singhsa3
04-30 04:33 PM
Apume, I have send u a private messgae
Do I have legal broadcasting rights of uploading this for public viewing?
Rather, is it legal to do this?
if not i can send it to your gmail...
Do I have legal broadcasting rights of uploading this for public viewing?
Rather, is it legal to do this?
if not i can send it to your gmail...
wallpaper Dragonfly wing
Imm_Exploited
07-24 10:59 PM
priti8888
Congratulations!! Enjoy your freedom.
My PD is October 2003 (EB2 India) and I have always detested the fact that in some states the LC used to be approved very fast. If I remember correctly, the LC approvals used to have a state-wise bulletins prior to PERM and there was a time when in states like Maine, some got their GCs within a year of filing their LC. The majority unlucky ones got stuck in red tape racist states and LCs were moved to BECs.
priti888's LC was approved before December 2004 and she was able to file I-140 + I-485 concurrently in December 2004 becuase EB3 India was 'C' in December 2004 VB (http://travel.state.gov/visa/frvi/bulletin/bulletin_1343.html).
The title of the thread if funny (like the Monday Headlines in Jay Leno's Show) - card production ordered!!! July 23th :) instead of July 23rd
LuckyPaji - I don't even want to attempt to respond to his case. His explanantion that he has an undergraduate degree from Punjab is too clean and too good to be true.
Visa Allotment or Assigning of Visas by USCIS - I cannot digest the assumption that USCIS/DOS/DOL are fools and there is no coordination among them to know who from which country has applied for GC under which category. These Govt. agencies are so efficient that they can even go through these forums and connect IDs here to applications. It is a piece of cake for them to find out the entire background of an applicant as soon as even the LC is filed. They very well know who is stuck with which employer in which state and what stage and to whom they are approving the GCs. If the employers are Americans, they can even call the DOL and ask them to hold the LC approval because they know that once their employees get their GCs they will quit them.
I am not trying to be negative and pessimistic, but please think about the chances of immigrants sueing these Govt. agencies during any of the stages in GC process and winning the lawsuit. And ofcourse, the immigration lawyers are too happy with the retrogressions and the way the immigration system works in this country.
Congratulations!! Enjoy your freedom.
My PD is October 2003 (EB2 India) and I have always detested the fact that in some states the LC used to be approved very fast. If I remember correctly, the LC approvals used to have a state-wise bulletins prior to PERM and there was a time when in states like Maine, some got their GCs within a year of filing their LC. The majority unlucky ones got stuck in red tape racist states and LCs were moved to BECs.
priti888's LC was approved before December 2004 and she was able to file I-140 + I-485 concurrently in December 2004 becuase EB3 India was 'C' in December 2004 VB (http://travel.state.gov/visa/frvi/bulletin/bulletin_1343.html).
The title of the thread if funny (like the Monday Headlines in Jay Leno's Show) - card production ordered!!! July 23th :) instead of July 23rd
LuckyPaji - I don't even want to attempt to respond to his case. His explanantion that he has an undergraduate degree from Punjab is too clean and too good to be true.
Visa Allotment or Assigning of Visas by USCIS - I cannot digest the assumption that USCIS/DOS/DOL are fools and there is no coordination among them to know who from which country has applied for GC under which category. These Govt. agencies are so efficient that they can even go through these forums and connect IDs here to applications. It is a piece of cake for them to find out the entire background of an applicant as soon as even the LC is filed. They very well know who is stuck with which employer in which state and what stage and to whom they are approving the GCs. If the employers are Americans, they can even call the DOL and ask them to hold the LC approval because they know that once their employees get their GCs they will quit them.
I am not trying to be negative and pessimistic, but please think about the chances of immigrants sueing these Govt. agencies during any of the stages in GC process and winning the lawsuit. And ofcourse, the immigration lawyers are too happy with the retrogressions and the way the immigration system works in this country.
singhsa3
09-11 09:14 PM
How about sending this book with the following message...(See changes in the original msg.)
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
*****************************
TO
The Honorable Emilio T. Gonzalez (Director)
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
***************
My Message:
Hon. Mr. Gonzalez,
I would like to register my protest with you for not following an orderly method when approving I-485 applications. In the last two months, while the priority dates were current for several applicants from India in the EB2 category, most applications with later priority dates and later receipt dates were approved by USICS, causing deep concern and grief among those waiting patiently in the line before them.
This significantly reduces our confidence in the system. Thus, I am sending you this letter with a book as a symbol of protest and with the hope that USCIS will deal fairly with all the applicants as per the rules and regulations.
Thanks
My Name
****************
Note: On Amazon you must select gift option to add the message. No need to wrap it.
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
*****************************
TO
The Honorable Emilio T. Gonzalez (Director)
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
***************
My Message:
Hon. Mr. Gonzalez,
I would like to register my protest with you for not following an orderly method when approving I-485 applications. In the last two months, while the priority dates were current for several applicants from India in the EB2 category, most applications with later priority dates and later receipt dates were approved by USICS, causing deep concern and grief among those waiting patiently in the line before them.
This significantly reduces our confidence in the system. Thus, I am sending you this letter with a book as a symbol of protest and with the hope that USCIS will deal fairly with all the applicants as per the rules and regulations.
Thanks
My Name
****************
Note: On Amazon you must select gift option to add the message. No need to wrap it.
2011 Green dragonfly wings
meridiani.planum
02-23 11:45 PM
Progress of PDs are similar the ones which happened prior to June 2007. May be there is a chance of repeating that now......
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
interesting data. thanks to whoever put it up.
So if the pattern of last 2 years also holds this year, there will be slow month or 2 month movement until the last quarter (july/aug/sept) and then boom-bada-boom massive movement of maybe a couple of years. In that last quarter its all hit or miss, some 20-30% of people who get current will get GC (like what happened last year) then again back to 1 year of creep and crawl... hopefully by then we get some form of immigration legislation to clear this backlog.
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
interesting data. thanks to whoever put it up.
So if the pattern of last 2 years also holds this year, there will be slow month or 2 month movement until the last quarter (july/aug/sept) and then boom-bada-boom massive movement of maybe a couple of years. In that last quarter its all hit or miss, some 20-30% of people who get current will get GC (like what happened last year) then again back to 1 year of creep and crawl... hopefully by then we get some form of immigration legislation to clear this backlog.
more...
ajay
03-17 10:29 PM
Jayant,
But again, the thing to know about this stimulus package/rebate is that this is not FREE money; it is merely an advance on your 2008 tax return. Remember that and think twice before you spend it foolishly. Better still, send it to IV, contribute to an IRA or fund your kid's 529 plan.
What you said is not right according to the following IRS FAQ:
Q. Will the payment I receive in 2008 reduce my 2008 refund or increase the amount I owe for 2008?
A. No, the stimulus payment will not reduce your refund or increase the amount you owe when you file your 2008 return.
Courtesy by the link:
http://www.irs.gov/newsroom/article/0,,id=179181,00.html
But again, the thing to know about this stimulus package/rebate is that this is not FREE money; it is merely an advance on your 2008 tax return. Remember that and think twice before you spend it foolishly. Better still, send it to IV, contribute to an IRA or fund your kid's 529 plan.
What you said is not right according to the following IRS FAQ:
Q. Will the payment I receive in 2008 reduce my 2008 refund or increase the amount I owe for 2008?
A. No, the stimulus payment will not reduce your refund or increase the amount you owe when you file your 2008 return.
Courtesy by the link:
http://www.irs.gov/newsroom/article/0,,id=179181,00.html
polapragada
09-14 12:14 PM
On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.
If Substution labor was ethical, PD porting from EB3 to EB2 is ethical.
Ithink PD Porting might be legal at this time but not ETHICAL.
If Substution labor was ethical, PD porting from EB3 to EB2 is ethical.
Ithink PD Porting might be legal at this time but not ETHICAL.
more...
singhsa3
09-12 10:47 AM
Let is choose one, otherwise we run the risk of diluting the whole idea, I have put up a poll.
I am Ok with this idea as long as the issue doesn't get diluted.
I think everyone should send the letter in the same format though.
I am Ok with this idea as long as the issue doesn't get diluted.
I think everyone should send the letter in the same format though.
2010 Dragonfly wing / Rogue 141
bigboy007
06-10 11:46 PM
Diptam , its been repeatedly said CIR is not law yet , so dont think otherwise and be best wishes that it wont pass in current form. I hope there would be somthing as in case Law cant be retroactive. So cheerup and lets hope for the best.
more...
gc_check
07-11 12:28 PM
Hi,
My wife is on H4 and she has her H4 extension approval. But the local DMV says that they need to see a visa stamp in her passport to issue a DL. Its actually exchanging her out of state DL! Can anyone from NC (Raleigh, Cary, RTP, Durham etc) share their experiences please.
This was introduced very recently and unfortunately they are asking for a VISA Stamp in Passport. Earlier they were not issuing the DL without an ITIN if you do not have SSN; my wife had to wait for almost a year as you cannot apply for ITIN unless you send the W7 with your tax returns due to new regulations. Now they are NOT concerned on ITIN, but are looking for VISA stamp. Only thing that can be done online in NC with regards to DL is you can get a Duplicate DL online if lost or your address is changed. Try writing to Congressman David Price and see if you can get assist from him. I know this office has helped folks here on Visas before for other issues.
My wife is on H4 and she has her H4 extension approval. But the local DMV says that they need to see a visa stamp in her passport to issue a DL. Its actually exchanging her out of state DL! Can anyone from NC (Raleigh, Cary, RTP, Durham etc) share their experiences please.
This was introduced very recently and unfortunately they are asking for a VISA Stamp in Passport. Earlier they were not issuing the DL without an ITIN if you do not have SSN; my wife had to wait for almost a year as you cannot apply for ITIN unless you send the W7 with your tax returns due to new regulations. Now they are NOT concerned on ITIN, but are looking for VISA stamp. Only thing that can be done online in NC with regards to DL is you can get a Duplicate DL online if lost or your address is changed. Try writing to Congressman David Price and see if you can get assist from him. I know this office has helped folks here on Visas before for other issues.
hair dragonfly wings. by
vinzak
02-24 10:49 AM
I don't know if anyone of you has ever gotten on a rush hour train in mumbai. But before leaving for the US, a wise man told me that going to the US is like getting on a train in Mumbai, it's a struggle to get in. You'll have to push, shove, maybe stand on the footboard for a while. But once you get in, hold on tight until you get to your station. That's the philosophy I apply to all of this green card mess. I will hold on tight until my station comes.
My personal opinion is that the US is really not that unfair when it comes to immigrants. All the complaining that we do about unfairness, we do because we hold the US to American standards. We expect justice, effeciency, fairness that is expected of the US of A. We would not even have a chance to complain in most other countries (such as the middle-east, asia and to some extent Europe), because we would quite simply agree that we are always foreigners in those lands, no matter how long we live there, and that our rights as foreigners are limited.
Despite not having a GC, I have never felt like a foreigner here (I grew up in a bunch of countries, so I think I have a a few points of reference). I don't think having a GC will change anything. I can buy property and invest, work as I like, drive a car, speak my mind, pretty much do anything an american can.
We all seem to think GC is a magic bullet that solves all our problems. But in my observation, I have seen people languish in middling careers even after getting a GC, and I have seen people shoot up in their careers, or start successful businesses on H1B. GC might make things easier, but it certainly will not ensure success.
All of us are intelligent, enterprising risk-takers. I say risk-takers because setting up life in a new country is always fraught with risk. And we have taken that path. So we must accept all the ups and downs that come with it.
So my friends, if you're on the train, hang tight till your station comes. If you're planning to jump off mid station make sure you jump off in the direction of the train. :)
My personal opinion is that the US is really not that unfair when it comes to immigrants. All the complaining that we do about unfairness, we do because we hold the US to American standards. We expect justice, effeciency, fairness that is expected of the US of A. We would not even have a chance to complain in most other countries (such as the middle-east, asia and to some extent Europe), because we would quite simply agree that we are always foreigners in those lands, no matter how long we live there, and that our rights as foreigners are limited.
Despite not having a GC, I have never felt like a foreigner here (I grew up in a bunch of countries, so I think I have a a few points of reference). I don't think having a GC will change anything. I can buy property and invest, work as I like, drive a car, speak my mind, pretty much do anything an american can.
We all seem to think GC is a magic bullet that solves all our problems. But in my observation, I have seen people languish in middling careers even after getting a GC, and I have seen people shoot up in their careers, or start successful businesses on H1B. GC might make things easier, but it certainly will not ensure success.
All of us are intelligent, enterprising risk-takers. I say risk-takers because setting up life in a new country is always fraught with risk. And we have taken that path. So we must accept all the ups and downs that come with it.
So my friends, if you're on the train, hang tight till your station comes. If you're planning to jump off mid station make sure you jump off in the direction of the train. :)
more...
Sakthisagar
02-24 08:40 AM
Hi Folks,
I am here for the past 10 years, 2003 I changed my H1 company and they applied my GC on EB3 , and again I missed the 2007 fiasco. because my Mother was ailing and have to rush to our Mother land India, and I lost my Mother too. Unfortunately last time when I applied for the H1 extension on Sept 2009, they were just implementing the client Relationship stuff without any notice, I could produce the client letter and agreement even though my I-140 is approved, they gave only 1 year extension, this Sept 2010, I again have to extend my H1,if I did not get my EAD by that time.
In this times, two things are possible, One is a CIR, introduced in Senate and it passes with necessary vote, at this political situation it is most unlikely, and also if CIR fails then all our legal immigration will be passed as piece meal amendments. and the Visa recapture happens, Otherwise President, Senate and Congress together should know the situation we are all in and they take a decision on EB category, mind you, Legal immigration is blocked politically by Illegal Immigrants!. or USCIS should feel the back log reason, because of the 2000 amendment all our people back home coming as familes (nothing against them! everyone moves to greener pastures and good opportunity). In US, even if we are the most highly educated, all these carrer hike and promotion stuff goes by business situation, and as we all know US is still on recovery phase as far as economy is concerned, So be patient at least this year or next year some good news for all of us. Praying for all here in this situation. This is not a Problem, this is a Situation, even this will Pass away.
May GOD Bless
I am here for the past 10 years, 2003 I changed my H1 company and they applied my GC on EB3 , and again I missed the 2007 fiasco. because my Mother was ailing and have to rush to our Mother land India, and I lost my Mother too. Unfortunately last time when I applied for the H1 extension on Sept 2009, they were just implementing the client Relationship stuff without any notice, I could produce the client letter and agreement even though my I-140 is approved, they gave only 1 year extension, this Sept 2010, I again have to extend my H1,if I did not get my EAD by that time.
In this times, two things are possible, One is a CIR, introduced in Senate and it passes with necessary vote, at this political situation it is most unlikely, and also if CIR fails then all our legal immigration will be passed as piece meal amendments. and the Visa recapture happens, Otherwise President, Senate and Congress together should know the situation we are all in and they take a decision on EB category, mind you, Legal immigration is blocked politically by Illegal Immigrants!. or USCIS should feel the back log reason, because of the 2000 amendment all our people back home coming as familes (nothing against them! everyone moves to greener pastures and good opportunity). In US, even if we are the most highly educated, all these carrer hike and promotion stuff goes by business situation, and as we all know US is still on recovery phase as far as economy is concerned, So be patient at least this year or next year some good news for all of us. Praying for all here in this situation. This is not a Problem, this is a Situation, even this will Pass away.
May GOD Bless
hot Winter Dragon Fly Wings O / S
bestofall
07-15 03:25 PM
Here is my pledge.
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Satyasai ,
You are the STAR ,
Iam sure every one will get motivated by you :)
Thanks
Bestofall
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Satyasai ,
You are the STAR ,
Iam sure every one will get motivated by you :)
Thanks
Bestofall
more...
house Dragonfly Wings
Libra
09-11 05:30 PM
thank yoy superdesi2100 for your contributions.
tattoo Angel With Dragonfly Wings
vin13
03-12 03:33 PM
Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.
Are you part of core?
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
Are you part of core?
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
more...
pictures Dragonfly wings - macro.
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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DesiGuy
09-12 05:52 AM
yes, but u need lots of $$$ and TIME for a successful lawsuit.
more...
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john2255
07-23 10:47 AM
NY/NJ/CT/MA Members -
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
This is also a very good idea. By the way how many wrote to their senator's.
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
This is also a very good idea. By the way how many wrote to their senator's.
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shreekhand
07-18 05:50 PM
priti8888,
That is not true. Receipt Date is when the service center physically receives the package. They date stamp it and then use it to enter that RD when they generate the Notice on the ND.
What you see on the status page for sure reflects the ND and NOT the RD. So you can pretty much ignore what the status page says and rely on what your physical notice says (it states the actual RD when they physically received the package!)
Hope this is a clear explanation.
RECIPT DATE is the date when they input your info in the system. Before inputting in the system they check I140,medicals,etc. Notice date has no bearing. If your packet looks fine you get your receipt number and then you will be able to view the status on uscis.gov. The status will be something like "On july 9th 2007 we received your applivction ..............etc"
"Status :case received and pending"
That is not true. Receipt Date is when the service center physically receives the package. They date stamp it and then use it to enter that RD when they generate the Notice on the ND.
What you see on the status page for sure reflects the ND and NOT the RD. So you can pretty much ignore what the status page says and rely on what your physical notice says (it states the actual RD when they physically received the package!)
Hope this is a clear explanation.
RECIPT DATE is the date when they input your info in the system. Before inputting in the system they check I140,medicals,etc. Notice date has no bearing. If your packet looks fine you get your receipt number and then you will be able to view the status on uscis.gov. The status will be something like "On july 9th 2007 we received your applivction ..............etc"
"Status :case received and pending"
hairstyles Dragonfly wings
audelinom
02-23 11:26 PM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
vinvin24
05-03 02:09 PM
If there is a template for fax and regular mail, we can get more people involved in this campaign. Thank you for your efforts.
sanjay
04-30 04:03 PM
They are done with the hearing?? WTF???? Have they got any fruitful information out of it? I feel so deceived..!! I think its all a farse..
Damn u USCIS and Damn u congress who hold our cause hostage to those illegal immigrants.
No fruitful results. As expected nothing happened. Actually, I would had got surprised if something had happened. plight of a legal immigrant from retrogated countries remains the same.
Back to work now.
Damn u USCIS and Damn u congress who hold our cause hostage to those illegal immigrants.
No fruitful results. As expected nothing happened. Actually, I would had got surprised if something had happened. plight of a legal immigrant from retrogated countries remains the same.
Back to work now.
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