meridiani.planum
12-11 01:00 PM
for the first time (in 5 years that I have been tracking them) the visa bulletin looks like it was "made in America". The america of old, the one that is so organized that every official form includes an estimated time on how long it takes to fill it up. The one where every street has a clear name marker, every intersection has multiple stop lights, multiple signs. Where the little cats-eyes on the road are color coded[1] Where lines form automagically when a bunch of people converge on anything. Where you can go to any .gov site and pick up whatever statistics you want on anything from agriculture, to factories, to healthcare.
This is a nation built on documentation and organization.
For the first time the visa bulletin does not look like some discarded bingo card or four monkeys getting excited on a typewriter. For the first time the numbers make sense, they explain why they are what they are. They even put our prediction threads out of business by coming out with their own set of predictions for the rest of the year.
USCIS has had data like this for eons (how many cases pending in which category and from which country). It took the usual american obsession with data and organizing data to come out with all this.
Kudos to them.
Things remain bleak, but just to see something so neatly organized and put out was heartening to me.
P.S: and no, this is not them just doing their job. Their job is to put out the dates every month (like they have been doing for atleast over a decade). To clearly spell out how many cases are pending (like their recent report), and now to predict how these dates will move, is IMO going beyond the minimum requirements of the job, and is much appreciated.
[1]: blue meaning a firehydrant, yellow as a separator of lanes in different directions, white in the same direction, red is dont enter. found the meaning of the blue one recently, and was impressed. atleast in CA this is what they are.
This is a nation built on documentation and organization.
For the first time the visa bulletin does not look like some discarded bingo card or four monkeys getting excited on a typewriter. For the first time the numbers make sense, they explain why they are what they are. They even put our prediction threads out of business by coming out with their own set of predictions for the rest of the year.
USCIS has had data like this for eons (how many cases pending in which category and from which country). It took the usual american obsession with data and organizing data to come out with all this.
Kudos to them.
Things remain bleak, but just to see something so neatly organized and put out was heartening to me.
P.S: and no, this is not them just doing their job. Their job is to put out the dates every month (like they have been doing for atleast over a decade). To clearly spell out how many cases are pending (like their recent report), and now to predict how these dates will move, is IMO going beyond the minimum requirements of the job, and is much appreciated.
[1]: blue meaning a firehydrant, yellow as a separator of lanes in different directions, white in the same direction, red is dont enter. found the meaning of the blue one recently, and was impressed. atleast in CA this is what they are.
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chanduv23
04-30 02:26 PM
It is 2.25 pm and I still can't access the webcast. It was working fine 1h ago or so...
I am not getting audio but able to see
I am not getting audio but able to see
ArunAntonio
01-03 03:33 PM
Test
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gc_chahiye
07-23 04:02 PM
this is a 2004 EB3 approval! This is the first one I am seeing from 2004. So looks like they have really cleaned the pipes here, and things should be better going forward.
The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.
Eagerly awaiting 2 USCIS stats:
1. per-country per-category EB approvals in 2007
2. number of 485 applications received by August 17th
The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.
Eagerly awaiting 2 USCIS stats:
1. per-country per-category EB approvals in 2007
2. number of 485 applications received by August 17th
more...
JunRN
10-22 11:31 PM
Something's going on in the Senate....recapture of unused visa is proposed as an amendment to labor and healthcare appopriations bill.....let's see what happens tomorrow...expect that it will be tackled tomorrow!
go_guy123
02-24 03:46 PM
As Ron Gotcher (imminfo.com) predicted Jobs bill passed at Senate.
Senate Votes 70-28 to Approve $15 Billion Jobs Bill
Though modest in scope, the bill was hailed by Democrats as evidence that the parties could work together.
Read Further.
Senate Votes 70-28 to Approve $15 Billion Jobs Bill - NYTimes.com (http://www.nytimes.com/2010/02/25/us/politics/25jobs.html?partner=rss&emc=rss)
Bill loaded with pork is always easy to pass. Remember the bank bailout bill. Initially rejected but once there was "sufficient" pork it passed easily.
Senate Votes 70-28 to Approve $15 Billion Jobs Bill
Though modest in scope, the bill was hailed by Democrats as evidence that the parties could work together.
Read Further.
Senate Votes 70-28 to Approve $15 Billion Jobs Bill - NYTimes.com (http://www.nytimes.com/2010/02/25/us/politics/25jobs.html?partner=rss&emc=rss)
Bill loaded with pork is always easy to pass. Remember the bank bailout bill. Initially rejected but once there was "sufficient" pork it passed easily.
more...
matreen
07-15 03:20 PM
Then add Immigration Voice as payee
and give address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
don't I need to provide the account number of IV there.?
and give address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
don't I need to provide the account number of IV there.?
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jonty_11
07-23 04:56 PM
please provide more detail, Eb category, PD, Country of Birth...
more...
hebbar77
09-11 08:53 PM
I am in . What do we do. flowers with calculators or a simple math book seems a good idea.
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sc3
09-14 11:17 AM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
No you dont. You just want your own GC. If possible, hand delivered by the President of USA after he washes your feet.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
Well sure. Lets just burn the law books, which grants the PD to an applicant after I-140 is approved.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.
No you dont. You just want your own GC. If possible, hand delivered by the President of USA after he washes your feet.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
Well sure. Lets just burn the law books, which grants the PD to an applicant after I-140 is approved.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.
more...
billu
08-05 07:20 PM
Hi!
I'm RN outside the US:cool:
I will try to answer on your second question first. Shumer/Hutchinson amendment is the only our chanse for now. Try hammond law group, or shusterman, you will find info about it there. Shortly, it is the second try of Mr.Shumer and Ms. Hutchinson to amend an "Omnibous Bill" with a favorable for nurses and PT amendment. It would provide all schedule "A" with 61000 visas! If it is passed, we will be in chocolate:D , I mean you will get your GC in approximately 6-8 months (or a year). Nobody knows what are the chanses! My opinion that we have 50% that such a bill will be attached, and than we again have 50% that it will be passed and signed by Bush, before the end of the year.:rolleyes: If we are not lucky we would not see any favorable bills till after the elections of president and senate, late 2009(!).:mad:
Under EB3(if no schedule "A", and there is no other favorable changes in immigration law),and you are from India, you will have to wait forewer (10 years or so)! But if you are in the US, and you will be able to file I485, DO IT!
My advise is: file I140 as soon as possible, not sure about the avilability of premium processing, if you can, then use it also, if you can file I140 and I485 concurently - DO IT! I'm not familiar with procedures for PT, maybe you will find information here:
http://hammondlawgroup.blogspot.com/
http://shusterman.com/toc-ahp.html
http://shusterman.com/toc-rn.html
http://immigrationvoice.org/forum/showthread.php?t=4817
hi chisinau,
thanks for all the info...i missed the july opportunity as my employer told me that filing I-140 would take atleast a month....including applying for labor ETA 9089 form,job posting etc....so i could not file I-140 before july 31st....and the august 17 deadline is not valid for me anymore...
it seems difficult to comprehend that all PTsts and nurses coming to US from india wud now have to face 10 yrs of wait for GC especially with acute shortage of these professions here....i am sure some kind of bill or extra numbers would be given for these professions to speed up the process......in some states there is such an acute shortage for PTs that they are paying huge sign on bonus and pay package and the future demand is going to increase due to baby boomer generation retirement.....with h1 numbers going down to 65k for ordinary and only 20k for masters,i am sure there would be some steps taken to ensure getting more PTs and nurses from outside US in the future(2-3 years)......lets hope for the best n keep our fingers crossed.......
thanks for all the info again n all the best for ur process
I'm RN outside the US:cool:
I will try to answer on your second question first. Shumer/Hutchinson amendment is the only our chanse for now. Try hammond law group, or shusterman, you will find info about it there. Shortly, it is the second try of Mr.Shumer and Ms. Hutchinson to amend an "Omnibous Bill" with a favorable for nurses and PT amendment. It would provide all schedule "A" with 61000 visas! If it is passed, we will be in chocolate:D , I mean you will get your GC in approximately 6-8 months (or a year). Nobody knows what are the chanses! My opinion that we have 50% that such a bill will be attached, and than we again have 50% that it will be passed and signed by Bush, before the end of the year.:rolleyes: If we are not lucky we would not see any favorable bills till after the elections of president and senate, late 2009(!).:mad:
Under EB3(if no schedule "A", and there is no other favorable changes in immigration law),and you are from India, you will have to wait forewer (10 years or so)! But if you are in the US, and you will be able to file I485, DO IT!
My advise is: file I140 as soon as possible, not sure about the avilability of premium processing, if you can, then use it also, if you can file I140 and I485 concurently - DO IT! I'm not familiar with procedures for PT, maybe you will find information here:
http://hammondlawgroup.blogspot.com/
http://shusterman.com/toc-ahp.html
http://shusterman.com/toc-rn.html
http://immigrationvoice.org/forum/showthread.php?t=4817
hi chisinau,
thanks for all the info...i missed the july opportunity as my employer told me that filing I-140 would take atleast a month....including applying for labor ETA 9089 form,job posting etc....so i could not file I-140 before july 31st....and the august 17 deadline is not valid for me anymore...
it seems difficult to comprehend that all PTsts and nurses coming to US from india wud now have to face 10 yrs of wait for GC especially with acute shortage of these professions here....i am sure some kind of bill or extra numbers would be given for these professions to speed up the process......in some states there is such an acute shortage for PTs that they are paying huge sign on bonus and pay package and the future demand is going to increase due to baby boomer generation retirement.....with h1 numbers going down to 65k for ordinary and only 20k for masters,i am sure there would be some steps taken to ensure getting more PTs and nurses from outside US in the future(2-3 years)......lets hope for the best n keep our fingers crossed.......
thanks for all the info again n all the best for ur process
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lonedesi
06-21 12:19 PM
Don't understand what you mean? I could not locate your other post about C&G. Please guide me to that post.
Also, why in the world do they have to slow down processing PERM applications? And that too the Atlanta Center? May it is time for them to transfer all the cases from Atlanta center to Chicago center and dedicate the Atlanta center to process other work.
Just does not make sense at all.
process, thanks to Cohen & Grisby PERM presentation at the recent AILA conference.
So, things might slow down for PERMs due to this. Of course it will. See my posts about C & G elsewhere.
Also, why in the world do they have to slow down processing PERM applications? And that too the Atlanta Center? May it is time for them to transfer all the cases from Atlanta center to Chicago center and dedicate the Atlanta center to process other work.
Just does not make sense at all.
process, thanks to Cohen & Grisby PERM presentation at the recent AILA conference.
So, things might slow down for PERMs due to this. Of course it will. See my posts about C & G elsewhere.
more...
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pmat
03-13 01:03 PM
How long does it take to receive the cert in mail?
nixstor,
mine took 20 days.
nixstor,
mine took 20 days.
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skd
08-17 01:20 AM
bharol, You and I have same Priority Date and Category Mine is also PD 3rd Sept 2004 ( EB-2)
Let me know when you get your approval
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.
Let me know when you get your approval
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.
more...
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willwin
06-10 10:30 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Much awaited bulletin which says no numbers for EB3 and that come Oct 2008 Eb3 I will go to Nov 2001 again. What a news!!!
enjoy!!!
"E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
F. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year."
Much awaited bulletin which says no numbers for EB3 and that come Oct 2008 Eb3 I will go to Nov 2001 again. What a news!!!
enjoy!!!
"E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
F. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year."
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makemygc
10-25 11:59 PM
I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
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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.
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singhsa3
07-20 12:52 PM
Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
There are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated. In any case, 5 minutes per EAD is still a conservative figure.
All these add to the time.
Also, due to H-1B pile (65 K +20 K+15K= 100K cases pending), this may not take priorty and resources may be diverted.
I think USCIS will hire contractors to take care of this shit like DOL does. EAD and AP is the most easy to process. Very less dependencies.
There are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated. In any case, 5 minutes per EAD is still a conservative figure.
All these add to the time.
Also, due to H-1B pile (65 K +20 K+15K= 100K cases pending), this may not take priorty and resources may be diverted.
I think USCIS will hire contractors to take care of this shit like DOL does. EAD and AP is the most easy to process. Very less dependencies.
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khukubindu
01-18 10:11 PM
Hello Rameshk75,
Thank you very much for your reply. It gave me a mental peace. Do anyone believe if I go to the local office on next tuesday they will do something for me ?
Thank you very much for your reply. It gave me a mental peace. Do anyone believe if I go to the local office on next tuesday they will do something for me ?
mirage
03-31 04:17 PM
I think we are getting into an unnecessary discussion. My objective of this thread was to point out to our members that when we are discussing about immigration issues in the media we should also expose the mismanagement of the USCIS. They should not get away just by saying we were not prepared for this....
ArkBird
02-23 02:37 PM
LUD has little or no meaning. I have seen cases getting approval notice without ANY LUD. Don't stress out or hold your breath for it.
I hope so..
But checking my July 2007 I485 online status, it says it was last updated in Dec 2007..
Shouldn't we all have got recent LUDs or RFEs if all of us were recently pre-adjugated
I hope so..
But checking my July 2007 I485 online status, it says it was last updated in Dec 2007..
Shouldn't we all have got recent LUDs or RFEs if all of us were recently pre-adjugated
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