ras
10-16 05:47 PM
Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
Issue/Background:
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Issue/Background:
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
wallpaper Aussie actor Liam Hemsworth
icedgin
07-27 09:38 AM
Hi Angel,
I think I am in a similar situation with you.Me and my kids are also separated from my wife for almost a year now. It was really a big mistake on my part not to join her on her Embassy interview thinking visas were plentiful.BIG MISTAKE. I was at that time not well informed about visa availability.Our PD is Nov 05 and I am from the Philippines. I do feel what you feel. It is an emotional roller coaster ride. Are you derivative beneficiaries of your wife's Sched A petition and what country are you from? If you dont mind me asking.
I think I am in a similar situation with you.Me and my kids are also separated from my wife for almost a year now. It was really a big mistake on my part not to join her on her Embassy interview thinking visas were plentiful.BIG MISTAKE. I was at that time not well informed about visa availability.Our PD is Nov 05 and I am from the Philippines. I do feel what you feel. It is an emotional roller coaster ride. Are you derivative beneficiaries of your wife's Sched A petition and what country are you from? If you dont mind me asking.
satishbsk
07-13 03:08 PM
near LAX.
___________
Contributed $280 so far
___________
Contributed $280 so far
2011 boyfriend Liam Hemsworth
spicy_guy
10-22 12:21 PM
I filed my EB2 with the same employer. Did not get any RFE for PERM Labor. I have M.S degree from US. I am in the same job role from the beginning (Web Developer).
When did you apply? Status?
When did you apply? Status?
more...
shukla77
06-11 04:59 PM
Now people are going to use this site to sell mangos, T shirt, skirts, coconuts.... etc ..:D Thats the only thing we needed other than usual bickering..
Anybody wants Indian mangoes?
Anybody wants Indian mangoes?
k3GC
12-10 09:21 PM
If i have to interpret that - once EB2I and EB2C start having the same priority dates thats when spillover has started happening, then past years records show the following
In 2009 - this was first evident in the Jul 09 Bulletin
In 2008 - this was first evident in the Apr 08 Bulletin
In 2007 - This was evident in the fiasco bulletin of Jul 07
I dont think quarterly spillovers ever happen, Jan to Apr 2010 is going to see slow progress in dates as per their projections. May 2010 bulletin may show some changes.
Unless ofcourse Magic happens :D
In 2009 - this was first evident in the Jul 09 Bulletin
In 2008 - this was first evident in the Apr 08 Bulletin
In 2007 - This was evident in the fiasco bulletin of Jul 07
I dont think quarterly spillovers ever happen, Jan to Apr 2010 is going to see slow progress in dates as per their projections. May 2010 bulletin may show some changes.
Unless ofcourse Magic happens :D
more...
Keeme
03-05 11:45 AM
Our cases are with NSC. EB2. PD: Mar -06
i responded to RFE last year. then case processing resumed.
We saw LUD on all 3 cases on Friday. I called up IO at NSC and she told that
LUD was because they applied biometrics to your cases. I told her i did not get 2nd FP
notice ,we did not give any FPs. She said they have our new FPs in the system and applied
the same.
i am not sure what she is talking about???
One possible reason could be, they might have reused our FPs given during EAD renewals few months back. But does it make sense to anyone? did anyone face the same experience?
Thanks.
Could be true ! That was my first thought and counted months since filing I-485. Its more than 19 month now . The Finger prints expires in 15 months.
Considering they are running late and all these LUDs are for renewing your finger prints for next 15 months , why there are so many RFEs for people who don't have their PDs current ?
i responded to RFE last year. then case processing resumed.
We saw LUD on all 3 cases on Friday. I called up IO at NSC and she told that
LUD was because they applied biometrics to your cases. I told her i did not get 2nd FP
notice ,we did not give any FPs. She said they have our new FPs in the system and applied
the same.
i am not sure what she is talking about???
One possible reason could be, they might have reused our FPs given during EAD renewals few months back. But does it make sense to anyone? did anyone face the same experience?
Thanks.
Could be true ! That was my first thought and counted months since filing I-485. Its more than 19 month now . The Finger prints expires in 15 months.
Considering they are running late and all these LUDs are for renewing your finger prints for next 15 months , why there are so many RFEs for people who don't have their PDs current ?
2010 Liam Hemsworth 10 months
test101
07-05 01:44 PM
I just Spoke to sentor Specter office: 202-224-4254. They were very supportive. I spoke about the revised Visa bulltien and the effect of losing nurses. They were very sympathatic . I added i know how the sentor support immigration.
Please do call the office.. tell them about what is going on and thank them for supporting immigration in general.
they actually asked for my name ...
Please do call the office.. tell them about what is going on and thank them for supporting immigration in general.
they actually asked for my name ...
more...
ArkBird
08-12 03:10 PM
Am I the only one here feeling like being used as toilet paper waiting to get flushed with other "stuff" ??
hair liam hemsworth 23 3 10 kc Liam
eager_immi
07-05 01:04 PM
do u have the list of email addresses? I sent an email to all 100 senators, hopefully they will reply.
more...
Maverick1
11-09 01:49 PM
Thanks to the glorious service of the Atlanta center :mad: I missed the I-485 bus by 7 days( Labor cleared on Aug end ). Many people with later PD's got cleared from the Chicago PERM center . Now I just watch as all members get their EAD's and AP's while I wait with nothing but hope and watch legislation after legislation fail in the senate and house , and the letters flying all over the place .
Very SAD to know that you missed the opportunity to file AOS by 7 days. I know how painful it can be.
Do you know of any efforts to speed up the ATL PERM processing ? I see the graph at has a downward trend lately (less average time for approval).
Very SAD to know that you missed the opportunity to file AOS by 7 days. I know how painful it can be.
Do you know of any efforts to speed up the ATL PERM processing ? I see the graph at has a downward trend lately (less average time for approval).
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gc_bulgaria
01-05 10:53 PM
Ok, so I saw the video. I am confused by his analogy and I am a scientist. Maybe it is the lack of data analysis and graphics he keeps referring to. He is not a great speaker. I stopped watching it midway.
BTW, I am a student from a so called 'garbage' Indian education system and a graduate of Duke University.:p
Go figure!
BTW, I am a student from a so called 'garbage' Indian education system and a graduate of Duke University.:p
Go figure!
more...
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small2006
05-02 09:47 AM
:mad:
Don't just blurt something out of frustration without thinking twice before hitting the "Submit" button. We are all frustrated here when it comes to GC processing. In that sense we are all in the SAME BOAT. Be specific about the point you are trying to make instead of blanketing all H1B and GC aspirants so that its not confusing or misleading to others.
Well,If you think that it was a cheap attempt, then i belive you need tutoring in english first, i would have appreciated if you would have read the full documents first, if you are not in the same boat as others doesnot means that others are not, there are still many H1 holders whose spouse doesnot have a SSN and only ITIN, and i am not over or below quoting the statement made by IRS.
Please think twice before issuing any statements.
P.S- Thanks for Pointing that Title of a Thread is for writing autobiographies, I will keep that in mind,when you are around. :-)
Don't just blurt something out of frustration without thinking twice before hitting the "Submit" button. We are all frustrated here when it comes to GC processing. In that sense we are all in the SAME BOAT. Be specific about the point you are trying to make instead of blanketing all H1B and GC aspirants so that its not confusing or misleading to others.
Well,If you think that it was a cheap attempt, then i belive you need tutoring in english first, i would have appreciated if you would have read the full documents first, if you are not in the same boat as others doesnot means that others are not, there are still many H1 holders whose spouse doesnot have a SSN and only ITIN, and i am not over or below quoting the statement made by IRS.
Please think twice before issuing any statements.
P.S- Thanks for Pointing that Title of a Thread is for writing autobiographies, I will keep that in mind,when you are around. :-)
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desi3933
08-04 03:43 PM
I'm not getting what's your point. All I am telling this guy and others that I need some statistics and why it is important to me. People who like my point will write them and people who will not like my point but still have the problem will modify the letter accordingly and people who should not care since they are not affected should just ignore this thread and move....
My best wishes are with you.
Go ahead and send your letter, that includes line like Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
Please keep us posted on updates. Thanks! ;)
My best wishes are with you.
Go ahead and send your letter, that includes line like Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
Please keep us posted on updates. Thanks! ;)
more...
pictures co-star Liam Hemsworth at
glus
07-06 12:34 PM
This is too confusing, it looks like USCIS is going crazy.
Something is cooking and they try to cover their as.... before the legal action takes its stand....:-)), but it is too late for them..
Something is cooking and they try to cover their as.... before the legal action takes its stand....:-)), but it is too late for them..
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gc_rip
09-01 02:13 PM
Arrived in US Aug 99.
Couple startups went down, and finally filed in EB3 category, PD Feb 2005.
Current calculations, should have adjudication by Oct 2023.
HaHaHaHAHAAHAHHAAAHA
Surely, it's been a joke.
Couple startups went down, and finally filed in EB3 category, PD Feb 2005.
Current calculations, should have adjudication by Oct 2023.
HaHaHaHAHAAHAHHAAAHA
Surely, it's been a joke.
more...
makeup Liam Hemsworth Headshot
Macaca
09-15 10:18 AM
Caught in a bureaucratic black hole Applicants seeking U.S. citizenship languish for years as the FBI conducts cumbersome records checks (http://immigrationvoice.org/forum/showpost.php?p=162416&postcount=1062) Lawsuits are a result By Anna Gorman (anna.gorman@latimes.com) | Los Angeles Times Staff Writer, September 10, 2007
A Solution Seen to �Brain Drain� (http://immigrationvoice.org/forum/showpost.php?p=154885&postcount=995) By STEVE LOHR (slohr@nytimes.com) | New York Times, August 27, 2007
"Reverse brain drain" threatens U.S. competitiveness, study says (http://immigrationvoice.org/forum/showpost.php?p=151661&postcount=960) By RACHEL KONRAD (rkonrad@ap.org) | AP Business Writer, 08/21/2007
Land of the Less-Free (http://www.latimes.com/news/opinion/web/la-oew-welch21aug21,1,291082.story) New passport and child-support laws are making the country less free for law abiding citizens By Matt Welch (matt.welch@latimes.com) | LA Times, August 21, 2007
Immigration Activists March in L.A. (http://hosted.ap.org/dynamic/stories/I/IMMIGRATION_ACTIVIST?SITE=PASTR&SECTION=HOME&TEMPLATE=DEFAULT) By CHRISTOPHER WEBER (cweber@ap.org) | Associated Press Writer, Aug 25 2007
Lofgren battles steep rise in fees immigrants pay (http://immigrationvoice.org/forum/showpost.php?p=137273&postcount=869) By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, August 1, 2007
Immigrant rights protesters rally at Capitol (http://immigrationvoice.org/forum/showpost.php?p=75396&postcount=38) By Molly Hennessy-Fiske (molly.hennessy-fiske@latimes.com), Times Staff Writer, June 2, 2007
Tech industry to keep pressing visa needs IMMIGRATION REFORM'S COLLAPSE GETS FIRMS LOOKING ABROAD (http://immigrationvoice.org/forum/showpost.php?p=104996&postcount=664) By Frank Davies (fdavies@mercurynews.com or (202) 662-8921), MediaNews Washington Bureau, 07/09/2007
Microsoft moves north Unable to meet its hiring needs because of U.S. immigration policy, the software company is opening an office in Vancouver (http://immigrationvoice.org/forum/showpost.php?p=105200&postcount=666) LA Times Editorial (letters@latimes.com), July 10, 2007
A Solution Seen to �Brain Drain� (http://immigrationvoice.org/forum/showpost.php?p=154885&postcount=995) By STEVE LOHR (slohr@nytimes.com) | New York Times, August 27, 2007
"Reverse brain drain" threatens U.S. competitiveness, study says (http://immigrationvoice.org/forum/showpost.php?p=151661&postcount=960) By RACHEL KONRAD (rkonrad@ap.org) | AP Business Writer, 08/21/2007
Land of the Less-Free (http://www.latimes.com/news/opinion/web/la-oew-welch21aug21,1,291082.story) New passport and child-support laws are making the country less free for law abiding citizens By Matt Welch (matt.welch@latimes.com) | LA Times, August 21, 2007
Immigration Activists March in L.A. (http://hosted.ap.org/dynamic/stories/I/IMMIGRATION_ACTIVIST?SITE=PASTR&SECTION=HOME&TEMPLATE=DEFAULT) By CHRISTOPHER WEBER (cweber@ap.org) | Associated Press Writer, Aug 25 2007
Lofgren battles steep rise in fees immigrants pay (http://immigrationvoice.org/forum/showpost.php?p=137273&postcount=869) By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, August 1, 2007
Immigrant rights protesters rally at Capitol (http://immigrationvoice.org/forum/showpost.php?p=75396&postcount=38) By Molly Hennessy-Fiske (molly.hennessy-fiske@latimes.com), Times Staff Writer, June 2, 2007
Tech industry to keep pressing visa needs IMMIGRATION REFORM'S COLLAPSE GETS FIRMS LOOKING ABROAD (http://immigrationvoice.org/forum/showpost.php?p=104996&postcount=664) By Frank Davies (fdavies@mercurynews.com or (202) 662-8921), MediaNews Washington Bureau, 07/09/2007
Microsoft moves north Unable to meet its hiring needs because of U.S. immigration policy, the software company is opening an office in Vancouver (http://immigrationvoice.org/forum/showpost.php?p=105200&postcount=666) LA Times Editorial (letters@latimes.com), July 10, 2007
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she81
08-13 04:44 PM
Till last year EB 3 would get additional visa from the leftovers of ROW, both EB2 and EB 3-I would benefit from the ROW visia, now all the visas are going to EB2, so i agree with you, there is little hope for EB 3.
Why are there no repurcussions if USCIS admits that they were incorrectly allocating the visa earlier. they can suddenly change the rules and everybody keeps quiet....strange.
Thats USCIS - Uncertain Surreptitious and Careless Institution to Select future immigrants.
Why are there no repurcussions if USCIS admits that they were incorrectly allocating the visa earlier. they can suddenly change the rules and everybody keeps quiet....strange.
Thats USCIS - Uncertain Surreptitious and Careless Institution to Select future immigrants.
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MrWaitingGC
06-01 05:07 PM
Dont worry nothing is passed to become law enjoy your day.
krishmunn
08-12 12:15 PM
and expoilted the employees to the maximum extent. In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.
True. But why then does an employee want to join such company ? It is not that you are not aware of all these before you step to this country through Infy or TCS ?
True. But why then does an employee want to join such company ? It is not that you are not aware of all these before you step to this country through Infy or TCS ?
jayleno
09-15 04:30 PM
Buddy,
If a majority of members on IV are not in support of your idea, would you agree that its not fair to organize these kind of things on IV forum? I can imagine how hard it was for the people to bring this organization to this stage. While you haven't contributed much, you are trying to break it up for your own selfish reasons. God knows if you will really benefit anything out of this. How different are you from anti-immigrants who claim that immigrants are stealing American jobs?
Can you change the poll to include EB2 people who do not intend to support you idea? You say a number of people are supporting you...and 6 is a number? What is the percentage?
I have not raised anything yet. We do have a number of members ready to support. We are getting there. People, please come forward. Lets get this thing going.
Send me a PM if you are not sure about posting on the forums here.
If a majority of members on IV are not in support of your idea, would you agree that its not fair to organize these kind of things on IV forum? I can imagine how hard it was for the people to bring this organization to this stage. While you haven't contributed much, you are trying to break it up for your own selfish reasons. God knows if you will really benefit anything out of this. How different are you from anti-immigrants who claim that immigrants are stealing American jobs?
Can you change the poll to include EB2 people who do not intend to support you idea? You say a number of people are supporting you...and 6 is a number? What is the percentage?
I have not raised anything yet. We do have a number of members ready to support. We are getting there. People, please come forward. Lets get this thing going.
Send me a PM if you are not sure about posting on the forums here.
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