amit_sp
03-05 03:33 PM
I also received RFE for my application. I am EB3-India with PD of Oct 2003. The RFE was about missing signatures on 2 forms (though I could see my signature there; I just re-signed those) and missing I-94s.
wallpaper mark zuckerberg and eduardo
amitga
02-18 03:20 PM
It is April new numbers for the quarter will be available.My guess is EB2 I will move beyond April 1 2004.Once it crossess 2004 then it will be almost in 2006 not many cases in 2005.
Why do you think there are not many cases in 2005?
Why do you think there are not many cases in 2005?
axp817
05-15 06:57 PM
Looks like the effect of congressional office. I have soft LUDs on my I-485 and second MTR on 05/15/2009
Hallelujah !!
Hallelujah !!
2011 mark zuckerberg and eduardo
yoda
09-13 04:24 PM
Sent to Mass High Tech and Fareed Zakaria @ Newsweek.
more...
gc_dreamer_2010
03-19 05:12 AM
Myths About Homeownership - Freddie Mac (http://www.freddiemac.com/corporate/buyown/english/preparing/right_for_you/myths.html)
krithi
02-18 06:01 PM
haha nice
more...
ashutrip
06-22 11:28 AM
Visa Bulletin suggests that severe cut-off date retrogressions are likely to occur early in FY 2008, which starts on October 1, 2007.
So we still have some time on our side.
Hope will keep us alive!!
So we still have some time on our side.
Hope will keep us alive!!
2010 mark zuckerberg eduardo saverin. of course, Mark Zuckerberg
chantu
07-11 11:27 AM
I have one question?
I have case id for ETA form. I could see my details by downloading MDB file from flcdatacenter. How can I know whether I am EB2 or EB3? I do not want to ask my employer.
I have case id for ETA form. I could see my details by downloading MDB file from flcdatacenter. How can I know whether I am EB2 or EB3? I do not want to ask my employer.
more...
santb1975
05-23 10:29 PM
Thankyou for the contribution
Contributed $100 today.
Transaction ID: 6WL593393P795301W
Contributed $100 today.
Transaction ID: 6WL593393P795301W
hair Eduardo Saverin#39;s Facebook
akgind
09-14 11:06 AM
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs.
Please do not make false statements. You are trying to paint everyone with the same brush.
I had a Masters at the time EB3 was filed in 2002....from a top US school. The employer was okay with any category. The lawyer messed up...said that all categories were current and he knows best.
Please do not make false statements. You are trying to paint everyone with the same brush.
I had a Masters at the time EB3 was filed in 2002....from a top US school. The employer was okay with any category. The lawyer messed up...said that all categories were current and he knows best.
more...
needhelp!
09-11 01:52 PM
PANKAJKAKKAR, IAM_1900, PARAM_R, KITTU1999, RITU_RAJ
hot The money, Mark promised,
ashutrip
06-20 01:09 PM
Mine was filed in Feb 07. My lawyer has opened an inquiry and its pending too
Atalanta sucks
Atalanta sucks
more...
house And while Eduardo Saverin
styrum
07-18 03:17 PM
Once they accept I-485 in the system then they give us a Receipt#, with that Receipt we can file for EAD / AP (as long as your PD becomes available) then they will process your I-485, Just thinking.. what do you say guys ... Please lete me know.. Receipt Date Vs Visa Number ...
Thanks
You can file EAD/AP together with 485. That's how I did (actually I140 PP was in the same package too). Sent on 6/21 to I140PP address. Had all the receipts beginning of July.
Thanks
You can file EAD/AP together with 485. That's how I did (actually I140 PP was in the same package too). Sent on 6/21 to I140PP address. Had all the receipts beginning of July.
tattoo images Eduardo Saverin mark
vayumahesh
07-20 08:42 AM
Contributed $100. Will do again. Thanks to IV for the job well done.
more...
pictures mark zuckerberg and eduardo
Green.Tech
06-05 09:54 AM
...on top!
dresses Eduardo Saverin as Mark
kalinga_sena
04-30 02:54 PM
heavy traffic!!!
more...
makeup Best friends Eduardo Saverin
sonyyy
06-25 10:40 AM
I agree.
Uncertainty hurts but eventually, almost everybody will get what they want in this case.
Plus, think about it this way, without this current, you won't be able to file your 485 anyway till next year.
Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..
Uncertainty hurts but eventually, almost everybody will get what they want in this case.
Plus, think about it this way, without this current, you won't be able to file your 485 anyway till next year.
Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..
girlfriend 26 and Eduardo Saverin,28
coolngood4u80
08-12 12:54 PM
Just looking at the employment based inventory statistics, if every applicant were charged $2000 for visa recapture, it is close to $400M for uncle sam. All EB backlogs would be eliminated, new immigrants would continue contributing to Social security, pay taxes, buy new homes, invest etc... Cant they see the potential upside to this?
Well said ..I totally agree with you....they would get their $400 million instantly..
Well said ..I totally agree with you....they would get their $400 million instantly..
hairstyles According to Zuckerberg, he
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
gcretroiv
02-10 01:24 PM
I second that VIVA , you are 100% correct
newbie2020
05-02 02:45 PM
I don't see Visas Recapture bill going any where.
It seems USCIS wants to potray that they are doing great job by doing various Process improvements. USCIS indirectly wants to say that eventually USCIS process will be improved to the extent that there will be no Visas wasted.
I think this was the most straight forward and simple bill. Other bills like removing the country limit are more challenging.So I don't see anything happening from immigration point unless democrats take over both senate and House in late 2008.
Hope for any legislative changes only in 2009 and beyond and not in 2008.
It really appeared to me that by the way lofgren asked the questions, and her comments (So recapturing is first step, She mentions "i will let the co-author know that you like the bill to uscis/state dept officials" etc. See the video again if u missed it out) makes me think they will go ahead and introduce in house for voting. What happens in the house is upto your speculation. Lets cross the fingers and wait for updates.
by the way they have 5 business days to ask any questions or clarifications which will end on Wednesday, So until then lets sit tight.
It seems USCIS wants to potray that they are doing great job by doing various Process improvements. USCIS indirectly wants to say that eventually USCIS process will be improved to the extent that there will be no Visas wasted.
I think this was the most straight forward and simple bill. Other bills like removing the country limit are more challenging.So I don't see anything happening from immigration point unless democrats take over both senate and House in late 2008.
Hope for any legislative changes only in 2009 and beyond and not in 2008.
It really appeared to me that by the way lofgren asked the questions, and her comments (So recapturing is first step, She mentions "i will let the co-author know that you like the bill to uscis/state dept officials" etc. See the video again if u missed it out) makes me think they will go ahead and introduce in house for voting. What happens in the house is upto your speculation. Lets cross the fingers and wait for updates.
by the way they have 5 business days to ask any questions or clarifications which will end on Wednesday, So until then lets sit tight.
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