ska_iit
09-12 12:52 PM
Hi IV members,
Thanks for all the work and effort put into making the life of many simple.
Just made a small contribution from my side
Details
$100 from paypal Receipt ID: 0140-0216-9540-2146
Thanks
-Ska
Thanks for all the work and effort put into making the life of many simple.
Just made a small contribution from my side
Details
$100 from paypal Receipt ID: 0140-0216-9540-2146
Thanks
-Ska
wallpaper ocean wave Wallpaper
arc
07-15 07:48 PM
10$ - Good work guys BABY STEPS...:)
....IV EB3 NEEDS HELP....
....IV EB3 NEEDS HELP....
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 If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be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
2011 ocean wave wallpaper.
snathan
08-12 12:20 PM
I agree to gc28262. Back in 90s when outsourcing started, major Indian IT companies used to have a 50-50 onsite/offshoe component (for large clients/projects). This has now come down to 10-90 onsite/offshore because clients are getting the same level of service.
For example, it was once believed that DBAs must be located at client site. Now, we often see DBA support provided from India.
This causes too much load on the onsite person but who cares as long as there is a steady supply. The bill will simply change the model to 5-95 . Out of these 5 positions cut-down , 4 might be H1 but at least 1 is a citizen/LPR whose job will be eliminated. Along with that will go the number of services these 4 H1s were using in US and the amount they were contributing to US economy.
USCs who think this bill will create more jobs for Americans are living in a fools world.
I second this...they are thinking even the global warming is because of immigrants - H1B
For example, it was once believed that DBAs must be located at client site. Now, we often see DBA support provided from India.
This causes too much load on the onsite person but who cares as long as there is a steady supply. The bill will simply change the model to 5-95 . Out of these 5 positions cut-down , 4 might be H1 but at least 1 is a citizen/LPR whose job will be eliminated. Along with that will go the number of services these 4 H1s were using in US and the amount they were contributing to US economy.
USCs who think this bill will create more jobs for Americans are living in a fools world.
I second this...they are thinking even the global warming is because of immigrants - H1B
more...
mariner5555
05-01 03:45 PM
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
did he say anything about EB3 ? if u know ..can u share ?
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
did he say anything about EB3 ? if u know ..can u share ?
hpandey
06-12 04:23 PM
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
What if someone doesn't drive at all !! Does that mean they won't get an H1b visa or extension. It is simply not true I think.
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
What if someone doesn't drive at all !! Does that mean they won't get an H1b visa or extension. It is simply not true I think.
more...
vegasbaby
02-25 11:07 AM
Guys/Gals,
Put your hand on your heart and say ALLL IZZZZ WELLLL!!!!!!!
Put your hand on your heart and say ALLL IZZZZ WELLLL!!!!!!!
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skd
04-14 12:58 AM
Had anybody have to send Driving License for filing extention of h1b?
more...
srini1976
07-20 04:39 PM
Is there a way to bring up this Bill again without the H1B part. My guess the H1B part killed it!:mad:
Lets try our best by supporting IV!
Lets try our best by supporting IV!
hair Ocean waves desktop wallpaper,
pd052009
08-13 08:06 AM
Does any one know about any fee increase for H1B(Extn) premium processing because of border security bill? I have seen the below in immigration-law site.
------------------
The new filing fees will be a huge amount, especially when they decide to file a premium processing request.
-------------------
------------------
The new filing fees will be a huge amount, especially when they decide to file a premium processing request.
-------------------
more...
glus
07-05 12:48 PM
I Just Faxed Dc Offices Of The Following Senators With My Personal Letter:
Clinton Fax: 202-228-0282
Cantwell Fax: 202-228-0514
Schumer Fax: 202-228-3027
Kennedy Fax: 202-224-2417
Cornyn Fax: 202-228-2856
Clinton Fax: 202-228-0282
Cantwell Fax: 202-228-0514
Schumer Fax: 202-228-3027
Kennedy Fax: 202-224-2417
Cornyn Fax: 202-228-2856
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lonedesi
08-05 12:17 PM
^^^^^
more...
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vjkypally
07-19 10:02 AM
Can I start a new thread? If so how?
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ameryki
01-05 06:25 PM
I talked to my lawyer and she says I can travel without AP as long as H visa is stamped. I just found Press Release on same topic from USCIS. Here is the link
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped
more...
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imv116
07-15 09:08 PM
We can request participation from other ethnic organizations, but that would be minimal unless they are victims of July VB bulletin.
If the cause was overall legal immigration, certainly we can request/demand such participation.
-imv116
If the cause was overall legal immigration, certainly we can request/demand such participation.
-imv116
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gcdreamer05
07-15 05:56 PM
You guys are really great, a small contribution from me.
Immigration Voice $ 10.00 07/22/08 7YFR5-32TB5 (BOA Bill pay)
Go IV Go !!!! :D
Immigration Voice $ 10.00 07/22/08 7YFR5-32TB5 (BOA Bill pay)
Go IV Go !!!! :D
more...
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Humhongekamyab
03-03 01:47 PM
Actually you and I are "somebody" too!
Good one.
Good one.
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knnmbd
04-25 02:42 PM
Learning01,
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
All these are good for chit chat any way. If we had the clout to implement laws that were based on figments of our imaginations, we probably would not be in line for a green card. Nothing wrong with ideas, except the potential for implementation of the amendment needs to go through IV core team and then sent across to any senators or the USCIS. We don�t want to look foolish be ridiculed for visionary ideas that will not see the light of the day.
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
All these are good for chit chat any way. If we had the clout to implement laws that were based on figments of our imaginations, we probably would not be in line for a green card. Nothing wrong with ideas, except the potential for implementation of the amendment needs to go through IV core team and then sent across to any senators or the USCIS. We don�t want to look foolish be ridiculed for visionary ideas that will not see the light of the day.
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texcan
09-10 10:24 PM
$200 contributed towards the rally!
Google order #871308376702563
GC2015,
thanks for contribution.
generous contribution like this will go a long way for
good cause.
Not that it matters btw frinds, but i had to add repo points for you. Glad to see it turned
green for you.
Thanks
Google order #871308376702563
GC2015,
thanks for contribution.
generous contribution like this will go a long way for
good cause.
Not that it matters btw frinds, but i had to add repo points for you. Glad to see it turned
green for you.
Thanks
raminmd
09-10 03:31 PM
Just contributed $100 via paypal
Confirmation Number: 9K945531SX406693L.
Confirmation Number: 9K945531SX406693L.
eb3_nepa
07-11 10:50 AM
Not to put any dampers here, but this is extremely frustrating for the EB3 India folks. I mean how freakin long do WE have to wait before we get our turn!
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