vinzak
12-10 04:09 PM
Source:
Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
Does this mean that spill over is not "quarterly" as we've been discussing, but rather at the discretion of DOS as to when they will spill over?
While the added text as explanation in the bulletin is appreciated, it really doesn't clarify anything for me, so somebody please explain!!!
Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
Does this mean that spill over is not "quarterly" as we've been discussing, but rather at the discretion of DOS as to when they will spill over?
While the added text as explanation in the bulletin is appreciated, it really doesn't clarify anything for me, so somebody please explain!!!
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sri1309
08-17 08:18 AM
We need support from Core members in pushing EB3. We dont see much activitiy on this front..
GCwaitforever
05-02 09:37 AM
The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:
20 C.F.R. � 422.104(a)(3)
(i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;
http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm
The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�
Good job Admin2.
Folks with ITINs,
Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.
20 C.F.R. � 422.104(a)(3)
(i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;
http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm
The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�
Good job Admin2.
Folks with ITINs,
Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.
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hourglass
03-06 12:07 PM
could someone take the initiative of organizing conference calls.
Hi pappu (admn)
i work for an indian media/newspaper here in southern california, and trying to get an interview done for IV, which can be published subsequently, basically aiming our cause and goals and achievements and to create more awareness/publicity campaign about GC logjam.
Can you write me your contact number and suitable time for this, it will be a telephonic interview.
best
Hi pappu (admn)
i work for an indian media/newspaper here in southern california, and trying to get an interview done for IV, which can be published subsequently, basically aiming our cause and goals and achievements and to create more awareness/publicity campaign about GC logjam.
Can you write me your contact number and suitable time for this, it will be a telephonic interview.
best
more...
javaconsultant
10-11 04:33 PM
vparam...
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
indio0617
03-15 09:24 AM
The link you have sent has listed Dirksen 224 as the venue on the top left, while in the middle it does say
The Executive Business Meeting scheduled by the Committee on the Judiciary, for Wednesday, March 15, 2006 at 9:00 a.m., will take place in Dirksen Room 226.
There is no audio link for rroom 224 on capitolhearings.org....does anyone have any idea on where else can we can the audio from?
Same here. Just joined.. No audio yet. Looks like it has not begun yet...
The Executive Business Meeting scheduled by the Committee on the Judiciary, for Wednesday, March 15, 2006 at 9:00 a.m., will take place in Dirksen Room 226.
There is no audio link for rroom 224 on capitolhearings.org....does anyone have any idea on where else can we can the audio from?
Same here. Just joined.. No audio yet. Looks like it has not begun yet...
more...
bkarnik
04-26 10:15 AM
You stated dual intent immigrants. In letter and spirit.
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Learning01:
The intent issue is generally looked at during visa issuance, HOWEVER, please see the link from shusterman or better yet look at the USCIS link (it can't be better than this). The Consular officers never ask you your intent when you are applying for a H1/L1 visa. The intent issue is applicable only when you are applying for a F1/B1/B2 visa.... In the future, before posting anything, a little research please:)
As for the other issue, I am surprised at the vehemence...why would in not make more sense to get the money that you paid in addition to what the employer matched back when you decide to leave (or are forced to leave)? That way the US gets to use the money till you are here, but you get double the money if you leave. I would also agree with mrajatish...instead of blaming the US for everything, for once lets try to change the way our government works.
http://www.shusterman.com/di-vsa.html
http://www.uscis.gov/graphics/howdoi/h1b.htm
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Learning01:
The intent issue is generally looked at during visa issuance, HOWEVER, please see the link from shusterman or better yet look at the USCIS link (it can't be better than this). The Consular officers never ask you your intent when you are applying for a H1/L1 visa. The intent issue is applicable only when you are applying for a F1/B1/B2 visa.... In the future, before posting anything, a little research please:)
As for the other issue, I am surprised at the vehemence...why would in not make more sense to get the money that you paid in addition to what the employer matched back when you decide to leave (or are forced to leave)? That way the US gets to use the money till you are here, but you get double the money if you leave. I would also agree with mrajatish...instead of blaming the US for everything, for once lets try to change the way our government works.
http://www.shusterman.com/di-vsa.html
http://www.uscis.gov/graphics/howdoi/h1b.htm
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eight_8
07-14 03:24 PM
Done
Amount:$10
BOA Bill Pay Reference-7YB8H-0HG83
Amount:$10
BOA Bill Pay Reference-7YB8H-0HG83
more...
krishjack
03-26 07:38 PM
PD Sept 2003
45 days letter received/replied on March/23/2006
RIR EB3, filed in MD. Now in Philladelphia BEC
45 days letter received/replied on March/23/2006
RIR EB3, filed in MD. Now in Philladelphia BEC
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reddog
03-12 10:50 AM
Looks like it only tracks people who donated for FOIA
No, it does not even do that. it does not let FOIA donors logon too.
First, the whole concept of donor based organisation is so stupid.
I mean really stupid.
If the donor based thing is ON, the future of IV is not good.
Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.
but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.
Instead of making donor based posts, have a FOIA kinda drive every now and then.
unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
talk about low life bureaucracy, welcome to IV.
No, it does not even do that. it does not let FOIA donors logon too.
First, the whole concept of donor based organisation is so stupid.
I mean really stupid.
If the donor based thing is ON, the future of IV is not good.
Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.
but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.
Instead of making donor based posts, have a FOIA kinda drive every now and then.
unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
talk about low life bureaucracy, welcome to IV.
more...
ychousa
07-19 12:00 PM
I checked CIS procedure in the following site: http://www.imminfo.com/resources/cissop.html
According to the procedures, until they enter data into their central sytem, it seems it's pretty tough to say that they intervene somewhere and sort out by PD. Section 6: Workload Distribution might be the key to answer our questions, but the section is missing.
So they enter the applications in the order they're received, and each application is given an "RD." The "RD" indeed plays a role in the adjudication: https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I wish I got an answer from someone in CIS.
According to the procedures, until they enter data into their central sytem, it seems it's pretty tough to say that they intervene somewhere and sort out by PD. Section 6: Workload Distribution might be the key to answer our questions, but the section is missing.
So they enter the applications in the order they're received, and each application is given an "RD." The "RD" indeed plays a role in the adjudication: https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I wish I got an answer from someone in CIS.
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nivasch
03-09 10:43 AM
indio0617,
U really give us min.. to min.. update, Thank you so much
Nivas
U really give us min.. to min.. update, Thank you so much
Nivas
more...
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eb3_nepa
07-14 02:13 PM
I am trying to pay thru PNC Bank. When trying to add IV, there are 2 options. One is With number and the second Without number.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
I think it would be without a number. Now that depends on which number? If they need an account number then, yes no account number OR you could use your IV handle as the account number. Different banks have different methods of BILL PAY.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
I think it would be without a number. Now that depends on which number? If they need an account number then, yes no account number OR you could use your IV handle as the account number. Different banks have different methods of BILL PAY.
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singhsa3
09-12 11:29 AM
We won't know if it effective unless we execute it, which is the biggest issue with us "the execution".
So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.
Well - what I say is - there is an issue and we have to fix it. But do you think such a tangential effort work?
It is also known/unknown that USCIS simply does not have a system in place to locate files with old PDs - constant changes to system may have resulted in poor record keeping. I do agree that this issue has to be brought to limelight.
I personally feel that any effort must be effective and not a half hearted effort - what I am trying to say is opening a thread and running 10 pages of messages and doing nothing? Does that work for us? Can that be effective?
So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.
Well - what I say is - there is an issue and we have to fix it. But do you think such a tangential effort work?
It is also known/unknown that USCIS simply does not have a system in place to locate files with old PDs - constant changes to system may have resulted in poor record keeping. I do agree that this issue has to be brought to limelight.
I personally feel that any effort must be effective and not a half hearted effort - what I am trying to say is opening a thread and running 10 pages of messages and doing nothing? Does that work for us? Can that be effective?
more...
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garybanz
12-26 05:28 PM
Hi
I'm wondering how many are still awaiting advanced parole? I am travelling in a months time, and do intend to go for H1 stamping but at the same time expecting my AP to come through before I leave. Whats up with this delay? Anyone else in the same situation? Please respond.
Filed AP on Aug 13th, havent got it yet.
I'm wondering how many are still awaiting advanced parole? I am travelling in a months time, and do intend to go for H1 stamping but at the same time expecting my AP to come through before I leave. Whats up with this delay? Anyone else in the same situation? Please respond.
Filed AP on Aug 13th, havent got it yet.
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kalyan
03-18 10:22 AM
Dont worry about 1200$ cheque. It is also a big amount.
We pay money for lot of things like GC , H1B visa , more than 75% pay money for getting sponsorship and to run the payroll.
We are not only screwed by the US government, but by our Desi Employers, inbetween rats who are the middleman.
Look for GC and try to work on 1099 which is the best deal.
We need to expedite our views for Jobs and GC. We are fighting for 1200$ of cheque's when there'nt more jobs to keep our status legal and our GC is costing us more like the Medical Insurance.
Getup and think what are our priorities.
We pay money for lot of things like GC , H1B visa , more than 75% pay money for getting sponsorship and to run the payroll.
We are not only screwed by the US government, but by our Desi Employers, inbetween rats who are the middleman.
Look for GC and try to work on 1099 which is the best deal.
We need to expedite our views for Jobs and GC. We are fighting for 1200$ of cheque's when there'nt more jobs to keep our status legal and our GC is costing us more like the Medical Insurance.
Getup and think what are our priorities.
more...
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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,
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trueguy
03-03 12:01 PM
I don't think EB3-I would be U for more than a month, as I keep saying this year EB3 would be getting some share of spill-over. So even if it becomes U for April that would be temporarily and it would return back in May.
Thank's
MDix
MDix,
What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.
I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.
Thanks.
Thank's
MDix
MDix,
What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.
I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.
Thanks.
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inspectorfox
09-14 06:45 AM
I don't agree with your opinion on blocking anyone from interfiling. You have a choice to file in any EB category. Share the reason why you filed EB3 instead of EB1? Grow some balls you efin crybaby!
ckichannagari
07-15 11:24 AM
Just mailed cheque for $20
vandanaverdia
09-09 02:43 PM
Signed up for volunteering too.
Waiting for details.
Looking forward to being part of history!!!!
Waiting for details.
Looking forward to being part of history!!!!
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