.We had moved recently from Indiana and the DMV said they won't issue new licenses for both myself and my husband (it doesn't matter if u r on H1 or H4)until we give the extended I94. We had our Indiana licences also canceled .We didn't know what to do and then we enquired some of our friends and came to know that if we show our original USCIS Receipts for Extension filed they give ur license for 6 months from the USCIS Receipt Date. So we did that and got our extension until April. U have to show the Original Receipt ,No Xerox .And now we got our extension papers and reapplied for a new license and got it. May be u too can enquire about this,because I think all DMVs tend to follow similar rules.
This is true. I went through this process several times in Minneapolis.
I live in Minneapolis. I too am on H4.Same thing happened to both my husband and myself here last October.We had moved recently from Indiana and the DMV said they won't issue new licenses for both myself and my husband (it doesn't matter if u r on H1 or H4)until we give the extended I94. We had our Indiana licences also canceled .We didn't know what to do and then we enquired some of our friends and came to know that if we show our original USCIS Receipts for Extension filed they give ur license for 6 months from the USCIS Receipt Date. So we did that and got our extension until April. U have to show the Original Receipt ,No Xerox .And now we got our extension papers and reapplied for a new license and got it. May be u too can enquire about this,because I think all DMVs tend to follow similar rules.
This is true. I went through this process several times in Minneapolis.
vban2007
07-15 03:06 PM
Keep It Up Guys
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