immi_twinges
07-20 04:13 PM
I think its the right time to get in touch with the USINPAC. Not only USINPAC but all communities who ever have pacts with US government should start getting involved.
"United we stand divided we fall"
"United we stand divided we fall"
wallpaper New York City Night Aerial
santb1975
06-06 01:09 AM
still not at 20K..We need to keep this going
amsgc
06-03 08:17 PM
^^
2011 of New York#39;s Roosevelt
Sri_
07-15 08:37 PM
$50 (Fifty) by Bill Pay through BOFA
Confirmation No: 7YG2X-D5QCD
Sri_
Confirmation No: 7YG2X-D5QCD
Sri_
more...
gova123
08-02 05:41 PM
Bumping ^^^^^^^^^^^^^^
NKR
06-24 11:45 AM
1. The days of an immigrant waiting to buy a house until he gets his GC have gone. These days H1Bs r buying homes left and right. More than settling, they look at it as a business prospect. I know atleast 5 guys who r still waiting in the wings who've bought homes. Look, u know u r gonna wait until GC and u know u will get ur GC...so why not buy a house? There may be a few who'd be pessimistic about their GC applications and wud think twice b4 making a huge investment and AFAIK, that percentage is very less.
LOL, there is another thread �buying a house when 485 processing is pending�. Post the above over there and you will see that you would have stirred a hornet�s nest. People will jump on you.
RNGC,
Personally I think US is not losing as much as it is gaining by not giving us GC, but I appreciate your efforts. We are the real losers here.
LOL, there is another thread �buying a house when 485 processing is pending�. Post the above over there and you will see that you would have stirred a hornet�s nest. People will jump on you.
RNGC,
Personally I think US is not losing as much as it is gaining by not giving us GC, but I appreciate your efforts. We are the real losers here.
more...
arthsidhu
09-10 03:33 PM
and for those who can't donate few dollars for their own cause, I leave that that for your own imagination..
People who are working for this cause are not doing for just themselves. It can't be said enough about this rally, but again you have to have some conscious to donate to the rally.
$30,000 needed and we haven't reached halfway yet. Pity the GC seekers. They should be rather called GC whiners.
People who are working for this cause are not doing for just themselves. It can't be said enough about this rally, but again you have to have some conscious to donate to the rally.
$30,000 needed and we haven't reached halfway yet. Pity the GC seekers. They should be rather called GC whiners.
2010 nyc at night
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.
more...
yoda
09-11 11:20 PM
Thanks for your thread on this Pappu, I was just about to create this thread.
So here goes the first draft:
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Dear XXXX,
Thousands of SKILLED LEGAL professionals, such as Scientists, Doctors, University Professors, Engineers, MBA's, Health Care Professionals and other professionals from all over the country who have contributed billions to the US ecomony are planning to participate in an unprecedented rally in the nation's capital on Tuesday, Sept. 18th to draw the attention of US lawmakers and American public towards excessive delays and backlogs in the Employment based Immigration system.
A group of rally participants from [your state] is meeting with Senators XXX and XXX with the hope of taking their help in supporting legislative changes to the Employment based Immigration system.
This peaceful rally is being organized by Immigration Voice (http://immigrationvoice.org), a grass-roots advocacy group of high-skilled legal immigrants.
For more information, please visit the following links:
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.html
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.pdf
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.doc
Since this is an unprecedented event from a very quiet group who have always remained in the sidelines of the recent Immigration debates, please provide visibility to this event so the plight of these law abiding, tax paying, highly educated people is spread among a larger group of people that would help drive the required legislative changes.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
State coordinators, please take up this responsibility and work with your team to get this done. I will be coordinating with the people in NH and MA. Lets fire off on all the cylinders now for the final big takeoff...
So here goes the first draft:
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Dear XXXX,
Thousands of SKILLED LEGAL professionals, such as Scientists, Doctors, University Professors, Engineers, MBA's, Health Care Professionals and other professionals from all over the country who have contributed billions to the US ecomony are planning to participate in an unprecedented rally in the nation's capital on Tuesday, Sept. 18th to draw the attention of US lawmakers and American public towards excessive delays and backlogs in the Employment based Immigration system.
A group of rally participants from [your state] is meeting with Senators XXX and XXX with the hope of taking their help in supporting legislative changes to the Employment based Immigration system.
This peaceful rally is being organized by Immigration Voice (http://immigrationvoice.org), a grass-roots advocacy group of high-skilled legal immigrants.
For more information, please visit the following links:
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.html
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.pdf
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.doc
Since this is an unprecedented event from a very quiet group who have always remained in the sidelines of the recent Immigration debates, please provide visibility to this event so the plight of these law abiding, tax paying, highly educated people is spread among a larger group of people that would help drive the required legislative changes.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
State coordinators, please take up this responsibility and work with your team to get this done. I will be coordinating with the people in NH and MA. Lets fire off on all the cylinders now for the final big takeoff...
hair nyc city and bb night.jpg
Humhongekamyab
06-11 01:17 PM
I have a dumb question: when the above post refers to 25,000 EB2 and EB3 applications does it refer to 25,000 primary applicants or total (applicant and dependent) applications. Does anyone know? -- Thanks.
I think it means total.
I think it means total.
more...
gc_dedo
04-30 03:56 PM
wow they have run out of questions.
hot pics of new york at night.
swede
04-03 08:58 AM
RIR EB3, filed in PA. Now in Philladelphia BEC
PD Dec 2002
45 days letter received May 2005
My 6 year H1B expire in Aug 2006
:(
PD Dec 2002
45 days letter received May 2005
My 6 year H1B expire in Aug 2006
:(
more...
house nyc at night.
sheela
10-25 09:13 PM
NK2000:
Thanks a ton for this great job. I will mail out today
Some crazy fellow gave me RED for my above posting and joining this compaign.
I will still urge people to join this to the benefit of all those on /planning to use AC21.
Thanks a ton for this great job. I will mail out today
Some crazy fellow gave me RED for my above posting and joining this compaign.
I will still urge people to join this to the benefit of all those on /planning to use AC21.
tattoo NYC night skyline
chanduv23
06-06 01:20 PM
Chanduv - Great to see you back here and rallying IV'ans
My pleasure to be associated in any possible way. Yourself, needhelp, wandmaker and all the gang are experts in rallying the threads - I am just a novice.
Come on HEROS, we need a lot of money for our lobbying efforts. We have to make every effort to succeed.
"Every bit counts" - so please do your bit.
My pleasure to be associated in any possible way. Yourself, needhelp, wandmaker and all the gang are experts in rallying the threads - I am just a novice.
Come on HEROS, we need a lot of money for our lobbying efforts. We have to make every effort to succeed.
"Every bit counts" - so please do your bit.
more...
pictures Chrysler Buuilding NYC Night
Humhongekamyab
02-18 05:30 PM
2005 PERM approvals (India - includes EB2, EB3 and EB3 Other workers)
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
Total for 2005 PERM - 7290
:mad: Thanks for raining down on my parade. Just kidding.
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
Total for 2005 PERM - 7290
:mad: Thanks for raining down on my parade. Just kidding.
dresses New York Skyline at Night
onemay
04-26 09:41 PM
Hi folks,
I'm a desperate house spouse(H4) and now not only I can't work but I can't drive either because the current visa expires on May 10 and the new extension is not here yet. The folks at DMV didn't wanna give an extension for the DL unless I bring a new I 94. Now the poor H1 has to do 2 jobs
1. work his but off at work to get GC
2. drive the kids up and down, do the shopping, etc etc because the desperate h4 can't move a finger.
Anyone in the same barrel?
Please give some toughts.:rolleyes:
I'm a desperate house spouse(H4) and now not only I can't work but I can't drive either because the current visa expires on May 10 and the new extension is not here yet. The folks at DMV didn't wanna give an extension for the DL unless I bring a new I 94. Now the poor H1 has to do 2 jobs
1. work his but off at work to get GC
2. drive the kids up and down, do the shopping, etc etc because the desperate h4 can't move a finger.
Anyone in the same barrel?
Please give some toughts.:rolleyes:
more...
makeup Saturday night nyc, Saturday
gcadream
03-01 04:09 PM
There is a link on immigrationvoie.org website "when can I get my GreenCard" and to my utter shock when I clicked that I got the message that I will get my GC around 2026.
There is a checkbox for spill over visas also, and I selected that thinking that it will move my dates before...but it got moved only till 2024.
So does it really mean that I will get the GC around 2024 or is it just plain maths which doesn't goes practically with the changing scenarios.
Because right now the current PD is Feb'2005 and it looks like withing 2,3 yrs it should reach Dec'2007, but this data is just my guess OR more of intuition, I'm not sure what will happen.
In this forum there are many experienced people, if they can throw some light on this, it would really help. Otherwise things are sounding very depressing !!
There is a checkbox for spill over visas also, and I selected that thinking that it will move my dates before...but it got moved only till 2024.
So does it really mean that I will get the GC around 2024 or is it just plain maths which doesn't goes practically with the changing scenarios.
Because right now the current PD is Feb'2005 and it looks like withing 2,3 yrs it should reach Dec'2007, but this data is just my guess OR more of intuition, I'm not sure what will happen.
In this forum there are many experienced people, if they can throw some light on this, it would really help. Otherwise things are sounding very depressing !!
girlfriend Manhattan by night - New York
skv
06-21 01:21 PM
http://www.youtube.com/watch?v=TCbFEgFajGU
Please can you put this in the headline, so that Immigrationvoice can comment and oppose.
Thx.
Oppose "Cohen & Grisby PERM "(youtube)
Please can you put this in the headline, so that Immigrationvoice can comment and oppose.
Thx.
Oppose "Cohen & Grisby PERM "(youtube)
hairstyles More NYC by night Shots here
mirage
08-21 08:03 AM
Guys Please send this out. It'll take 20 minutes and less than $2 of postage stamps...
------------------------------------------------------------------------
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
------------------------------------------------------------------------
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
chanduv23
06-06 10:04 AM
Come on IV heros - you can do it. Lets push this thread on top
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.
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