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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Openarms
12-17 11:52 AM
I think most of the members in this forum updated their data, at least from EB3 India I am sure. If you guys can pull data according to PD from administration console, you should be able get some valuable data to show. I wondered why this has not been done so far??? million dollar question???
abhisam
07-20 08:11 PM
Just wanted to know your thoughts on this. CNN has launched the first ever cnn-youtube debate and the deadline to submit videos is 7/22.. Users have to basically upload their questions on youtube and some of these questions will be selected and democratic presidential candidates will have to answer these questions.
I know its kinda late, but why not upload videos on youtube asking questions about legal immigration to the candidates? i think it will be a great way of bringing out our problems further in the mainstream... if you think this is a good idea, we may have to act on it fast... we dont have much time.
I know its kinda late, but why not upload videos on youtube asking questions about legal immigration to the candidates? i think it will be a great way of bringing out our problems further in the mainstream... if you think this is a good idea, we may have to act on it fast... we dont have much time.
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priti8888
06-24 04:13 PM
Think about this
Only EB India /China /mexico/Philipines(ICMP) suffers the most for their GC's
EB ROW do not worry about GC process as much as ICMP. Their wait is not more then 2-3 years.
Its wrong to generalize that since ICMP's suffer , all other EB's suffer.
Its totally baseless to generalize that since ICMP's dont invest , go back to home countries due to GC , everybody does.
US does not gain from intelligent Indians only. There are PhD's and smart ppl from other countries as well.
Only EB India /China /mexico/Philipines(ICMP) suffers the most for their GC's
EB ROW do not worry about GC process as much as ICMP. Their wait is not more then 2-3 years.
Its wrong to generalize that since ICMP's suffer , all other EB's suffer.
Its totally baseless to generalize that since ICMP's dont invest , go back to home countries due to GC , everybody does.
US does not gain from intelligent Indians only. There are PhD's and smart ppl from other countries as well.
more...
gcisadawg
03-04 12:16 PM
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
sprash
02-25 05:00 PM
I think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file I-1485.
Thank's
MDix
Yes and then they should process in LIFO order so people like you can get their GCs :p :rolleyes:
Thank's
MDix
Yes and then they should process in LIFO order so people like you can get their GCs :p :rolleyes:
more...
ItIsNotFunny
03-04 06:27 PM
Sorry for being ignorant. How can we determine LUD (last update date) and what is meant my soft LUD ?
You can check status of your case on line:
https://egov.uscis.gov/cris/jsps/index.jsp
It will show you "Last Updated Date". Soft LUD means status of case is not changed but they updated LUD, virtually means they touched your file.
You can check status of your case on line:
https://egov.uscis.gov/cris/jsps/index.jsp
It will show you "Last Updated Date". Soft LUD means status of case is not changed but they updated LUD, virtually means they touched your file.
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donsimahajan
06-20 05:58 PM
You guys should update the tracker as you get your approvals, remember.
http://www.trackins.com/immigrationtrackers/philadelphia-backlog-tracker/
http://www.trackins.com/immigrationtrackers/philadelphia-backlog-tracker/
more...
chanduv23
06-05 10:51 AM
I will update our numbers tonight
Just reinstated my $50 monthly recurring contributions back :)
Just reinstated my $50 monthly recurring contributions back :)
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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...
map_boiler
07-06 12:01 AM
duplicate thread...admin please merge this with "News Article Thread -3"
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skv
06-20 01:13 PM
Mine was filed in Feb 07. My lawyer has opened an inquiry and its pending too
I feel sorry for you, it shouldn't take that long. I don't know what the hell it's going on at Atlanta PERM center.
If we miss the boat this time, it's going to be tough.
I feel sorry for you, it shouldn't take that long. I don't know what the hell it's going on at Atlanta PERM center.
If we miss the boat this time, it's going to be tough.
more...
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Junky
09-10 09:53 AM
:D:D:D:D:D
Looks like last night's particle accelerator experiement sent us back in time!:D
Looks like last night's particle accelerator experiement sent us back in time!:D
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ashutrip
06-20 01:28 PM
Refer this.
http://immigrationvoice.org/forum/showthread.php?t=2567
anybody here who got his labor certified from Atlanta off late
http://immigrationvoice.org/forum/showthread.php?t=2567
anybody here who got his labor certified from Atlanta off late
more...
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thomachan72
12-15 01:00 PM
Dear Friends,
What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.
please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.
MC
Excellent idea Michael Chertoff but let us wait till the nest summer:D:D
What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.
please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.
MC
Excellent idea Michael Chertoff but let us wait till the nest summer:D:D
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NH123
12-10 09:39 PM
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don�t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
more...
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skv
08-12 05:35 PM
I meant :
We have to take some risk, if we want some progress on our I-140 cases. :-)
Good night folks!
We have to take some risk, if we want some progress on our I-140 cases. :-)
Good night folks!
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pappu
09-13 06:08 PM
Is there any media organization left to be notified? :)
contact all major TV channels and newspapers.... (phone /email)
contact all major TV channels and newspapers.... (phone /email)
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gc_bulgaria
01-05 11:33 PM
Yes, it is fair, this fairness has come after many centuries of oppression, in fact this fairness was long overdue.
Now if we want to disagree with each other we can do it by sending private messages instead of indulging in mudslinging and degrading India even more.
�I can tell you for a fact that Universities in America are much better than those in India. This is why I came here �.� Now whom are you trying to fool?.. You came here because with your IQ you could not get into top universities in India. �I went to an average university here which I could afford� .You are telling us that you could not afford education in India but you could here?...
Couldn't agree more - especially about paying for ANY college here vs. in India.
Now if we want to disagree with each other we can do it by sending private messages instead of indulging in mudslinging and degrading India even more.
�I can tell you for a fact that Universities in America are much better than those in India. This is why I came here �.� Now whom are you trying to fool?.. You came here because with your IQ you could not get into top universities in India. �I went to an average university here which I could afford� .You are telling us that you could not afford education in India but you could here?...
Couldn't agree more - especially about paying for ANY college here vs. in India.
lonedesi
08-05 11:18 AM
LoneDesi:
What changes are needed when sending a letter from an EB3-I point of view?
The processing dates you have mentioned correspond only to EB2.
Thanks.
Just EB2 to EB3 and mention that processing of I-140's has nothing to do with the category you are in. Only at I-485 stage the category is important to obtain a immigrant visa from DOS. So make appropriate changes and feel free to modify the letter to suit your situation.
What changes are needed when sending a letter from an EB3-I point of view?
The processing dates you have mentioned correspond only to EB2.
Thanks.
Just EB2 to EB3 and mention that processing of I-140's has nothing to do with the category you are in. Only at I-485 stage the category is important to obtain a immigrant visa from DOS. So make appropriate changes and feel free to modify the letter to suit your situation.
EndlessWait
07-06 02:05 PM
My man,
Thats why you dont want this rumor to come true... ask your lawyer to sent it ASAP..
dude..i'm a straight guy..go find some other man....
and as much as i would like this rumour to come true (will create another lawsuit from 80% people who haven't filed).. i still wont give in...
finally..even if the lawsuit is filed..it would take years to settle by that time i hope and pray everyone gets to file..
Thats why you dont want this rumor to come true... ask your lawyer to sent it ASAP..
dude..i'm a straight guy..go find some other man....
and as much as i would like this rumour to come true (will create another lawsuit from 80% people who haven't filed).. i still wont give in...
finally..even if the lawsuit is filed..it would take years to settle by that time i hope and pray everyone gets to file..
