GeetaRam
11-30 03:28 PM
Hi,
I was following this thread and it has good information.
I have EB3 labor and I-140 approved with priority date March 2005. I couldn't file my I-485 in 2007.
Recently thru same employer I filed EB2 labor which got approved in Sept 2010. I have filed my I-140 under regular processing. I asked my attorney and he said as I already have one I-140 approved I should file this one under regular processing. USCIS might reject premium processing. Any advice.
My 6th year of H1-B is getting completed on Sept 2011.
Please suggest should I file my I-140 under premium processing? Should I try to convert it???
9 years and VayuMahesh any inputs... congratulations to u both for successful I-140 approval and porting....
Thanks in advance...
I was following this thread and it has good information.
I have EB3 labor and I-140 approved with priority date March 2005. I couldn't file my I-485 in 2007.
Recently thru same employer I filed EB2 labor which got approved in Sept 2010. I have filed my I-140 under regular processing. I asked my attorney and he said as I already have one I-140 approved I should file this one under regular processing. USCIS might reject premium processing. Any advice.
My 6th year of H1-B is getting completed on Sept 2011.
Please suggest should I file my I-140 under premium processing? Should I try to convert it???
9 years and VayuMahesh any inputs... congratulations to u both for successful I-140 approval and porting....
Thanks in advance...
wallpaper Love
skysurf
08-21 02:13 PM
Hello, could you please give some info?
Should my spouse, going to live in CA in H4 status, get US driving licence, or DL issued abroad of US will be enough?
One more question. In how many days after entering US (California) in H1B status, should I apply for US DL? The only defined preiod I found on DMV site, is 10 days. But how can I proof my address of residence in US after only 10 days?
Should my spouse, going to live in CA in H4 status, get US driving licence, or DL issued abroad of US will be enough?
One more question. In how many days after entering US (California) in H1B status, should I apply for US DL? The only defined preiod I found on DMV site, is 10 days. But how can I proof my address of residence in US after only 10 days?
eastindia
08-23 08:55 AM
Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?
Where is GCperm when you need one?
Where is GCperm when you need one?
2011 Quotes, unconditional love
ps57002
09-02 12:21 PM
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
more...
SunnySurya
09-15 11:39 AM
I am with you and willing to share the cost.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
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.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
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.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
ArkBird
09-04 05:09 PM
You are 100% right but no one thought their Labor/GC pain will last THIS long. The most unfortunate/unlucky part in this whole journey was 245(i) amnesty in 2001. This is a tsunami which choked the labor pipe (Remember the good old days of Backlog Reduction Center and quest for that elusive screen shot from the BRC for case? :) ) & imbalanced the demand/supply equilibrium for EB3. This is the reason the variable of priority date became constant and stuck to 2001..
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
more...
vin13
03-12 03:20 PM
With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.
I totally agree to this. Everytime i try to bring this point across all that is being asked is go contribue some money. I have contributed money before and i will contribute lot more if i know what it is getting used for.
There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
I totally agree to this. Everytime i try to bring this point across all that is being asked is go contribue some money. I have contributed money before and i will contribute lot more if i know what it is getting used for.
There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
2010 Unconditional love… is not
diptam
07-06 02:35 PM
More important is the last 48 hrs where they processed 25000 cases
AT-WILL.
Ohh this guy has a good first name - 485 granted.
Ohh this guy married twice,needs money - 485 granted.
Ooh this girl doesnt look good - 485 denied.
Ooh this girl has excellent looks - 485 granted.
Ooh This couple stayed EUROPE not so loyal - 485 denied.
and so on and so forth....
They were/are so busy approving cases that they donot have time to update the message. Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.
AT-WILL.
Ohh this guy has a good first name - 485 granted.
Ohh this guy married twice,needs money - 485 granted.
Ooh this girl doesnt look good - 485 denied.
Ooh this girl has excellent looks - 485 granted.
Ooh This couple stayed EUROPE not so loyal - 485 denied.
and so on and so forth....
They were/are so busy approving cases that they donot have time to update the message. Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.
more...
pankajkakkar
08-08 02:49 PM
After reading the op-ed by Pankaj, I had the following questions: Has the SKIL bill already passed the Senate? I know it is included as part of CIR. But, what happens if CIR gets thrown out?
There are five possibilities, as far as I can think:
1. The House does absolutely nothing. CIR sits unenforced (it's not law until the House passes an identical bill). We continue to suffer. Highly unlikely, since there is a lot of pressure to do *something*.
2. The House passes SKIL by itself. In this case, the Senate will have to revote on SKIL by itself, and then SKIL would be a law by itself. CIR will be irrelevant. We will get what we want. Somewhat likely, if (3) or (4) doesn't happen.
3. The House and Senate conference to come up with a bill. SKIL is discarded in conference. The House and Senate will have to revote on the bill. CIR will be irrelevant. We will continue to suffer. I think this is somewhat unlikely. If there is a conference, big business with it's deep pockets will have its way. Big business supports SKIL.
4. The House and Senate conference to come up with a bill. SKIL is included in conference. The House and Senate will have to revote on the bill. CIR will be irrelevant. We will get what we want. I think this is the most likely possibility, although timing is very uncertain (it may not happen until spring of next year).
5. The House passes CIR identical to the Senate bill. CIR will be law. We will get what we want. Highly unlikely.
Pankaj
There are five possibilities, as far as I can think:
1. The House does absolutely nothing. CIR sits unenforced (it's not law until the House passes an identical bill). We continue to suffer. Highly unlikely, since there is a lot of pressure to do *something*.
2. The House passes SKIL by itself. In this case, the Senate will have to revote on SKIL by itself, and then SKIL would be a law by itself. CIR will be irrelevant. We will get what we want. Somewhat likely, if (3) or (4) doesn't happen.
3. The House and Senate conference to come up with a bill. SKIL is discarded in conference. The House and Senate will have to revote on the bill. CIR will be irrelevant. We will continue to suffer. I think this is somewhat unlikely. If there is a conference, big business with it's deep pockets will have its way. Big business supports SKIL.
4. The House and Senate conference to come up with a bill. SKIL is included in conference. The House and Senate will have to revote on the bill. CIR will be irrelevant. We will get what we want. I think this is the most likely possibility, although timing is very uncertain (it may not happen until spring of next year).
5. The House passes CIR identical to the Senate bill. CIR will be law. We will get what we want. Highly unlikely.
Pankaj
hair Unconditional Love and; quotes
pd_recapturing
07-14 02:29 PM
Done !!!
Here is the BofA transaction desc:-
Immigration Voice $ 10.00 07/18/2008 7YB4S-SMGL8
Here is the BofA transaction desc:-
Immigration Voice $ 10.00 07/18/2008 7YB4S-SMGL8
more...
qualified_trash
01-02 07:20 PM
Folks,
I know this has been discussed in the past on this and other message boards but I wanted to hear some more opinions about it. What is the value of green card to you?
I know different ppl have different reasons like ability to switch jobs, ability to travel freely, ability to have a job for spouse etc. All said and done how many of you would like to go back to your home countries in the next 5-6 years? I know a lot of people have issues such as aging parents back home or they simply don't see themselves living in a foreign land forever. I guess my question is what percentage of ppl aspiring for a GC view it as a convenience vs percentage of ppl who actually see it as a path to settling down in US for good.
Thanks
you should maybe set it up as a poll. as for me, I am here for good unless asked to leave :-)
I know this has been discussed in the past on this and other message boards but I wanted to hear some more opinions about it. What is the value of green card to you?
I know different ppl have different reasons like ability to switch jobs, ability to travel freely, ability to have a job for spouse etc. All said and done how many of you would like to go back to your home countries in the next 5-6 years? I know a lot of people have issues such as aging parents back home or they simply don't see themselves living in a foreign land forever. I guess my question is what percentage of ppl aspiring for a GC view it as a convenience vs percentage of ppl who actually see it as a path to settling down in US for good.
Thanks
you should maybe set it up as a poll. as for me, I am here for good unless asked to leave :-)
hot Unconditional Love
looneytunezez
04-30 03:11 PM
I just called and left message with the aide at Senator Dianne Feinstein.
She said that Senator is supporting the bill, and appreciates my support.
Next I plan to start calling other senator's office as well.
She said that Senator is supporting the bill, and appreciates my support.
Next I plan to start calling other senator's office as well.
more...
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h1b_forever
08-13 01:47 PM
1)I disagree with the bill, why should legal employment immigration pay for policing the border. Why only H1 and L1s? Why not other temporary and permanent immigration visas
Should not they be paying to protect the border first before everything else
2) Having said that, I cannot disagree with making it difficult for companies which have more than 50 employees with more than 50% on h1/L1. It just does not add up that they cannot employ 50% locals/residents. I would go further and make it really difficult for someone to do this unless they can really prove the need (like in case of EB1)
I know my opinion will not be popular, but think about it. I can agree they cannot fill all their jobs with locals, but not even 50%, come on some one will have to show me why they can not do that. The only reason I can think of
1)Their pay will not attract people
2)They wont pay overtime and make them work like dogs
3)They come here for a short duration to help outsource the jobs
Should not they be paying to protect the border first before everything else
2) Having said that, I cannot disagree with making it difficult for companies which have more than 50 employees with more than 50% on h1/L1. It just does not add up that they cannot employ 50% locals/residents. I would go further and make it really difficult for someone to do this unless they can really prove the need (like in case of EB1)
I know my opinion will not be popular, but think about it. I can agree they cannot fill all their jobs with locals, but not even 50%, come on some one will have to show me why they can not do that. The only reason I can think of
1)Their pay will not attract people
2)They wont pay overtime and make them work like dogs
3)They come here for a short duration to help outsource the jobs
tattoo of Unconditional love
chanduv23
09-15 04:16 PM
Bump
more...
pictures Unconditional Love
Libra
09-10 05:11 PM
thanks ssprof
dresses Quotes Graphics
FSL
09-10 02:13 PM
So what happens if your PD got current and I-140 approved? What happens next? Whats the next hurdle?
Thanks
Thanks
more...
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NKR
06-26 08:18 AM
I'm sure you meant "Loss and loose have different meaning" ! .
Good catch :). I was losing patience waiting for the elusive green card and now I think I am losing my mind too.
Good catch :). I was losing patience waiting for the elusive green card and now I think I am losing my mind too.
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ChalapathiChitturi
12-27 03:22 PM
Thank you "softcrowd", good to know that we can re-enter using H1B when we are in AOS.
Today I received the update on uscis web site, saying that "Approval notice sent".
1. Applied on August 01 st (Vermont Service Center)
2. Receipt date Oct 2nd.
3. REF on Nov-26 for passport copies.
4. Responded to Ref on Nov-28, Sent passport copies on
5. Update in uscis web-site on 27-Dec-07 "approval notice sent"
Just in time for my travel.......
Today I received the update on uscis web site, saying that "Approval notice sent".
1. Applied on August 01 st (Vermont Service Center)
2. Receipt date Oct 2nd.
3. REF on Nov-26 for passport copies.
4. Responded to Ref on Nov-28, Sent passport copies on
5. Update in uscis web-site on 27-Dec-07 "approval notice sent"
Just in time for my travel.......
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ags123
02-18 07:11 PM
I am hoping they just dont tie EB2 I and Eb2 C at 15th Feb 2005 in April 2009.
Previously we have seen bulletins where Eb2 I and Eb2 C have tied up at 1Apr2004.
I dont know how many iterations it will take before it reaches the RIR/PERM boundary(1 Apr 2005)
Previously we have seen bulletins where Eb2 I and Eb2 C have tied up at 1Apr2004.
I dont know how many iterations it will take before it reaches the RIR/PERM boundary(1 Apr 2005)
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
test101
07-05 02:35 PM
Called up Sen Casey's office and I was told that in the local office they cant do much about a mass enquiry but he volunteered to do it on a personal basis for my case in particular.
awsome.. that's a good news....good luck
awsome.. that's a good news....good luck
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