bigboy007
06-03 03:02 PM
I understand but i already sent our media drive to 50 different media , i aleady sent multiple faxes , i already sent many many emails but please advise me what more should i do to convince IV core that issues i have mentioned also effect many who are already IV members , i am requesting you to see Text of Webfax is added acoordingly ?
I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected
I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected
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GCwaitforever
04-30 03:08 PM
Transformation program is randomly processing applications to thier liking and ignoring priority date, FIFO etc ... From this chaos, order generates itself. Kind of testing Chaos theory. :D
485Question
09-10 11:47 AM
Great going.
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JunRN
09-28 07:09 PM
Receipting people are not the ones adjudicating the cases. They are different people. So there is no used stopping the receipting.
If this news is true, then we can see "wild" approvals before the end of September. Some people with complete cases may overtake others.
If this news is true, then we can see "wild" approvals before the end of September. Some people with complete cases may overtake others.
more...
ash0210
06-02 06:40 PM
I agree with you "Astronomical tution fee" for childern, pay Mortgage, renewel of EAD/AP's..so on & on...
In a situation like us..I contribute IV with my limitations (every month!) + involving myself in web faxes plus..Calling Senators / Congressmans etc..
For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical.
In a situation like us..I contribute IV with my limitations (every month!) + involving myself in web faxes plus..Calling Senators / Congressmans etc..
For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical.
pappu
02-09 08:40 PM
Thanks Pappu. I have scheduled next conf call for Friday, 2/9 at 7.00 PM PST. Call 641-297-5900 PassCode 562404. Would you care to join?
I am joining.
I am joining.
more...
eb3_nepa
07-05 01:00 PM
3 Threads on the same issue
2010 status of my J+J tattoo.
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.
more...
snathan
03-12 12:33 PM
No, it does not even do that. it does not let FOIA donors logon too.
First, the whole concept of donor based organisation is so stupid.
I mean really stupid.
If the donor based thing is ON, the future of IV is not good.
Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.
but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.
Instead of making donor based posts, have a FOIA kinda drive every now and then.
unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
talk about low life bureaucracy, welcome to IV.
Yes...this how we need to work. Why you dont support the donor idea. We dont need the free riders. We need only comitted people and not junks
First, the whole concept of donor based organisation is so stupid.
I mean really stupid.
If the donor based thing is ON, the future of IV is not good.
Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.
but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.
Instead of making donor based posts, have a FOIA kinda drive every now and then.
unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
talk about low life bureaucracy, welcome to IV.
Yes...this how we need to work. Why you dont support the donor idea. We dont need the free riders. We need only comitted people and not junks
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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
more...
geevikram
06-10 08:50 AM
IF you've not called already, the visa bulletin is probably a very good reason for you to call :
http://immigrationvoice.org/forum/showthread.php?t=19387
-V
http://immigrationvoice.org/forum/showthread.php?t=19387
-V
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gene77
08-18 12:53 PM
Please continue to post your comments on the letter - the sooner we can all agree upon the content, the sooner we can start sending these out.
Also, is there a possibility of having a common meeting (all retrogressed EB3 candidates) with Congresswoman Zoe Lofgren expressing our situation - just a thought.
Also, is there a possibility of having a common meeting (all retrogressed EB3 candidates) with Congresswoman Zoe Lofgren expressing our situation - just a thought.
more...
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SS12
07-18 04:57 PM
Contributed $100 today and more to come.
If I can't volunteer my time, the least that I can do is contribute $.
If I can't volunteer my time, the least that I can do is contribute $.
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husamymd
01-03 04:30 PM
I am a July 27th filer, got email that AP approved Dec 20th. Not recieved it physically yet.
more...
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chanduv23
05-14 03:57 PM
Does anyone know the process involved in 140 revocation? What is the INS processing fee? How much does an Attorney charge and what exactly do these employers write to USCIS?
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pmamp
07-12 10:36 AM
Where did you get your DL renewed? Which state? :confused:
Hoosier land - Indiana.
Hoosier land - Indiana.
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silibili
05-11 11:01 AM
Hello all,
I have finished calling all the republicans from the list. here are my
experiences. Most senator aides were patient and took down messages, i
have listed the different ones.
Senator Judd Gregg (R-New Hampshire) : does support high skilled
provisions...*yay*
Senator Michael Enzi (R-Wyoming) : aide was very patient and chatted
abt legal immigration reform and took name, number, zip , msg to pass
to senator.
Senator Lindsey Graham (R-South Carolina) : went to vm twice. left vm
Senator John Cornyn (R-Texas) : aide not very patient. asked to call
my state senator.
Senator John Kyl (R-Texas) : aide was very patient, and understanding,
and had a chat about current immigration scenario. Senator Kyl is
supportive of legal immigration, he intro/supported one bill for us in
2007 but it failed to pass. He said that the senate politics is not
letting high skilled immigration reform pass. he does not support
amnesty, he wants border secured, etc before fixing broken legal
system
Please call and share your experience.
Thanks.
__________________
* Contributed money to IV
* Trying to get locals involved
I have finished calling all the republicans from the list. here are my
experiences. Most senator aides were patient and took down messages, i
have listed the different ones.
Senator Judd Gregg (R-New Hampshire) : does support high skilled
provisions...*yay*
Senator Michael Enzi (R-Wyoming) : aide was very patient and chatted
abt legal immigration reform and took name, number, zip , msg to pass
to senator.
Senator Lindsey Graham (R-South Carolina) : went to vm twice. left vm
Senator John Cornyn (R-Texas) : aide not very patient. asked to call
my state senator.
Senator John Kyl (R-Texas) : aide was very patient, and understanding,
and had a chat about current immigration scenario. Senator Kyl is
supportive of legal immigration, he intro/supported one bill for us in
2007 but it failed to pass. He said that the senate politics is not
letting high skilled immigration reform pass. he does not support
amnesty, he wants border secured, etc before fixing broken legal
system
Please call and share your experience.
Thanks.
__________________
* Contributed money to IV
* Trying to get locals involved
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sheela
09-28 07:38 PM
[QUOTE=JunRN;175492]They are working overtime for it, hopefully 24 hours as well.
Let us hope like on july 2nd week-end (when they worked on sat-sun to make 60,000 visa numbers available and adjucated even when name checks were not cleared for many applicants) these guys are working the same way this weekend ......
Let us hope like on july 2nd week-end (when they worked on sat-sun to make 60,000 visa numbers available and adjucated even when name checks were not cleared for many applicants) these guys are working the same way this weekend ......
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kshitijnt
06-26 12:15 AM
.
BTW I’ve got a Home Theater at my apartment and my current status is H1B with pending I-140 + I-485 :)
So did you buy home theatre after filing 485 or before? Btw, I dont believe there is any relationship to income wrt visa status.
BTW I’ve got a Home Theater at my apartment and my current status is H1B with pending I-140 + I-485 :)
So did you buy home theatre after filing 485 or before? Btw, I dont believe there is any relationship to income wrt visa status.
vin13
03-04 04:45 PM
Both my wife and I got RFEs in October for medical test and now the status shows "Case Resumed".
How do you find out if your case is Pre-Adjudicated?
How do you find out if your case is Pre-Adjudicated?
sxm101
09-10 03:42 PM
Like many others I have been following IV since July 2nd. Post July 17th reversal, just like everybody else I was tracking 485 receipts. I did make a promise to myself to contribute to IV once I get the receipts. That's the least I can do. I would have loved to go to DC on the 18th but unfortunately wouldn't be able to make it due to family reasons.
So here goes my insignificant contribution to a significant cause..
Google Order #466997482777279
$100
So here goes my insignificant contribution to a significant cause..
Google Order #466997482777279
$100
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