Friday, June 17, 2011

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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




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  • krithi
    02-18 06:01 PM
    haha nice




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  • kumhyd2
    07-26 09:23 AM
    FYI:
    SoCal Chapter members will be having their meeting at Artesia / Poineer Blvd about 30 miles south from LA on July 28th at 3p.m. Members in this region are encouraged to attend the meeting. The meeting address is

    Woodlands Restaurant
    11833 Artesia Boulevard
    Artesia, CA 90701

    If you have questions or wish to join the yahoo group please visit

    http://groups.yahoo.com/group/SC_Immigration_Voice/

    or send blank e-mail to

    SC_Immigration_Voice-subscribe@yahoogroups.com


    Core Team: Can you help set up the conference call for this meeting so that those who cannot make it attend the conference call atleast.




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  • rangaswamy
    09-12 01:56 PM
    I am a new member and sent $50 by personal check to IV.

    EAD
    PD: May 04 (BEC cleared Nov 06)
    I-140: Jan 07 (Pending NSC)
    I-485: Aug 07 ( No reciepts)

    I have sent 50$ to IV through Bill Pay. I have also started a funding drive in my office locally. There are about 20 people in this situation. Lets see if any one contributes.

    This is the email i wrote:

    Folks, I just wanted to add to this email. As this email mentioned, IV is organizing a monumental rally in Washington DC. The estimated turn out for this rally is about 10,000 people. This is our best shot ever. With the successful flower campaign and the San Jose rally we were able to reverse the July bulletin.

    I urge you to consider contributing one month�s grocery bill towards this cause. Immigrants are flying in from all over the country. People who cannot attend are sponsoring air tickets and providing accommodation for strangers flying in. The least we can do is contribute a few bucks.

    Please make a contribution to IV. You can send in a check or a use google check out or use paypal. We pay thousands in taxes without representation. Donate a fraction of that amount today. Even if you don�t want to donate, go to the website and buy some IV merchandise, Cups, hats and t shirts.

    Im going to be mailing a check today, I will be glad to include your check.

    Go IV.

    Anand



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  • shareef142
    08-02 05:40 PM
    Hello gurus,

    I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.




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  • gchopes
    11-05 01:15 PM
    Its been over a month and I haven't received my permanent license in mail. They keep giving temporary 20 day license asking me to wait. Anybody in NC who recently renewed license on EAD and still waiting to get the permanent license in hand?



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  • sriv1
    07-15 10:43 AM
    Contributed 25$ today..
    Immigration Voice IV $ 25.00 07/21/2008 7YDSQ-08C91

    Total contributions till today 125$.

    Can anyone shed some light on this... I want to know how to pay thru BOA bill pay option.
    Thanks.

    For BOA, you can add your own Payee.
    Under Payee tab > Search browse Payee List > Then on rightside see 'Pay anyone- Add your own Payee'. Select this add IV as a payee.




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  • gchopes
    11-05 01:15 PM
    Its been over a month and I haven't received my permanent license in mail. They keep giving temporary 20 day license asking me to wait. Anybody in NC who recently renewed license on EAD and still waiting to get the permanent license in hand?



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  • bharol
    08-16 10:24 PM
    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.




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  • bfadlia
    06-23 05:39 PM
    USA is made by illegal immigrants (over 13 millions) and bonded labors (H1B - GC).

    Losses suffered by illegal immigrants and H1B-GC people fuels US economy (or at least contributes to that). My contributions so far might have been above half a millions. Indirect beneficiaris are top most companies.

    You may get some valuable inputs from http://immigrationvoice.org/forum/showthread.php?t=19766 although I did not fully endorse the thread:



    America is not loosing by delaying any process of streamlining any illegal immigrants or H1B-GC process.


    sorry for going off topic.. but your title about the pyramids has been proven to be a myth.
    New discoveries has shown that the workers building the pyramids were fed and cared for the way we care for olympic athletes these days.. Villages and cities were competing and bragging about how much they contribute in these national projects..
    don't believe everything u c on hollywood screens..



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  • akhilmahajan
    10-25 11:15 PM
    Same with me. I hope people understand that this is a serious issue.

    GO I/WE GO




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  • Raju
    08-05 09:47 AM
    In continuation to my posting from the previous thread (http://immigrationvoice.org/forum/showthread.php?t=20598), I have made some changes to the draft letter based on the comments received from few members. Now I have two versions of the same letters, one for TSC petitioners and other for NSC petitioners. This letter addresses the delay in processing of I-140 petitions at TSC & NSC.
    Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):

    1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
    2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
    3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
    4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
    5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
    6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
    7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.

    Please feel free to post any questions or clarifications you need before mailing this letter.

    Don't we need the consent of the petitioner (employer)? Please see the line item # 15.



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  • kumhyd2
    07-13 03:00 PM
    guys! who have those documents/letters being sent can you have a scanned copy of these documents/letters so that others can just download them and attach them with their email instead of cut copy paste and format. May be the administrators can have file/document section some where on the site so that people can grab the documents and send out to whoever they want to




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  • Mohit_Malkani
    07-28 09:11 AM
    Xela,

    What did your employers letter say (I'm a little confused about the "employer letter till feb 1st 2010" part)



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  • RNGC
    06-24 03:04 PM
    Thanks...

    Here is an article on contribution of Legal Immigrants to Social Security:

    http://www.nfap.net/researchactivities/studies/SocialSecurityStudy2005.pdf


    RNGC, excellent thread, looks like pessimistic folks have taking this thread for a ride.

    America stands to loose in many ways. Here is why..

    A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder�s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
    Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.

    Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
    This leads to reverse-brain drain phenomena who's effects to the economy are well documented.

    Here is couple of NFAP study about

    The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf

    Driving Jobs and innovation offshore:
    http://www.nfap.com/pdf/071206study.pdf

    Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.

    Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.

    EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.




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  • thomachan72
    06-04 11:37 AM
    OK here is a question.
    Person working for past 4 years in the US.
    Applied LC this February (2/26/07)
    wants to go to canada, work there for a year and then reenter may be next year.
    According to the new point based GC system--
    1) Will the person get points for the 4 years of work in the US? (those 4 years were continuous, however, the person applies for GC after the canadian break of lets say 1 year)



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  • insbaby
    07-24 08:13 AM
    I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.

    I applied for PERM in Sep 2006 - EB3 - India.
    I got approved for PERM in Mar 2007.

    I applied for I-140 and I-485 concurrently in Jun 2007.
    I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.

    Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.

    Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).

    So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)

    I applied for PERM in Sep 2006 - EB3 - India.
    I applied for I-140 and I-485 concurrently in Jun 2007.

    If your PD is Sep 2006, how could you file I-485 in Jun 2007? Your dates are current only in July 2007.




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  • qualified_trash
    04-11 02:36 PM
    In the larger scheme of things, we 350k do not matter and do not have the political clout of the 11 million illegals.

    :D

    So I do not think anything can happen by involving the media etc. in our cause. Getting a lobbying firm and lawyers to help is a much better way and will in the long run be more effective IMO. To this effect, I intend to contribute to Immigration Voice effort to hire a lobbying firm.

    Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!

    Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.

    The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.




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  • unseenguy
    06-11 07:56 PM
    I am happy for following things in life:

    1) I still have a job, or atleast pay.
    2) I have an EAD, those in PERM, 140, do not have that option.
    3) I am better placed than those seeking immigration as brothers and sisters of US citizens :-d or as married children of US citizens.

    I am not happy about:

    1) Don't have the plastic that says, I can stay on even if I don't have a job.
    2) Those from other countries getting "lottery" visa instead of hard work.

    Who said "hard work" pays off? It just takes LUCK in life for things to fall in place. From tomorrow, I am just going to buy lottery and do NO work.




    cse_us
    03-04 02:37 PM
    Thanks.

    Any one else with recent RFEs/LUDs on their I-485 ? Pl post.



    Mine is a NSC-CSC-NSC 485, july 2nd filer, with Apr 2007 EB2 Priority.
    I got Hard and soft LUDs on 2/5/09 and 2/10/09 resp.
    Hard LUD says, my case is now pending. (before it was 'this case has been transfered ...).
    No idea wht the soft LUD means, might be no RFE.

    BTW, I used EAD and also filed AC21 thru my lawyer.

    Regards.




    danu2007
    07-13 04:33 PM
    I already sent Certified letters to Minnesota Senators..

    State Rep - Erik Paulsen
    State Senator - David Hann
    US Rep - Jim Ramstad
    US Senator - Amy Klobuchar
    US Senator - Norm Coleman



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