Ann Ruben
05-14 04:38 PM
There is no official process or filing fee. Attorneys generally represent both the employer and the employee. Because revoking the petition could harm the employee, a conflict of interest arises. Accordingly, most immigration attorneys would not want to be involved in assisting in the revocation of petitions.
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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 If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be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
Libra
09-10 08:36 PM
thank you 1 for contribution.
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nixstor
03-07 09:51 PM
Labor approved when I checked the website this afternoon. was in process last week too.
Oct 04, VA EB2 RIR
Oct 04, VA EB2 RIR
more...
srini1976
07-11 09:44 AM
Congrats to all the IV EB2 members who will benefit from the Aug Visa Bulletin. I am so happy for them.
Will it move beyond June 2006 for EB2 India in September 2008 Bulletin?
Will it move beyond June 2006 for EB2 India in September 2008 Bulletin?
Mouns
04-30 04:57 PM
look here at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
Let me help you here: the USCIS receive 2.5 million applications in july and august 2007 ('The surge'). For most of the ones who applied, I don't think we will see the dates move much in the near future... But I don't know so, keep the faith. Miracles are still possible
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
Let me help you here: the USCIS receive 2.5 million applications in july and august 2007 ('The surge'). For most of the ones who applied, I don't think we will see the dates move much in the near future... But I don't know so, keep the faith. Miracles are still possible
more...
kartikiran
08-23 08:34 AM
So does this mean:
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2
If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2
If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
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gctoget
07-13 01:46 PM
Simi Valley
Hello Rajesh,
Guess how do I know your name....I am Shruthi from Rancho santa margarita,
Orange county, CA....remeber Kiran's wife??
welcome to the Socal chapter of IV..
Hello Rajesh,
Guess how do I know your name....I am Shruthi from Rancho santa margarita,
Orange county, CA....remeber Kiran's wife??
welcome to the Socal chapter of IV..
more...
inskrish
08-17 03:12 AM
Looking at the recent approvals looks like USCIS does the following:
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
For Disclaimers: on step (1), x is also a random number, and the coin used on step (4) by USCIS may sometimes have neither tail nor head..:D
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
For Disclaimers: on step (1), x is also a random number, and the coin used on step (4) by USCIS may sometimes have neither tail nor head..:D
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fruity
07-23 03:22 AM
I was also asked to resubmit ds230. my pd is dec 2005. With the VB being current now what are the probable dates for the OCt VB?
more...
desi485
11-17 05:07 PM
Update: Googling and found the murthy forums thread which I mentioned earlier.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl (atleast 2 of them) reported successfully renewed EAD, AP while appeal to 485 denial was pending.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl (atleast 2 of them) reported successfully renewed EAD, AP while appeal to 485 denial was pending.
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offohh
08-02 05:27 PM
Paisa read the Jan 2007 VB archive. hopefully you will understand what i am talking about.
more...
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chiragmodi
09-10 10:28 AM
So far contributed $200. Can not make it to the rally because of prior commitments.
EB3
pd: dec 2005.
lc approved: Jan 2006
I-485 filed on july 2 and fp done on 09/07.
Thanks guys for all your efforts. This is massive!!!!!!!!!!!!!!!!!
EB3
pd: dec 2005.
lc approved: Jan 2006
I-485 filed on july 2 and fp done on 09/07.
Thanks guys for all your efforts. This is massive!!!!!!!!!!!!!!!!!
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Gravitation
12-05 03:40 PM
I'm getting MBA from Babson College in MA (top25). The total cost is $60K in just tuition. My employer pays appx. half of it.
It's a huge investment of not just money but time as well. You have no life for three years.
It's very rewarding to learn so many different subjects: Economy, Marketing, Accounting, Law, Leadership, Finance, Technology management, Organizational Behavior. I reach classes tired but come out fresh. It really broadens one's thinking.
I got my B. Tech. from India. It's great to have American Classroom experience.
Great Networking.
I still have 30 years of professional life ahead of me to use knowledge/expertise gained from MBA. I wouldn't trade this experience for anything.
Due to demographic shift in US, large shortage of middle-management is expected in coming decades. MBA can provide a real leg-up in career advancement.
At the same time... I can totally see when some people just go through the motions to get their MBA and do nothing with it. Don't approach it like just a degree. If you are committed to learning new skills, using them and improving yourself just a little everyday... Go for MBA.
Also, don't expect big bucks immediately following MBA. Class knowledge , combined with some experience afterwards will actually provide super returns. Most of the studies that look at salary increment right after MBA will come up with -v e RoI.
In a nutshell, there are many factors to consider in a decision about getting an MBA degree; tuition expense is not the biggest one. If you have any desire to get MBA, don't let others dissuade you.
It's a huge investment of not just money but time as well. You have no life for three years.
It's very rewarding to learn so many different subjects: Economy, Marketing, Accounting, Law, Leadership, Finance, Technology management, Organizational Behavior. I reach classes tired but come out fresh. It really broadens one's thinking.
I got my B. Tech. from India. It's great to have American Classroom experience.
Great Networking.
I still have 30 years of professional life ahead of me to use knowledge/expertise gained from MBA. I wouldn't trade this experience for anything.
Due to demographic shift in US, large shortage of middle-management is expected in coming decades. MBA can provide a real leg-up in career advancement.
At the same time... I can totally see when some people just go through the motions to get their MBA and do nothing with it. Don't approach it like just a degree. If you are committed to learning new skills, using them and improving yourself just a little everyday... Go for MBA.
Also, don't expect big bucks immediately following MBA. Class knowledge , combined with some experience afterwards will actually provide super returns. Most of the studies that look at salary increment right after MBA will come up with -v e RoI.
In a nutshell, there are many factors to consider in a decision about getting an MBA degree; tuition expense is not the biggest one. If you have any desire to get MBA, don't let others dissuade you.
more...
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jonty_11
07-05 05:11 PM
Call your state senators, it is effective that way.
already done that
already done that
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qplearn
12-18 05:33 PM
I do not have updates�I wish I did. Like most people in these forums I am waiting for miracle to happen�.which probably will not happen.
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
what kind of a number will really have an impact? 25K?
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
what kind of a number will really have an impact? 25K?
more...
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apahilaj
04-30 06:54 PM
So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...
Is the bill going to die prematurely or is it going any where?
Is the bill going to die prematurely or is it going any where?
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Milind123
09-12 12:13 AM
This is specifically for those people who have never contributed but feel like contributing but for some reason hesitate to pull the trigger. For all such people who start a monthly contribution of $50 and promise (not to me or anyone else but themselves) to keep contributing for at least the next 6 months, I am going to make a one-time contribution of $50 for every such person. I have a modest upper limit, which I will disclose after the first 10 new contributors.
So people, Sept 18th is approaching fast and IV needs your contribution. Now is the time.
The only requirement is that the member has never contributed before and starts a $50 dollar recurring contribution. For every two new contributors I will make a $100 one-time contribution. Moderators may verify my contribution.
Note: The following was added at 9:06 EST on 09/12/2007
OR
For every $100 one time contribution by first time contributors I will match $25.00
So people, Sept 18th is approaching fast and IV needs your contribution. Now is the time.
The only requirement is that the member has never contributed before and starts a $50 dollar recurring contribution. For every two new contributors I will make a $100 one-time contribution. Moderators may verify my contribution.
Note: The following was added at 9:06 EST on 09/12/2007
OR
For every $100 one time contribution by first time contributors I will match $25.00
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carbon
07-20 03:27 PM
I thought Grassley is against skilled immigration!
He voted Yea!
He voted Yea!
anurakt
12-18 02:31 PM
I have been wanting to post this for the last few days and was happy to read this thread.........can we do something like an Immigrant's Boycott Day or something where we should do a mass boycott all over the country.....we need to coordinate this across the entire country and do a gandhi style protest.....but we need atleast maybe 1000 people per city to do it.....I am not sure how difficult it is to get that many people.....but that seems to be the only way to create an Impact.......WE HAVE TO MAKE OUR EMPLOYERS FEEL THE IMPACT OF NOT HAVING US FOREIGN WORKERS.....THAT IS THE ONLY WAY TO STOP THIS EXPLOITATION........its like when all the mexican farmers stopped working on the strawberry farms.....there were no strawberries in the market....I am in the Detroit, MI area.... we need to come up with a list of big cities where we can get 1000 people per city.
Hit them where it hurts the most.
Ok I will sound negative....but I find this funny that we are not able to make up numbers in state chapters and talking about mass boycott. Guys to make these ideas work, we need to have a strong network to execute. Members on the ground ...have we achieved this , no ...Gandhi had millions of followers to acheive what he acheived , he didn't do it alone..... are u a Gandhi even for your state ?
Hit them where it hurts the most.
Ok I will sound negative....but I find this funny that we are not able to make up numbers in state chapters and talking about mass boycott. Guys to make these ideas work, we need to have a strong network to execute. Members on the ground ...have we achieved this , no ...Gandhi had millions of followers to acheive what he acheived , he didn't do it alone..... are u a Gandhi even for your state ?
vjkypally
07-20 01:47 PM
Lets say out of 500K indians are 25%(atleast), so 125K, 1 year we get 7k visas based on country, so will it take 20 years for all July filers to get GC?????????????? We need major reform then, thats a total wait of 25 years!!!!!!!!!!!!!
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