mrajatish
04-25 09:52 AM
This makes a lot of sense and so does the fact that GC wait times for EB immigrants be considered as part of citizenship waittime after 140 is appoved. However, let us do this in parts, let us get the basics right before we build a castle.
Without simple effective legislations like filing for 485, increase in total numbers etc, we are talking about inhuman suffering for everyone.
I came in 1999, my friend came in 2000, he has GC, I am in 140 stage, is that fair, of course not. But then life is not fair in lots of things, and we got make things work for us.
Let us concentrate on our agenda for the time being.
Without simple effective legislations like filing for 485, increase in total numbers etc, we are talking about inhuman suffering for everyone.
I came in 1999, my friend came in 2000, he has GC, I am in 140 stage, is that fair, of course not. But then life is not fair in lots of things, and we got make things work for us.
Let us concentrate on our agenda for the time being.
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immig4me
05-14 09:11 AM
Don't wait any longer
Everyone must call
Thank You for helping Yourself
CALL Call call call Call CALL
Everyone must call
Thank You for helping Yourself
CALL Call call call Call CALL
thomachan72
12-12 08:47 AM
Bank Of America denied my car loan. They want only US citizens or GC holders. I have EAD and apparently its not good at all for anything. I can't even get my drivers license. The DMV is waiting for a response from DHS, until then I have to find other means to go to work.
The other day at walmart, I paid my groceries, as usual with the credit card, so the walmart person wanted to see my ID. I showed her my EAD, she said she cannot accept that...she wants to see my Drivers License..I said it is expired and the only legal document with a photo ID is my EAD which is issued by the federal Gov...she was not convinces but said, "aahhh!!! thats okay, I trust you." and let me go...till the end she was not convinced in her mind.
You will get your GC in 2011.
Which state are you in? Try other means of financing for the car. Sometimes the dealers themselves have options but might be a % or two higher.
There was a previous post regarding admisibility of EAD as one of the documents for DL. You might want to search for that post. I asume you dont have an H1b, right?
The other day at walmart, I paid my groceries, as usual with the credit card, so the walmart person wanted to see my ID. I showed her my EAD, she said she cannot accept that...she wants to see my Drivers License..I said it is expired and the only legal document with a photo ID is my EAD which is issued by the federal Gov...she was not convinces but said, "aahhh!!! thats okay, I trust you." and let me go...till the end she was not convinced in her mind.
You will get your GC in 2011.
Which state are you in? Try other means of financing for the car. Sometimes the dealers themselves have options but might be a % or two higher.
There was a previous post regarding admisibility of EAD as one of the documents for DL. You might want to search for that post. I asume you dont have an H1b, right?
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pbojja
09-11 04:21 PM
We need to do some thing about it so that they dont repeat the same mistake again . Lets attach a message or real calculators along with flowers and start campign ..atleast we get the attention like we did in July 07
I know we are too scared of doing any thing because they have our applications to process ...I think this is the time to step up again ...
even though I m EB2 2006 applicant , I was so frustated to see 2006 approvals , how can they do that ? Why they move to 2006 in first place raise hopes and dash them in less than weeks ...
Come on lets do some thing..
I know we are too scared of doing any thing because they have our applications to process ...I think this is the time to step up again ...
even though I m EB2 2006 applicant , I was so frustated to see 2006 approvals , how can they do that ? Why they move to 2006 in first place raise hopes and dash them in less than weeks ...
Come on lets do some thing..
more...
ilwaiting
04-25 10:52 AM
Well, It might make the PD's retrogress bit further. but atleast it would give people fair treatment.
It may not help at all.
Chances are once you make the arrival date as the priority date, USCIS/DOS would set the cut-off dates to reflect the earlier PD's. For example if it is now May 2001, it could retrogress to May 1995. I don't see any gains there.
It may not help at all.
Chances are once you make the arrival date as the priority date, USCIS/DOS would set the cut-off dates to reflect the earlier PD's. For example if it is now May 2001, it could retrogress to May 1995. I don't see any gains there.
Stan09
03-11 01:20 PM
Hi All,
something really strange is going on:
I485 EB2 filed at NSC Dec 3,2008, and on Feb,18 received RFE(!) requesting employment verification, divorce certificate, W2 and some other stuff that has been posted to them just 2 months ago.:confused:
something really strange is going on:
I485 EB2 filed at NSC Dec 3,2008, and on Feb,18 received RFE(!) requesting employment verification, divorce certificate, W2 and some other stuff that has been posted to them just 2 months ago.:confused:
more...
gc_on_demand
04-30 10:38 AM
04/30/2008: Petitions & Applications Pending as of March 31, 2008 - USCIS
I-140=146,092
I-485=762,938
I-765=158,565
I-130=1,387,045
Did they release this info because of hearing today ? Can we find out how many of EB out of those I 485 ?
I-140=146,092
I-485=762,938
I-765=158,565
I-130=1,387,045
Did they release this info because of hearing today ? Can we find out how many of EB out of those I 485 ?
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thomachan72
04-10 12:53 PM
min contribution required is $25 per month
Hi Pappu,
I just joined the 12 mth subscription of $25. Please enroll me into the donor forum. Thanks
Hi Pappu,
I just joined the 12 mth subscription of $25. Please enroll me into the donor forum. Thanks
more...
chanduv23
02-24 11:49 AM
The Congressional Hispanic Caucus has successfully blocked consideration of all immigration legislation until amnesty is brought up for a vote. Unless and until the issue of amnesty is resolved, we aren't going to see anything. On the other hand, if amnesty is voted down, then expect to see just about everything else passed.
The good news is that the jobs bill is ready to pass the Senate within the next day or two. On Thursday, they are going to have the health care summit. At that point, they will either decide to push the health care bill through via reconciliation, or go into extended negotiations with the Republicans. Either way, it definitely looks like a window might open up for CIR in the next couple of weeks.
The above is what Ron Gotcher (imminfo.com) says rather gives hope for the future!
Positive attitude and optimism helps the community but many a time the profit making motive of those in this business may want to create hope and sensationalism among the community for their own business interests - nothing wrong though, but people who are desperate, may percieve it in such a way that it is instant good news and glorify the messenger.
The good news is that the jobs bill is ready to pass the Senate within the next day or two. On Thursday, they are going to have the health care summit. At that point, they will either decide to push the health care bill through via reconciliation, or go into extended negotiations with the Republicans. Either way, it definitely looks like a window might open up for CIR in the next couple of weeks.
The above is what Ron Gotcher (imminfo.com) says rather gives hope for the future!
Positive attitude and optimism helps the community but many a time the profit making motive of those in this business may want to create hope and sensationalism among the community for their own business interests - nothing wrong though, but people who are desperate, may percieve it in such a way that it is instant good news and glorify the messenger.
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anurakt
01-03 04:07 PM
I really envy all of you guys who can return to your country. I have been here 8+ years and I am 53. My country does not even give me a passport and in top of that I am stuck in the namecheck black hole.
andy
You can come to our country :D :D :D food for thought .... I am sure you can get a work permit and citizenship very easily :D :D
andy
You can come to our country :D :D :D food for thought .... I am sure you can get a work permit and citizenship very easily :D :D
more...
gkdgopi
07-21 11:49 AM
According to LATimes article
http://www.latimes.com/business/la-fi-visas21jul21,1,3932099.story?coll=la-headlines-business&ctrack=1&cset=true
only 55000 applications so far this month.
"There was intense public reaction," said Bill Wright, spokesman for the citizenship and immigration agency, in explaining the reason for the reversal. "We heard that and did listen."
Wright said at least 55,000 applications had been filed this month; the window will remain open until Aug. 17. "
http://www.latimes.com/business/la-fi-visas21jul21,1,3932099.story?coll=la-headlines-business&ctrack=1&cset=true
only 55000 applications so far this month.
"There was intense public reaction," said Bill Wright, spokesman for the citizenship and immigration agency, in explaining the reason for the reversal. "We heard that and did listen."
Wright said at least 55,000 applications had been filed this month; the window will remain open until Aug. 17. "
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coolpal
09-10 11:04 AM
thanks IV to all ur efforts...
Here's my contribution of $100 (Google Order #431458970400945)
Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...
thanks,
pal :)
Here's my contribution of $100 (Google Order #431458970400945)
Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...
thanks,
pal :)
more...
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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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srini1976
07-20 04:39 PM
Is there a way to bring up this Bill again without the H1B part. My guess the H1B part killed it!:mad:
Lets try our best by supporting IV!
Lets try our best by supporting IV!
more...
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HV000
09-28 11:50 PM
Is it possible to send a letter to SEN.CORNYN AND REP.LOFGREN demanding USCIS to release BACKLOG NUMBERS upto date and NUMBER OF VISAS used up for 2007 year??
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globaldesi
04-18 10:54 AM
Just got my 140 approved...no confirmation from the employer yet but received email from CRIS saying they mailed the approval on April 15. Looks like the published processing times are being adhered to.
more...
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vallabhu
01-05 09:40 AM
My cousin filed her application in May 2003 from vermont, the case was shipped to Phil and se got her approval in September 2005.
I guess they are curently processed November 03'
I guess they are curently processed November 03'
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srikondoji
09-30 05:24 PM
Hi guys,
Just waiting for my wife to receive her SSN number with her EAD card.
How long will it take to get the registration of new company? Assuming i start it tomorrow.
Do you have to transfer the domain names, account details with web hosting company to my wife's name?
Or let them be under by name and just make the LLC under my wife's name and let her run the show?
All the accounts that are responsible to make/receive payments should be under my wife's name or just be under this new LLC name?
Thanks
sri
Just waiting for my wife to receive her SSN number with her EAD card.
How long will it take to get the registration of new company? Assuming i start it tomorrow.
Do you have to transfer the domain names, account details with web hosting company to my wife's name?
Or let them be under by name and just make the LLC under my wife's name and let her run the show?
All the accounts that are responsible to make/receive payments should be under my wife's name or just be under this new LLC name?
Thanks
sri
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rajuram
05-24 10:42 PM
Thanks for the information. Bills come and go every year, hard to count how many we have seen go up in the air in the last 3 years.
We are talking about HR 5882,5921 and 6039. Very few people are working very hard to take all of us a step ahead with the GC process and we have lots of hope and we also have direction. Please check with your state chapter lead for latest updates.
We are talking about HR 5882,5921 and 6039. Very few people are working very hard to take all of us a step ahead with the GC process and we have lots of hope and we also have direction. Please check with your state chapter lead for latest updates.
amaruns
07-09 06:20 PM
Couple of us out here
nareshg
10-09 01:13 AM
Congrats on getting your GC (EAD)
Thank You !!
Got my EAD, not the GC yet, want to start an LLC soon, but does not seem to be that simple...
Thank You !!
Got my EAD, not the GC yet, want to start an LLC soon, but does not seem to be that simple...
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