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  • Libra
    09-11 11:37 AM
    thank you ramprabhum.




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  • msp1976
    02-27 10:10 AM
    ..
    we have to convince the PBEC working folks that it is in their interest ..to finish by Sept end...
    I am thinking about fax them a letter like this.......

    PBEC center has not performed well enough until now...This year some form of immigration reform would be passed..When that passes, there would be a lot of work in terms of immigration processing/legalization..If the PBEC/Exceed does not shape up and complete by September...We would urge the congress not to give Exceed corporation any further federal contracts..


    Only thing is my application is stuck in there and I donot want to put my name there because every dog/bitch has nuisance value...




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  • ItIsNotFunny
    10-21 11:06 AM
    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

    Guys,

    This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).

    We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.

    I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.

    One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!

    I sent my emails (actually twice ;)).




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  • DreamGC
    07-15 07:38 PM
    Just sent my high five via billpay

    EB3-I (Jan-2007)



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  • apb
    09-12 05:18 PM
    Bumping




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  • vin13
    03-12 12:43 PM
    Yes...this how we need to work. Why you dont support the donor idea. We dont need the free riders. We need only comitted people and not junks

    I support the donor idea. But there is no transperency to who is leading what initative. If i want to contribute my time, i have to read through the posts every day for several hours to find who is leading the effort so i can discuss with them. Sometimes i feel there is so much more talk.

    Why don't we list out the initiatives that is being considered or worked on. Along with some contact information so people can discuss offline with them. I cannot be online for several hours and read through all the discussions and still not find out who is coordinating the efforts.



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  • ind_game
    05-20 12:15 PM
    Thanks a lot for all the members who have shared their knowledge and insight into this issue.
    Also, my special thanks to chanduv23 with whom I have been in touch through out the process with congressional office.




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  • diptam
    09-01 01:10 PM
    Landed in Feb 2000 ....

    1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.

    2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.

    3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)

    Why don't you create a poll for this?. That will be easier.



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  • gc_chahiye
    09-28 06:49 PM
    Oh Law Firm Update :

    09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007

    Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.

    wow. just wow. I dont know what to say. These guys NEVER learn.

    huge retrogression, massive backlogs, lives on hold for years, all for this precious resource called a visa number, and they waste them again this year!

    Even after ombudsman took them to task in his report.

    Even after all the publicity of this issue.

    Lawmakers dont allow recapture and USCIS keeps wasting them year after year.

    This is sickening...




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  • Mayday
    05-09 08:11 PM
    actually I am pretty sure they are misinterpreting some more general requirement, like you have to be PRESENT in the USA for at least 6 months and being allowed to be present for more than a year, to apply for DL. Since for the first 12 months you can use a foreign DL.

    do not trust clerks that sit at the entrance; they proved to know almost nothing about visa, I-94 and etc. If some rules seem absurd, go for manager right away and do not waste time on low-level clerks. Let them do their routine work - US citizens address changes and school-children DLs.

    I have to go through them every time I need to change the address and/or get DL. Every time it ends up with a manager, and every time manager calls some other department and it ends up with issuing DL. So simply be persistent. If manager refuses - request written decline with law quote that they used to decline your application. Read this law and appeal based on what is said there.



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  • markandeyan
    07-25 05:19 PM
    Contributed $100 thru PayPal(Transaction ID: 3X3138428V341142D)




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  • amitjoey
    05-13 09:45 AM
    2 more days. Please call. those who have not please help.



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  • axp817
    12-02 03:15 PM
    So I had another set of soft LUDs on my approved 140, 485, approved EAD and approved AP today. This was the 4th LUD on my 485 and the 3rd LUD on the rest of the applications in the past week, and I was losing my mind worrying about receiving a denial or an RFE just before my trip abroad, leaving me with not enough time to respond to the RFE.

    So I decided to call Customer Service, and after trying a million options on the voice prompt I finally managed to reach the Nebraska Service Center.

    Upon inquiring about the LUDs with no status change, I was told that it was triggered due to the attorney name change and address change. My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address. But anyway, the lady on the phone was kind enough to change it to the new address. I didn't bother asking her if they had received the AC21 letter, I wasn't going to take the risk of having to argue with someone on the phone that switching employers is allowed under the AC21 law, etc. I was just happy to find out that the G28N had processed successfully and that I didn't have to expect a denial or RFE at least in the near future.

    Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.

    Thanks,




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  • ramaonline
    06-01 04:02 PM
    In such cases you need not worry - as the law only kicks in sometime in oct 08 - again the language is not certain until the time the president signs it - More changes are possible in the house if the senate passes it - The conference committee may again change the text



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  • sparklinks
    08-10 12:58 PM
    no receipts for me too :( r Williams 7:55am 07/02

    i m going go drinking to drown my sorrows soon.

    R Williams 7:55am 07/02, NO receipt either...:confused:




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  • Jimi_Hendrix
    11-08 07:06 PM
    Sorry for posting everything onto the forum. I had to do this after several attempts to post the zipped file did not work out.

    Anyways I just wanted to post this list so that we have an idea about who are the newly elected Reps in CA. This will help us if we decide to meet some of them in future.



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  • singam
    09-10 05:17 PM
    $100, Google Order #360858396298535




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  • dan19
    04-12 09:24 AM
    avis....

    contact them immediately. they had issued a notice sometime back about the 45 day letter. if you haven't received it, your case might be lost. so call them ASAP

    My PD is Dec 2002. Still waiting for the 45 day letter.
    Dallas Backlog Center




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  • GCard_Dream
    07-19 02:50 PM
    Confirmation Number: 1RS188876V717273E

    Made another $100 contribution today. I hope that all members now realize that IV is doing a great job of addressing our issues and finally coming up with some results. This is just the beginning and the member contribution will determine how much more IV can accomplish. If we all don't join forces and contribute one way or the other, 8 or 10 core members alone can't do much.

    Membership and their contribution is the real strength of core team and if either one of those dries up, IV will no longer exist and all EB folks will once again become the step child of immigration process and no one will care about us. We have a voice now through IV, people know that we exist and realize the legal immigration process is badly broken and needs repair. Government and politicians have taken notice and agree that there is a problem with legal immigration. This is very significant. If we would like to continue this fight, contribution is a must.

    For those who are still hesitating to contribute, there is always that F5 (refresh) key which you can keep pressing and hope that some how pressing that F5 key enough times will result in some relief. You folks have more faith on that F5 key than IV and I wish you good luck with your green card process. Once you do get your green card, please let us know how many times did you have to press that key to get a green card. That will set the bar for the future generation of EB applicants.




    Jaime
    09-12 04:37 PM
    Bump




    GooblyWoobly
    03-18 03:16 AM
    The upper limit should be on a per state basis, at the very least. 150K AGI in CA is not much of a deal. Pretty much all double income families will cross that limit, and quite a few single income ones. Bummer!!:mad:

    BTW, you can barely afford a Condo or a low end home in Bay Area for 150k AGI.

    Not surprising. People who earn $75K (single) or $150K (as a couple) are not the ones who drastically change their lifestyles because of recession or high gas prices. In fact these people are anyways earning much above the national average. It's the low/middle-income folks that bear the brunt of high inflation and soaring gas prices...they are the ones being goaded into spending.

    Anyways, think twice before you spend the rebate foolishly. Why not send it to IV, contribute to an IRA or fund your kid's 529 plan?

    Thanks,
    Jayant



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