vayumahesh
10-22 09:12 AM
My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.
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eb3retro
03-10 11:47 PM
I received the rfe details today..Here is my list of documents needed by uscis
1) updated properly completed form G-325A
2) employment letter from my new employer to prove that i am working on the same/similar job as my LC (since I did not submit AC21 documents), I need to do it now, since I changed my address and the letter mentions that I am not staying in the same state as of my original LC and now they require AC21 documents.
1) updated properly completed form G-325A
2) employment letter from my new employer to prove that i am working on the same/similar job as my LC (since I did not submit AC21 documents), I need to do it now, since I changed my address and the letter mentions that I am not staying in the same state as of my original LC and now they require AC21 documents.
go_guy123
02-24 10:03 AM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Your PD was in 2006. The GC problems had started surfacing and it was clear without a relief it would only get worse. If you have EAD you are better off otherwise no point in waiting at all.
The question is about having good understanding the US politics and that will give you an idea of how realistic are the chances of EB relief in future.
I feel eventually it will be fixed. But not before it is completely broken and companies really take a hard look at it and seriously lobby for a reform and a workable solution.
The H1B is now broken but perhaps not broken enough...so there will be couple of months/years of more misery.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Your PD was in 2006. The GC problems had started surfacing and it was clear without a relief it would only get worse. If you have EAD you are better off otherwise no point in waiting at all.
The question is about having good understanding the US politics and that will give you an idea of how realistic are the chances of EB relief in future.
I feel eventually it will be fixed. But not before it is completely broken and companies really take a hard look at it and seriously lobby for a reform and a workable solution.
The H1B is now broken but perhaps not broken enough...so there will be couple of months/years of more misery.
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MindGlow
07-09 10:38 PM
Received this e-mail from Tom Davis (Virginia congressman for where I live) today (Monday, July 9, 2007). Plan to reply by tomorrow mentioning it is not about "individual redress" rather a wrong imposed by USCIS/DOS on the legal-patiently waiting-community of immigrants. Any suggestions welcome.
Dear Mr. <Name>:
My staff is aware of the situation regarding employment-based visa applicants seeking adjustment of status and the most recent announcement by the State Department of the unavailability of visa numbers. At this time, my staff members are reviewing the situation. Individual redress is not possible at this time.
Thank you for contacting me.
Sincerely,
Tom Davis
Member of Congress
Dear Mr. <Name>:
My staff is aware of the situation regarding employment-based visa applicants seeking adjustment of status and the most recent announcement by the State Department of the unavailability of visa numbers. At this time, my staff members are reviewing the situation. Individual redress is not possible at this time.
Thank you for contacting me.
Sincerely,
Tom Davis
Member of Congress
more...
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 :)
pappu
06-04 01:59 PM
One one hand you have folks who are getting labor approvals from BECs just now and have not filed I-140s.
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
Not a bit harsh but very harsh. There are cases of people who have waited for 5 years and are still stuck in BEC. Now if this bill passes, they will have to apply all over again. There are also people who have gone through the PERM process and have not applied I140. Sometimes PERM process can take upto 1 year if the HR and Lawyer is slow in the recruitment process and unresponsive.
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
Not a bit harsh but very harsh. There are cases of people who have waited for 5 years and are still stuck in BEC. Now if this bill passes, they will have to apply all over again. There are also people who have gone through the PERM process and have not applied I140. Sometimes PERM process can take upto 1 year if the HR and Lawyer is slow in the recruitment process and unresponsive.
more...
priti8888
07-19 12:45 AM
This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:
dont worry, the above scenario would happen only if pd remaines current.This is highly unlikely. In the next few months PD would retrogress to for instance 2004 , then you'll get your GC first :) Cheer up buddy:)
dont worry, the above scenario would happen only if pd remaines current.This is highly unlikely. In the next few months PD would retrogress to for instance 2004 , then you'll get your GC first :) Cheer up buddy:)
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yabadaba
02-28 05:38 PM
bump...so united nations may post
more...
mirage
08-18 11:11 AM
This is what we are sending..
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
I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.
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
I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.
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Libra
09-11 08:19 PM
thank you pstvak for contribution. if you need help you can contact one of the IV member on
http://immigrationvoice.org/forum/showthread.php?t=12441 thread.
http://immigrationvoice.org/forum/showthread.php?t=12441 thread.
more...
ArkBird
09-01 03:27 PM
- Came to US in 1997.
- Had Labor + 140 approved in Dec, 99.
- tricked and lured by start-up in silicon valley. Abandoned everything and came to California in Jan, 2000 made the deadly mistake of not taking the copy of approved I-140 (I still slap myself every morning for that mistake ;) )
- Found out they have only one customer
- Founder wasted own 20 Million dollars but never increased the tally for the customer from 1
- "Startup" went under in 2002.
- Joined new company (the only customer of start-up) and filed labor in March, 2003 and enjoying every minute of it... :)
Cheers
ArkBird
- Had Labor + 140 approved in Dec, 99.
- tricked and lured by start-up in silicon valley. Abandoned everything and came to California in Jan, 2000 made the deadly mistake of not taking the copy of approved I-140 (I still slap myself every morning for that mistake ;) )
- Found out they have only one customer
- Founder wasted own 20 Million dollars but never increased the tally for the customer from 1
- "Startup" went under in 2002.
- Joined new company (the only customer of start-up) and filed labor in March, 2003 and enjoying every minute of it... :)
Cheers
ArkBird
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EndlessWait
12-15 09:29 PM
its been stuck at 2001 for so many years , except for 2007 july bulletin fiasco.
with the way things are , it can take 10 more years for EB3 to even get to 2005. Lets try and push for something which works in this country.
Buy a house get a GC! rule for EB applicants.
with the way things are , it can take 10 more years for EB3 to even get to 2005. Lets try and push for something which works in this country.
Buy a house get a GC! rule for EB applicants.
more...
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regacct
05-13 09:34 AM
Couple more days left on this phone campaign. Please flood the GOP senate offices with phone calls asking them to support the CIR framework.
They need to hear from us (the other side of the coin), to believe that there are people in their constituency that want these changes/reforms.....
They need to hear from us (the other side of the coin), to believe that there are people in their constituency that want these changes/reforms.....
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uma001
05-19 09:59 AM
This is the reply I got form Nevada Senator
Thank you for contacting me regarding immigration reform. I value the opinions of every Nevadan and am grateful to those who take the time to inform me of their views.
America is a nation of immigrants but also a nation of laws. The national security of the United States depends on an immigration policy that first and foremost secures our borders. Our immigration policy also must demand accountability from those who hire illegal workers by creating a national employee verification system that employers would be required to use to verify the legal status of their employees and imposing severe penalties for employers who hire illegal workers. We should welcome those who want to enter the country legally, learn English, maintain employment, pay taxes, and contribute to our communities. We should not have to accept those who are not working full time; who have committed a crime or may present a danger to American citizens or legal immigrants; or who go on, or are likely to go on, public assistance or become dependent on any other government program.
I think we can all agree that our current immigration system is broken and that our schools, hospitals, and law enforcement are bearing the weight of its failures. Our prison system is overcrowded, and costs incurred from incarcerating criminal aliens continue to rise. The Department of Justice estimates that one in five federal prisoners, and more than one in ten state prisoners in Nevada, are non-U.S. citizens. That is why I support the Department of Homeland Security's Immigration and Customs Enforcement initiatives that give state and local law enforcement the necessary tools to stem illegal behavior, such as the expansion of the Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) program. The REPAT program paroles non-violent criminal aliens serving state sentences so they can be deported. In Nevada, 2,560 criminal aliens were flagged for removal in Fiscal Year 2008 and 2,183 in Fiscal Year 2009. Reform is necessary and should be in America's best interests and not encourage additional illegal behavior.
Once again, thank you for contacting me on this very important issue. If you should have any further questions or comments or would like to sign up for my monthly newsletter, please feel free to write or e-mail me via my website at John Ensign, United States Senator of Nevada: Home (http://ensign.senate.gov).
Sincerely,
JOHN ENSIGN
United States Senator
JE/RD
Thank you for contacting me regarding immigration reform. I value the opinions of every Nevadan and am grateful to those who take the time to inform me of their views.
America is a nation of immigrants but also a nation of laws. The national security of the United States depends on an immigration policy that first and foremost secures our borders. Our immigration policy also must demand accountability from those who hire illegal workers by creating a national employee verification system that employers would be required to use to verify the legal status of their employees and imposing severe penalties for employers who hire illegal workers. We should welcome those who want to enter the country legally, learn English, maintain employment, pay taxes, and contribute to our communities. We should not have to accept those who are not working full time; who have committed a crime or may present a danger to American citizens or legal immigrants; or who go on, or are likely to go on, public assistance or become dependent on any other government program.
I think we can all agree that our current immigration system is broken and that our schools, hospitals, and law enforcement are bearing the weight of its failures. Our prison system is overcrowded, and costs incurred from incarcerating criminal aliens continue to rise. The Department of Justice estimates that one in five federal prisoners, and more than one in ten state prisoners in Nevada, are non-U.S. citizens. That is why I support the Department of Homeland Security's Immigration and Customs Enforcement initiatives that give state and local law enforcement the necessary tools to stem illegal behavior, such as the expansion of the Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) program. The REPAT program paroles non-violent criminal aliens serving state sentences so they can be deported. In Nevada, 2,560 criminal aliens were flagged for removal in Fiscal Year 2008 and 2,183 in Fiscal Year 2009. Reform is necessary and should be in America's best interests and not encourage additional illegal behavior.
Once again, thank you for contacting me on this very important issue. If you should have any further questions or comments or would like to sign up for my monthly newsletter, please feel free to write or e-mail me via my website at John Ensign, United States Senator of Nevada: Home (http://ensign.senate.gov).
Sincerely,
JOHN ENSIGN
United States Senator
JE/RD
more...
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diptam
09-26 02:34 PM
I did that earlier ( banging on CM's door) in May 08 after my 140 was pending for 1 year... They said unless this is a emergency , they cant help at that point - however they helped me to get my H extension approval ( which was also pending for 5 months :( that time and I could have been out of status in another 3 months)
This time i'm waiting for 17 months and the wall street financial crisis arrived. So i wrote to my Local Congressman and state Democrat Senator stating that " I could lose my job and even if there is a job available in the same state - i might have to relocate with my family or sit unemployed... However if 140 would have been approved On time - i could switch to another job quickly because no one is available or qualified to do that"
I also mentioned them the issue of NSC approving cases from June - Nov 07 and some as late as 2008 in the Eb3 category and only Apr-May 07 cases are somehow shelved off ....
here4gc- What was you Eb category and when did USCIS received your 140 and which center Nebraska or Texas ??
Guys..I just recieved my I-140 approval..last week..shocked, surprised..but trust me..this works..hope some people remember about a similar campaign I had initiated a while back..I sent letters to Zoe Lofgren, Ombudsman, USCIS director and Ted Kennedy..apart from contacting my local congressman...
Goodluck guys!!! I sincerely wish everybody speedy approvals!!!!!!
This time i'm waiting for 17 months and the wall street financial crisis arrived. So i wrote to my Local Congressman and state Democrat Senator stating that " I could lose my job and even if there is a job available in the same state - i might have to relocate with my family or sit unemployed... However if 140 would have been approved On time - i could switch to another job quickly because no one is available or qualified to do that"
I also mentioned them the issue of NSC approving cases from June - Nov 07 and some as late as 2008 in the Eb3 category and only Apr-May 07 cases are somehow shelved off ....
here4gc- What was you Eb category and when did USCIS received your 140 and which center Nebraska or Texas ??
Guys..I just recieved my I-140 approval..last week..shocked, surprised..but trust me..this works..hope some people remember about a similar campaign I had initiated a while back..I sent letters to Zoe Lofgren, Ombudsman, USCIS director and Ted Kennedy..apart from contacting my local congressman...
Goodluck guys!!! I sincerely wish everybody speedy approvals!!!!!!
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ameryki
01-05 06:25 PM
I talked to my lawyer and she says I can travel without AP as long as H visa is stamped. I just found Press Release on same topic from USCIS. Here is the link
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped
more...
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sc3
09-14 11:17 AM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
No you dont. You just want your own GC. If possible, hand delivered by the President of USA after he washes your feet.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
Well sure. Lets just burn the law books, which grants the PD to an applicant after I-140 is approved.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.
No you dont. You just want your own GC. If possible, hand delivered by the President of USA after he washes your feet.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
Well sure. Lets just burn the law books, which grants the PD to an applicant after I-140 is approved.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.
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nk2006
10-16 04:29 PM
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: Ombudsman
======================
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
=======================
============================
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
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: Ombudsman
======================
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
=======================
============================
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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rbkrao
03-04 11:40 PM
Our cases are with NSC. EB2. PD: Mar -06
i responded to RFE last year. then case processing resumed.
We saw LUD on all 3 cases on Friday. I called up IO at NSC and she told that
LUD was because they applied biometrics to your cases. I told her i did not get 2nd FP
notice ,we did not give any FPs. She said they have our new FPs in the system and applied
the same.
i am not sure what she is talking about???
One possible reason could be, they might have reused our FPs given during EAD renewals few months back. But does it make sense to anyone? did anyone face the same experience?
Thanks.
i responded to RFE last year. then case processing resumed.
We saw LUD on all 3 cases on Friday. I called up IO at NSC and she told that
LUD was because they applied biometrics to your cases. I told her i did not get 2nd FP
notice ,we did not give any FPs. She said they have our new FPs in the system and applied
the same.
i am not sure what she is talking about???
One possible reason could be, they might have reused our FPs given during EAD renewals few months back. But does it make sense to anyone? did anyone face the same experience?
Thanks.
transpass
02-23 01:05 PM
people,
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
But they can approve only based on available visa numbers...:confused:
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
But they can approve only based on available visa numbers...:confused:
sunny1000
01-10 03:28 AM
Hi everyone,
Just wanted to let you know that my EB3 I-140 got approved today. I am a July 2007 concurrent filer. This wait has been frustrating and I've had to let many good opportunities pass by. I had, in the last 2 months, opened 2 service requests. I am not sure if they did the jobor may be the time has come when we will see July approvals coming in hordes.
Good luck to all of you.
congrats! can you please post which service center approved it? Thanks.
Just wanted to let you know that my EB3 I-140 got approved today. I am a July 2007 concurrent filer. This wait has been frustrating and I've had to let many good opportunities pass by. I had, in the last 2 months, opened 2 service requests. I am not sure if they did the jobor may be the time has come when we will see July approvals coming in hordes.
Good luck to all of you.
congrats! can you please post which service center approved it? Thanks.
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