Bharam
03-27 03:05 PM
Still waiting for 45 day letter
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santb1975
07-15 09:41 PM
Great Going. The funding drive that was started earlier halted at 19881. Glad to see things pick up again
to IV PO Box.
to IV PO Box.
waitin_toolong
07-30 04:37 PM
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
Maybe he needs to go higher sometimes these officers dont understand that I-94 is all that counts. they might need some intervention to explain things you might also need to check the rules on the relevant DMV websites and quote thoses.
States have a lot of discretion when it comes to rules they frame with regards to DL's
Any one in NC have any suggestions?
Maybe he needs to go higher sometimes these officers dont understand that I-94 is all that counts. they might need some intervention to explain things you might also need to check the rules on the relevant DMV websites and quote thoses.
States have a lot of discretion when it comes to rules they frame with regards to DL's
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chintu25
07-18 02:04 PM
Paying USD 50/MONTH right now WILL INCREASE THAT to USD 100 from next month
Also i have encouraged a few other people to join in and they have joined with USD 50/MOnth commitment.
ROCK ON IV CORE :)
Also i have encouraged a few other people to join in and they have joined with USD 50/MOnth commitment.
ROCK ON IV CORE :)
more...
ras
10-16 05:47 PM
Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
Issue/Background:
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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any 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
Issue/Background:
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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any 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
vactorboy29
03-06 04:30 PM
I saw LUD on our both applications on 04/05 and 04/06 .I think at least they are shuffling through Piles of application.
more...
jgh_res
07-20 03:09 PM
Contact TANA. I think they donated a million or so to clinton's.
Lest contact USINPAC!!!!!!!
Lest see what they can do...
Lest contact USINPAC!!!!!!!
Lest see what they can do...
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santb1975
05-23 05:04 PM
We gotto
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TO BE OR NO TO BE
10-18 04:07 PM
Here are some facts:
My I-140 was approved in April 2007 and I-485 was filed in August 2007. My H-1B expired on October 14, 2010 and my employer filed (using an attorney) for an extension last month. I have original H-1B filing receipt and copy for I-485 with me. I also had EAD which was scheduled to expire on October 15, 2010 and I filed myself for renewal of EAD and AP.
I lost my driving license with my wallet yesterday.
I checked NJ DMV website and in their 6 point ID verification they accept EAD and valid I-94 (which comes with H-1B approval, but I don't have either on me right now). Does anyone know what is the process in NJ. Do they accept filing receipts as valid document?
Without license I can't drive and go to work.
Any recent experience? I would really appreciate an answer.
Thank you
My I-140 was approved in April 2007 and I-485 was filed in August 2007. My H-1B expired on October 14, 2010 and my employer filed (using an attorney) for an extension last month. I have original H-1B filing receipt and copy for I-485 with me. I also had EAD which was scheduled to expire on October 15, 2010 and I filed myself for renewal of EAD and AP.
I lost my driving license with my wallet yesterday.
I checked NJ DMV website and in their 6 point ID verification they accept EAD and valid I-94 (which comes with H-1B approval, but I don't have either on me right now). Does anyone know what is the process in NJ. Do they accept filing receipts as valid document?
Without license I can't drive and go to work.
Any recent experience? I would really appreciate an answer.
Thank you
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Sakthisagar
02-24 08:40 AM
Hi Folks,
I am here for the past 10 years, 2003 I changed my H1 company and they applied my GC on EB3 , and again I missed the 2007 fiasco. because my Mother was ailing and have to rush to our Mother land India, and I lost my Mother too. Unfortunately last time when I applied for the H1 extension on Sept 2009, they were just implementing the client Relationship stuff without any notice, I could produce the client letter and agreement even though my I-140 is approved, they gave only 1 year extension, this Sept 2010, I again have to extend my H1,if I did not get my EAD by that time.
In this times, two things are possible, One is a CIR, introduced in Senate and it passes with necessary vote, at this political situation it is most unlikely, and also if CIR fails then all our legal immigration will be passed as piece meal amendments. and the Visa recapture happens, Otherwise President, Senate and Congress together should know the situation we are all in and they take a decision on EB category, mind you, Legal immigration is blocked politically by Illegal Immigrants!. or USCIS should feel the back log reason, because of the 2000 amendment all our people back home coming as familes (nothing against them! everyone moves to greener pastures and good opportunity). In US, even if we are the most highly educated, all these carrer hike and promotion stuff goes by business situation, and as we all know US is still on recovery phase as far as economy is concerned, So be patient at least this year or next year some good news for all of us. Praying for all here in this situation. This is not a Problem, this is a Situation, even this will Pass away.
May GOD Bless
I am here for the past 10 years, 2003 I changed my H1 company and they applied my GC on EB3 , and again I missed the 2007 fiasco. because my Mother was ailing and have to rush to our Mother land India, and I lost my Mother too. Unfortunately last time when I applied for the H1 extension on Sept 2009, they were just implementing the client Relationship stuff without any notice, I could produce the client letter and agreement even though my I-140 is approved, they gave only 1 year extension, this Sept 2010, I again have to extend my H1,if I did not get my EAD by that time.
In this times, two things are possible, One is a CIR, introduced in Senate and it passes with necessary vote, at this political situation it is most unlikely, and also if CIR fails then all our legal immigration will be passed as piece meal amendments. and the Visa recapture happens, Otherwise President, Senate and Congress together should know the situation we are all in and they take a decision on EB category, mind you, Legal immigration is blocked politically by Illegal Immigrants!. or USCIS should feel the back log reason, because of the 2000 amendment all our people back home coming as familes (nothing against them! everyone moves to greener pastures and good opportunity). In US, even if we are the most highly educated, all these carrer hike and promotion stuff goes by business situation, and as we all know US is still on recovery phase as far as economy is concerned, So be patient at least this year or next year some good news for all of us. Praying for all here in this situation. This is not a Problem, this is a Situation, even this will Pass away.
May GOD Bless
more...
godspeed
12-11 04:25 PM
Folks,
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
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reddysn
06-05 11:14 AM
Wendy welcome to IV and thanks for participating in the discussion.
Can you please take some time to send web faxes(faxid- 20) to all the state senetors using the link on the home page , if you have not already done so. and also call them if time permits.
Coming to ur note , I guess , people who apply from F1 to I-485 you are referring are not the primary green card applicants. They are dependents on primary applicatns. If not, can you tell me what they are studying and how they can apply green card from F1? I am not aware of this route.
Numerous students on F1 visa applied 485 and got their GC these years.
Can you please take some time to send web faxes(faxid- 20) to all the state senetors using the link on the home page , if you have not already done so. and also call them if time permits.
Coming to ur note , I guess , people who apply from F1 to I-485 you are referring are not the primary green card applicants. They are dependents on primary applicatns. If not, can you tell me what they are studying and how they can apply green card from F1? I am not aware of this route.
Numerous students on F1 visa applied 485 and got their GC these years.
more...
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vinabath
07-20 03:43 PM
Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.
Again 'Chill out' dude. This has nothing to do with IV achievements. Please ignore this thread.
Again 'Chill out' dude. This has nothing to do with IV achievements. Please ignore this thread.
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chanduv23
11-25 04:09 PM
A general question - Is it normal to see LUDs on the 485, approved 140, approved 765/131 a few (3) weeks after sending AC21/G28N documentation in?
I changed employers about a month ago (140 approved, 485 pending more than 180 days), and the new company filed AC21 on Nov 3. I saw a soft LUD on my 765, 131, 485, 140 yesterday (Nov 24) and another soft LUD on just my 485 today (Nov 25). I wonder if these have to do with the AC21 and G-28N updates or if it is a sign of I-140 revocation and I should expect a 485 denial soon?
Any response will be highly appreciated.
Thanks,
g 28 does produce soft LUds so it is normal. Now AC21 documentation - whether it reaches file or not we don't know.
I changed employers about a month ago (140 approved, 485 pending more than 180 days), and the new company filed AC21 on Nov 3. I saw a soft LUD on my 765, 131, 485, 140 yesterday (Nov 24) and another soft LUD on just my 485 today (Nov 25). I wonder if these have to do with the AC21 and G-28N updates or if it is a sign of I-140 revocation and I should expect a 485 denial soon?
Any response will be highly appreciated.
Thanks,
g 28 does produce soft LUds so it is normal. Now AC21 documentation - whether it reaches file or not we don't know.
more...
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vdlrao
07-11 08:16 AM
I have expected EB2 India would move Fast but I didnt expect it would move like Super Fast. Really good for EB2. But the thing infront of us now is to work for EB3 INDIA and EB3 ROW.
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chanduv23
05-18 04:33 PM
Hi Chanduv23,
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
more...
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vactorboy29
06-11 05:59 PM
I have been investing in Lottery every week 1$ .Hoping I may hit Jackpot and Donate some money to our community.
My optimism says I may win lottery before I get green card or US congress works in our favor. Till then keep my finger cross..................
My optimism says I may win lottery before I get green card or US congress works in our favor. Till then keep my finger cross..................
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map_boiler
07-05 01:24 PM
I just sent emails to senators Bennett and Hatch in Utah.
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coolpal
02-04 12:23 PM
Hello everyone.
Please share your experiences if you renewed your NJ DL with EAD renewal notice.
My nj dl is due for renewal. I have applied for EAD renewal. I have the receipt notice and am working on EAD.
Thanks
Hi,
I assume you want to renew DL based on the receipt notice for your EAD renewal not the valid EAD itself. If so, I know the Edison DMV located on kilmer rd (near edison train st) gives you 6 mo. renewal... I got it from them in dec based on my h1 rcpt notice...
If you have a valid ead, then they'd renew your DL till the expiry shown on EAD.
pal :)
Please share your experiences if you renewed your NJ DL with EAD renewal notice.
My nj dl is due for renewal. I have applied for EAD renewal. I have the receipt notice and am working on EAD.
Thanks
Hi,
I assume you want to renew DL based on the receipt notice for your EAD renewal not the valid EAD itself. If so, I know the Edison DMV located on kilmer rd (near edison train st) gives you 6 mo. renewal... I got it from them in dec based on my h1 rcpt notice...
If you have a valid ead, then they'd renew your DL till the expiry shown on EAD.
pal :)
santa123
07-11 08:23 AM
Is this big jump for EB2 due to overflow from other categories? Is this as a result of awareness around visa wastage?
by_the_bay
07-19 02:13 AM
Just did a paypal payment of $100
Confirmation Number: 42U11755V4035824R.
Great job, IV. I am proud to be a member of this community?
Where can I get an F5 key? :)
Confirmation Number: 42U11755V4035824R.
Great job, IV. I am proud to be a member of this community?
Where can I get an F5 key? :)
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