raysaikat
01-07 01:12 AM
Believe it or not, I've met a taxi driver who graduated from an Ivy League institution and used to work at NASA in 60s and 70s and worked on developing algorithms for decompressing transmissions.
This actually reminds me of the joke:
A doctor's office got flooded. The plumber is called and he fixed the broken pipe in 5 minutes.
Doctor: "How much do I owe you?"
Plumber: "$200".
Doctor: "What! Even I do not make $200 for a 5 minute work!"
Plumber: "Which is why I changed profession."
:D
This actually reminds me of the joke:
A doctor's office got flooded. The plumber is called and he fixed the broken pipe in 5 minutes.
Doctor: "How much do I owe you?"
Plumber: "$200".
Doctor: "What! Even I do not make $200 for a 5 minute work!"
Plumber: "Which is why I changed profession."
:D
wallpaper Facebook MySpace twitter
nk2006
10-17 04:19 PM
{someone sent me a PM (with a red-dot to boot :) asking what is the plan?}
As explained in the first post of this thread the current plan: is to write to ombudsman, service center etc and explain why this I485 denial is wrong. The letter format and addresses are provided in the same post. I request members to email ombudsman the letter - since their office got some attention on this issue its best time to send more. All you have to do is paste the letter and add your personal info and send email - take a few more minutes to print it and send hard-copy as well, just in case if they ignore emails.
As explained in the first post of this thread the current plan: is to write to ombudsman, service center etc and explain why this I485 denial is wrong. The letter format and addresses are provided in the same post. I request members to email ombudsman the letter - since their office got some attention on this issue its best time to send more. All you have to do is paste the letter and add your personal info and send email - take a few more minutes to print it and send hard-copy as well, just in case if they ignore emails.
vjkypally
07-20 09:42 AM
BTW how did Obama vote?????
2011 Twitter, Facebook, Digg
pmpforgc
03-07 09:22 AM
Not a single person on this thread criticizing will ever go back however much painful the greencard wait is. This is a ugly truth.
Life in USA is far better than India and will always be until India controls its population, curroption and poverty.
Unless india address issues of Population Growth ( now it is hard to walk in many places in big cities), Morality of the Peoples (govt can not do any thing about this, we as a people always take shortcuts aslong as it does not affect us personally !!!) Broken Judicial system ( Recent statement of supreme court tells they have enough court case to deal per judge for next few decades !!) Purity of air, water,milk, Increasing corruption and detoriation in quality of education (because of priviatization we have engineering , pharmacy and other technical education colleges in every village, 95% of them dont have faculty, labs etc and only care for profit, you can graduate as long as you pay fee for admission and pay fee for their annual due) (that is why our 90% of engineers are UNEMLOYABLE) THERE ARE many other issues to list here but all we know
If you go to our home country for short visit, you will probably like it , if you stay there more than three months and try to settle there again, you will start comparing all above to US and might feel that you made wrong choice of abondoning your GC process
Also in money we make in some big cities in our home country we can not buy a decent home to live in as real estate prices are so INFLATED and there is no body which regulates real estate in India. Prices double evey day. I dont know how local middle class which hardly make 2-3 lac per year can afford such properties.
After living long time in other country, it will be hard to adjust with people there. You will always face morality issue, duplicity in the people (what they talk and what they act, it is hard to trust) also artificial and selfish nature of so called social relations in home country (of which all we are proud of some how ) I find people and social relation here more frank and trust worthy (they are more open and close to reality) then our social structure where evry one try to take advantage of other some how under the so called social relations
So think three time about all these issue of long term before you try to abondon your GC process. All these isssues you will be facing in our home country no matter how much money you make. On long term your choice might hurt you. If you are fed up with immigration issues here try to open up other avenues for you along with this country.
Life in USA is far better than India and will always be until India controls its population, curroption and poverty.
Unless india address issues of Population Growth ( now it is hard to walk in many places in big cities), Morality of the Peoples (govt can not do any thing about this, we as a people always take shortcuts aslong as it does not affect us personally !!!) Broken Judicial system ( Recent statement of supreme court tells they have enough court case to deal per judge for next few decades !!) Purity of air, water,milk, Increasing corruption and detoriation in quality of education (because of priviatization we have engineering , pharmacy and other technical education colleges in every village, 95% of them dont have faculty, labs etc and only care for profit, you can graduate as long as you pay fee for admission and pay fee for their annual due) (that is why our 90% of engineers are UNEMLOYABLE) THERE ARE many other issues to list here but all we know
If you go to our home country for short visit, you will probably like it , if you stay there more than three months and try to settle there again, you will start comparing all above to US and might feel that you made wrong choice of abondoning your GC process
Also in money we make in some big cities in our home country we can not buy a decent home to live in as real estate prices are so INFLATED and there is no body which regulates real estate in India. Prices double evey day. I dont know how local middle class which hardly make 2-3 lac per year can afford such properties.
After living long time in other country, it will be hard to adjust with people there. You will always face morality issue, duplicity in the people (what they talk and what they act, it is hard to trust) also artificial and selfish nature of so called social relations in home country (of which all we are proud of some how ) I find people and social relation here more frank and trust worthy (they are more open and close to reality) then our social structure where evry one try to take advantage of other some how under the so called social relations
So think three time about all these issue of long term before you try to abondon your GC process. All these isssues you will be facing in our home country no matter how much money you make. On long term your choice might hurt you. If you are fed up with immigration issues here try to open up other avenues for you along with this country.
more...
sanju_dba
09-08 10:45 AM
Came here in july 1997
filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..
I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.
to make it more arbitrable, how about if one completes the 40 tax credits and is clean of criminal records.
filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..
I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.
to make it more arbitrable, how about if one completes the 40 tax credits and is clean of criminal records.
singhsa3
07-20 01:19 PM
For my career sake, I hope you are right!
H1Bs taken care by California and Vermont centers. 485, 131 and 765 are handled by Nebraska and Texas centers.
Also, Nebraska is big and main center. They know how to handle load.
Here are the EAD statistics (real numbers):
Year Total received Approved
2000 1,451,527 1,325,840
2001 1,813,479 1,698,448
2002 1,745,976 1,573,842
2003 2,156,095 1,977,344
2004 1,640,703 1,694,623
2005 1,744,961 1,541,531
2006 1,462,583 1,188,770
By seeing above numbers, you can see how USCIS handles load of millions of EAD applications every year. so, 600K is not a surprise for them. In 2003, they got more 2 million applications, but they handled well. But it may be take one or two months extra, i.e. 3+2 = 5 months maximum to get your EAD. Thats for sure. They will be prepared for that when you they allow us to file.
If you already applied for EAD now, then you will for sure have a EAD by December.
H1Bs taken care by California and Vermont centers. 485, 131 and 765 are handled by Nebraska and Texas centers.
Also, Nebraska is big and main center. They know how to handle load.
Here are the EAD statistics (real numbers):
Year Total received Approved
2000 1,451,527 1,325,840
2001 1,813,479 1,698,448
2002 1,745,976 1,573,842
2003 2,156,095 1,977,344
2004 1,640,703 1,694,623
2005 1,744,961 1,541,531
2006 1,462,583 1,188,770
By seeing above numbers, you can see how USCIS handles load of millions of EAD applications every year. so, 600K is not a surprise for them. In 2003, they got more 2 million applications, but they handled well. But it may be take one or two months extra, i.e. 3+2 = 5 months maximum to get your EAD. Thats for sure. They will be prepared for that when you they allow us to file.
If you already applied for EAD now, then you will for sure have a EAD by December.
more...
amitpan007
08-26 11:57 AM
I have a loan with LIC. The rates are pretty good and no-prepayment penalty if paid using NRI funds only. Took some time to set all this up. Definitely need a local person to carry out all the paperwork and good support from the builder. Their email system is not very efficient. Tried with HDFC before this in Hyd and had lots of problems getting the loan even after contacting the CEO.
2010 facebook logo small png.
ashutrip
06-21 01:16 PM
Link to post at IV (http://immigrationvoice.org/forum/showpost.php?p=86268&postcount=5)
http://www.youtube.com/watch?v=TCbFEgFajGU
http://www.youtube.com/watch?v=TCbFEgFajGU
more...
semiGator
01-11 08:48 AM
I had a similar problem last year. Could not get the needed loan and finally gave up arguing with the 2 loan officers from 2 banks. Sorry can't give a cheerful picture:(
hair Facebook and twitter vector
sweet23guyin
07-18 03:29 PM
Great.. Thank you.. Please ask your neighbours to join IV i they have not yet.
I never mailed all my contacts at a time in my 10years of email life!
IV made me to do :)
I never mailed all my contacts at a time in my 10years of email life!
IV made me to do :)
more...
globaldesi
12-11 03:16 PM
Can we check with CIS if they plan to pursue this option (pre-485 step)?
Is there a plan to start a campaign for this? I would be willing to contribute (monetary and effort) if there's such a plan...
I can see there are a lot of folks who would welcome such a plan.
Is there a plan to start a campaign for this? I would be willing to contribute (monetary and effort) if there's such a plan...
I can see there are a lot of folks who would welcome such a plan.
hot Facebook Logo Small Png.
JunRN
05-15 11:39 PM
He got info from USCIS through congressional liason that his 140 was indeed approved on the date when the IO claimed it was denied and it was indeed revoked when he got a denial. The revoke was initiated by his employer.
They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right
Thanks for the clarification. Regarding faulty system, if it's not the database, it must be the practice. We have heard not few cases of AC21 cases being improperly denied.
My take is that the system used by USCIS is not designed to check for AC21 cases and so rightfully, when IO sees denied I-140, they deny the I-485. I think their Manual is also not updated to reflect AC21. AC21 is still a memo and not in their Manual.
They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right
Thanks for the clarification. Regarding faulty system, if it's not the database, it must be the practice. We have heard not few cases of AC21 cases being improperly denied.
My take is that the system used by USCIS is not designed to check for AC21 cases and so rightfully, when IO sees denied I-140, they deny the I-485. I think their Manual is also not updated to reflect AC21. AC21 is still a memo and not in their Manual.
more...
house Welcome to FIRST
desi3933
07-06 12:20 PM
Look at the mistake again
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
IS THIS A MISTAKE OR REAL
It is NOT a mistake. Please read it again.
All numbers available to these categories under the FY-2007 annual numerical limitation have been made available
simple means that
all visa number (for FY-2007) are used up. They were made available to USCIS by DoS.
___________________
Not a legal advice.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
IS THIS A MISTAKE OR REAL
It is NOT a mistake. Please read it again.
All numbers available to these categories under the FY-2007 annual numerical limitation have been made available
simple means that
all visa number (for FY-2007) are used up. They were made available to USCIS by DoS.
___________________
Not a legal advice.
tattoo Facebook_Logo_F_01.png fbb
lskreddy
04-30 03:01 PM
Mr. Aytes talked about procedural changes that they undertook which moved them away from First in, first out. They are now approving petitions (not just adjustments -485's) which would have an opportunity to immigrate sooner, like a person from ROW.
No wonder my 140 is stuck..Damn..
No wonder my 140 is stuck..Damn..
more...
pictures EA WorldView - Donate
qualified_trash
01-03 04:22 PM
I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.
I come from a nuclear family in India and see no reason why my kid cannot develop into a good citizen the way my parents made sure I did..........
I learnt at a very young age that living with your cousins/uncles/aunts is not necessarily a guarantee of being close........ I am a lot closer to family I never lived with in the same city than I am to family who lived a few blocks from where we did.........
It is all in how the parents mold the environment for their kids. if we as parents fail in our duty towards our kids, does not matter where you live, we will do a great disservice to society..........
I come from a nuclear family in India and see no reason why my kid cannot develop into a good citizen the way my parents made sure I did..........
I learnt at a very young age that living with your cousins/uncles/aunts is not necessarily a guarantee of being close........ I am a lot closer to family I never lived with in the same city than I am to family who lived a few blocks from where we did.........
It is all in how the parents mold the environment for their kids. if we as parents fail in our duty towards our kids, does not matter where you live, we will do a great disservice to society..........
dresses info Logo+facebook+png
pappu
04-29 02:57 PM
As the CIR bill outline is getting introduced today, we all need to do our share in making our voice heard. Our issues are real and affect about a million people patiently waiting in line for past several years. We are high-skilled immigrants who have followed all the rules and contribute significantly to the innovation and economy of this county. Our strength is our grassroots efforts, so let us all call our lawmakers and ask them to take immediate action on the immigration bill.
Call your Legislators:
Immigration Voice is organizing a nationwide call-the-lawmakers drive. We request members to call each and every senator and congress member. This drive will precede the ‘Advocacy Day(s)’ in Washington, DC and ‘Meet the lawmaker’ drive in local districts. Members can use this phone call conversation with their local lawmaker offices to follow-up with lawmakers when they meet during the break just after the Memorial day.
Don’t miss this opportunity:
This is the perfect time to call the lawmakers. The bill needs a push via support from people like us and all lawmakers needs to be encouraged and urged to help us. There are indications that there will be lot of activity on immigration issues in both House and Senate after the Memorial day. We need to make those activities go in our favor and not die like the CIR bill in 2006 & 2007. Thus it is important to starting calling lawmakers, starting from the Senate members. In order to capitalize on this opportunity, it is very important that everyone calls every lawmaker of this country. The similar next opportunity will be in 2013. We can participate now or we will all have ourselves to blame.
When:
This campaign starts today at 4:00 PM EST on 29th April, 2010) (Today) and will run until the end of next week. All IV members are encouraged to make multiple phone calls whenever they find some time during the day.
Who:
This is the order in which we would prefer that members call. Call all the senators listed here, even if they are not from your state.
This is the list of offices where there is maximum potential to swing votes either because they are new in the US senate or because they may be reconsidering their position on CIR if the bill has stricter provisions in it.
TIER I: LIST OF KEY SENATORS FOR CIR
Senator Scott Brown (R-Massachusetts)
(202) 224-4543
Senator Judd Gregg (R-New Hampshire)
(202) 224-3324
Senator Richard Lugar (R-Indiana)
(202) 224-4814
Senator Michael Enzi (R-Wyoming)
(202) 224-3424
Senator Lindsey Graham (R-South Carolina)
(202) 224-5972
Senator John Ensign (R-Nevada)
(202) 224-6244
Senator Orin Hatch (R-Utah)
(202) 224-5251
Senator John Cornyn (R-Texas)
(202) 224-2934
Senator John Kyl (R-Texas)
(202) 224-4521
Senator Mitch Mcconnell (R-Kentuky)
(202) 224-2541
Senator Amy Klobuchar (D-Minnesota)
(202) 224-3244
Senator Claire McCaskill (D-Missouri)
(202) 224-6154
Senator Jon Tester (D-Montana)
(202) 224-2644
Senator Jim Webb (D-Virginia)
(202) 224-4024
Senator Sheldon Whitehouse (D-Rhode Island)
(202) 224-2921
What you could say to the Senator offices listed above:
When you call:
Be courteous. Tell the lawmaker office that:
--------------------------------------------
I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform proposal released a few days back.
I am calling to express my support for the high skilled provisions to resolve the current green card backlogs of the doctors, engineers, research scientist and professors etc. This group of highly skilled immigrants stimulates every part of the economy participating in creating economic prosperity, innovation and entrepreneurship for creating more jobs in America.
I strongly urge the Senator to please support this proposal. If it is possible, could you please share the position of the Senator on the recently released (last week) Comprehensive Immigration Reform proposal?
Thank you and I am counting on the Senator’s support for this very important issue of national importance. Please convey regards to the Senator.
--------------------------------------------
If you belong to the constituency (State) of the lawmaker, then tell them that you belong to their district/state and are calling to seek their help. If you are talking to a Senator office then tell them you are anxiously waiting for a Senators support for the immigration bill.
Then ask: What is the lawmaker’s position on immigration proposal? If the position is
- Supportive: Then thank the lawmaker office for it.
- If they oppose it: Then request them to support the high skilled green card provisions of the bill that will greatly help you. You sincerely hope that the lawmaker will reconsider his/her position and help you.
Be polite and persuasive in your message.
Question What if some Senators say they do not support amnesty. -
Answer "For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
TIER II: LIST OF KEY SENATORS SPONSORING OR CO-SPONSORING CIR BILL
Senate Majority Leader Harry Reid (Nevada)
(202) 224-3542
Senator Dick Durbin (Illinois)
(202) 224-2152
Senator Chuck Schumer (New York)
(202) 224-6542
Senator Patrick Leahy (Vermont)
(202) 224-4242
Senator Dianne Feinstein (California)
(202) 224-3841
Senator Bob Menendez (New Jersey)
(202) 224-4744
Sen. Ben Cardin (Maryland)
(202) 224-4524
What:
When you call:
Be courteous. Tell the lawmaker office that:
--------------------------------------------
I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform proposal due to be introduced later in the day today.
Thank you for the Senator’s leadership on this very important issue of immigration. Please convey my gratitude, full support and regards to the Senator.
--------------------------------------------
Be polite and persuasive in your message.
Stick to the message and you will really make a big difference.
Please post the outcome of your call on this thread. For more information please contact IV.
Thank You,
Immigration Voice
Call your Legislators:
Immigration Voice is organizing a nationwide call-the-lawmakers drive. We request members to call each and every senator and congress member. This drive will precede the ‘Advocacy Day(s)’ in Washington, DC and ‘Meet the lawmaker’ drive in local districts. Members can use this phone call conversation with their local lawmaker offices to follow-up with lawmakers when they meet during the break just after the Memorial day.
Don’t miss this opportunity:
This is the perfect time to call the lawmakers. The bill needs a push via support from people like us and all lawmakers needs to be encouraged and urged to help us. There are indications that there will be lot of activity on immigration issues in both House and Senate after the Memorial day. We need to make those activities go in our favor and not die like the CIR bill in 2006 & 2007. Thus it is important to starting calling lawmakers, starting from the Senate members. In order to capitalize on this opportunity, it is very important that everyone calls every lawmaker of this country. The similar next opportunity will be in 2013. We can participate now or we will all have ourselves to blame.
When:
This campaign starts today at 4:00 PM EST on 29th April, 2010) (Today) and will run until the end of next week. All IV members are encouraged to make multiple phone calls whenever they find some time during the day.
Who:
This is the order in which we would prefer that members call. Call all the senators listed here, even if they are not from your state.
This is the list of offices where there is maximum potential to swing votes either because they are new in the US senate or because they may be reconsidering their position on CIR if the bill has stricter provisions in it.
TIER I: LIST OF KEY SENATORS FOR CIR
Senator Scott Brown (R-Massachusetts)
(202) 224-4543
Senator Judd Gregg (R-New Hampshire)
(202) 224-3324
Senator Richard Lugar (R-Indiana)
(202) 224-4814
Senator Michael Enzi (R-Wyoming)
(202) 224-3424
Senator Lindsey Graham (R-South Carolina)
(202) 224-5972
Senator John Ensign (R-Nevada)
(202) 224-6244
Senator Orin Hatch (R-Utah)
(202) 224-5251
Senator John Cornyn (R-Texas)
(202) 224-2934
Senator John Kyl (R-Texas)
(202) 224-4521
Senator Mitch Mcconnell (R-Kentuky)
(202) 224-2541
Senator Amy Klobuchar (D-Minnesota)
(202) 224-3244
Senator Claire McCaskill (D-Missouri)
(202) 224-6154
Senator Jon Tester (D-Montana)
(202) 224-2644
Senator Jim Webb (D-Virginia)
(202) 224-4024
Senator Sheldon Whitehouse (D-Rhode Island)
(202) 224-2921
What you could say to the Senator offices listed above:
When you call:
Be courteous. Tell the lawmaker office that:
--------------------------------------------
I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform proposal released a few days back.
I am calling to express my support for the high skilled provisions to resolve the current green card backlogs of the doctors, engineers, research scientist and professors etc. This group of highly skilled immigrants stimulates every part of the economy participating in creating economic prosperity, innovation and entrepreneurship for creating more jobs in America.
I strongly urge the Senator to please support this proposal. If it is possible, could you please share the position of the Senator on the recently released (last week) Comprehensive Immigration Reform proposal?
Thank you and I am counting on the Senator’s support for this very important issue of national importance. Please convey regards to the Senator.
--------------------------------------------
If you belong to the constituency (State) of the lawmaker, then tell them that you belong to their district/state and are calling to seek their help. If you are talking to a Senator office then tell them you are anxiously waiting for a Senators support for the immigration bill.
Then ask: What is the lawmaker’s position on immigration proposal? If the position is
- Supportive: Then thank the lawmaker office for it.
- If they oppose it: Then request them to support the high skilled green card provisions of the bill that will greatly help you. You sincerely hope that the lawmaker will reconsider his/her position and help you.
Be polite and persuasive in your message.
Question What if some Senators say they do not support amnesty. -
Answer "For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
TIER II: LIST OF KEY SENATORS SPONSORING OR CO-SPONSORING CIR BILL
Senate Majority Leader Harry Reid (Nevada)
(202) 224-3542
Senator Dick Durbin (Illinois)
(202) 224-2152
Senator Chuck Schumer (New York)
(202) 224-6542
Senator Patrick Leahy (Vermont)
(202) 224-4242
Senator Dianne Feinstein (California)
(202) 224-3841
Senator Bob Menendez (New Jersey)
(202) 224-4744
Sen. Ben Cardin (Maryland)
(202) 224-4524
What:
When you call:
Be courteous. Tell the lawmaker office that:
--------------------------------------------
I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform proposal due to be introduced later in the day today.
Thank you for the Senator’s leadership on this very important issue of immigration. Please convey my gratitude, full support and regards to the Senator.
--------------------------------------------
Be polite and persuasive in your message.
Stick to the message and you will really make a big difference.
Please post the outcome of your call on this thread. For more information please contact IV.
Thank You,
Immigration Voice
more...
makeup facebook logo small png.
RajForGC
06-10 09:25 PM
We filed EB2 (Rest of the World) 140/485 on May 18th and 140 already got approved on May 24, 485 is still pending. I also have Eb3 Labor and 140 approved (Dec 2005) and we transfer Priority Date of old EB3 case Sep 2005 of EB3 to EB2. So my question is if this Bill becomes a law then what will happen to my case?
girlfriend Facebook+logo+small+png
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
hairstyles Jaime#39;s Facebook
Saiom19
08-10 05:56 PM
eb3_nepa - I somewhere read in ur posts that u already received the reciept ..or atleast ur cheque got encashed........u posted something on those lines in one of ur posts.
axp817
11-26 10:21 AM
Sharing what I read on IV - some members reported their 140 status reverted to 'pending' along with a recent LUD when their ex-employer revoked already approved 140. In your case, status is not changed. Keep an eye on status. Hopefully, CIS will not do another wrongful denial, crossing my fingers. Best Luck bro!
Thank you, I'll keep everyone posted if anything changes.
I called USCIS customer service to ask for the attorney name on file and they said that they didn't have access to that information and I would have to get an Infopass appointment for that. Given the crap that ChanduV had to deal with (for changing jobs on AC21) during his infopass appointment, it is probably best I just wait to ask that question until my second biometric appointment is due in a few months.
Thanks,
Thank you, I'll keep everyone posted if anything changes.
I called USCIS customer service to ask for the attorney name on file and they said that they didn't have access to that information and I would have to get an Infopass appointment for that. Given the crap that ChanduV had to deal with (for changing jobs on AC21) during his infopass appointment, it is probably best I just wait to ask that question until my second biometric appointment is due in a few months.
Thanks,
Alien
03-12 10:31 PM
Its not a rumor. This is real. Coming to think abt it, he had filed a labor in 2000/2001 time period and had abandoned it when he switched companies. I am wondering if USCIS takes the oldest one an applicant had ever filed.
