kartikiran
08-23 08:34 AM
So does this mean:
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2
If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2
If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
wallpaper baby#39;s skull, the sutures
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
meridiani.planum
12-11 01:04 PM
Pardon my ignorance.... Can you enlighten me as how Vertical and Horizontal spillover works ? What exactly happens in Vertical spillover and how is it different from horizontal.
horizonal is unused visa's from a category flow down to other categories this way:
EB2 ROW -> EB2India + EB2China -> EB3 ROW -> EB3 I+C, or
EB2 ROW -> EB2India + EB2China -> EB3 (ROW+I+C)
there is some controversity about the last one, some people believe it flows through EB3 ROW and comes down, others say EB3 is all treated equal. Based on data in the past (the fact that EB3 India got tens of thousnads of approvals in 05 and 06 even though EB3-ROW was retrogressed, means its mostly the latter (EB3 (ROW+I+C))
vertical is:
EB2 ROW -> EB3 ROW -> EB2India+EB2China -> EB3India+EB3China
horizonal is unused visa's from a category flow down to other categories this way:
EB2 ROW -> EB2India + EB2China -> EB3 ROW -> EB3 I+C, or
EB2 ROW -> EB2India + EB2China -> EB3 (ROW+I+C)
there is some controversity about the last one, some people believe it flows through EB3 ROW and comes down, others say EB3 is all treated equal. Based on data in the past (the fact that EB3 India got tens of thousnads of approvals in 05 and 06 even though EB3-ROW was retrogressed, means its mostly the latter (EB3 (ROW+I+C))
vertical is:
EB2 ROW -> EB3 ROW -> EB2India+EB2China -> EB3India+EB3China
2011 The quot;suturesquot; or anatomical
softwareguy
07-06 01:35 PM
July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability
The State Department�s Immigrant Visa Control office provided AILA a copy of the notice sent to USCIS Section 245 Adjudications on July 2, 2007. AILA Doc. No. 07070663.
I don't have access to AILA.com website but this is what I gathered. - Not sure what it means.
The State Department�s Immigrant Visa Control office provided AILA a copy of the notice sent to USCIS Section 245 Adjudications on July 2, 2007. AILA Doc. No. 07070663.
I don't have access to AILA.com website but this is what I gathered. - Not sure what it means.
more...
javaconsultant
01-13 11:46 PM
My PD is June 2002 from CA in EB3/RIR category.
I did not get my approval yet !
I did not get my approval yet !
gclabor07
05-30 02:22 PM
Let's contribute and give IV the muscle it needs. Can we?
more...
chanduv23
05-14 03:57 PM
Does anyone know the process involved in 140 revocation? What is the INS processing fee? How much does an Attorney charge and what exactly do these employers write to USCIS?
2010 All bones of the skull except
raysaikat
01-06 09:23 PM
Univs take business decisions. Enrollment generates revenue through tuition. Some states also pay State Schools for each registered credit.
Univs have to admit whatever is available. Some crappy students (foriegn + American) have to be admitted. Some state schools have very low requirements for in-state students. There is no choice.
Further, these students have to graduate. Once again, there is no choice.
For most departments, faculty quality is independent of student quality.
I couldn't agree more!
Univs have to admit whatever is available. Some crappy students (foriegn + American) have to be admitted. Some state schools have very low requirements for in-state students. There is no choice.
Further, these students have to graduate. Once again, there is no choice.
For most departments, faculty quality is independent of student quality.
I couldn't agree more!
more...
isedkeem
03-07 03:37 PM
I was in India recently for a 2 months vacation, and some work from our Indian office,. First few days were tough , lot of dust , traffic , pollution, But after 2 weeks i was loving it the old way .. and when i was flying back i realized I love Delhi .
...
When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.
So everyone has to take a personal decision, based on personal factors..
I went on a business trip to Delhi and Mumbai last year for about 10 days. I stayed at very expensive hotels (Leela in Mumbai, don't remember the Delhi one) but somehow I did not feel that it was worth the $300+ a night or so. The hotels were about the same standard as a Best Western or a Holiday Inn in the US which tend to go for $60-80 usually. There were no reasonable budget options for $100 like in the US. The value for money seems much less in India IMO. I have been to China and Brazil too and the general standards there seem to be orders of magnitude higher.
...
When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.
So everyone has to take a personal decision, based on personal factors..
I went on a business trip to Delhi and Mumbai last year for about 10 days. I stayed at very expensive hotels (Leela in Mumbai, don't remember the Delhi one) but somehow I did not feel that it was worth the $300+ a night or so. The hotels were about the same standard as a Best Western or a Holiday Inn in the US which tend to go for $60-80 usually. There were no reasonable budget options for $100 like in the US. The value for money seems much less in India IMO. I have been to China and Brazil too and the general standards there seem to be orders of magnitude higher.
hair The skull is made up of 29
panky72
06-24 10:59 PM
shouldn't we think a little about our gain too ;) ..
:DAgreed.
:DAgreed.
more...
vasa
07-07 11:46 PM
The NYT Editorial is on reddit. Please go vote on it...
Search for immigration malpractice.
dugged/reddit...
this was a good article
Search for immigration malpractice.
dugged/reddit...
this was a good article
hot Anatomy of the normal skull of
arnab221
06-20 10:43 AM
I was wondering which center my PERM app will go? Atlanta or Chicago? My co is detroit based. I am just filing now, so if it goes to chicago, there is a chance that I can file my I-140 before 1st October deadline (assuming the new CIR becomes law) .
any clues?
lotr
Detroit = Michigan --> Chicago.
CIR will not pass. Relax !! Not worth losing your sleep over the joke that is CIR .
any clues?
lotr
Detroit = Michigan --> Chicago.
CIR will not pass. Relax !! Not worth losing your sleep over the joke that is CIR .
more...
house Drill a skull hole (ø 2x2 mm,
sunsuri
07-04 06:10 PM
It would be helpful if you few addresses for senators so that everyone can send letters right away.
tattoo the sutures of the skull.
yabadaba
01-02 11:48 AM
looks like some other orgs are referencing my oped for general information purposes
http://www.americas.org/item_30295
"This article was originally published by the sources above and is copyrighted by the sources above. We offer it here as an educational tool to increase understanding of global economics and social justice issues. We believe this is 'fair use' of copyrighted material as provided for in section 107 of the US Copyright Law. AMERICAS.ORG is a nonprofit Web site with the goal of educating and informing."
http://www.americas.org/item_30295
"This article was originally published by the sources above and is copyrighted by the sources above. We offer it here as an educational tool to increase understanding of global economics and social justice issues. We believe this is 'fair use' of copyrighted material as provided for in section 107 of the US Copyright Law. AMERICAS.ORG is a nonprofit Web site with the goal of educating and informing."
more...
pictures Skull: bony structure
Green.Tech
06-12 11:29 AM
got 1 friend to donate yest., he should be posting the receipt Id soon.. I have the ID but didn't wanna post myself to double count.
Guys, please persuade your friends and coworkers.
Thanks.
Good work, add78!
Guys, please persuade your friends and coworkers.
Thanks.
Good work, add78!
dresses Sutures of the skull amp;
desi485
11-08 05:02 PM
Chandu,
Thank you for taking time writing the blog. People like you make this website so much helpful and valuable.
I found one very detailed thread on Ron Gotcher's website. He mentioned that cancellation or revocation of I-140 doesn't automatically revokes EAD.
this is quite interesting and a big relief if true.
Click to read yourself (http://immigration-information.com/forums/showpost.php?p=18946&postcount=28)
I would suggest to read this thread completely to anyone who is AOS candidate. Even if you are not thinking of changing your job, during current economy, anyone should be prepared to use AC21 if needed.
"An EAD remains valid until it expires or is explicitly revoked. Since most AOS denials flow from I-140 problems, an EAD card is not going to get revoked immediately. If nothing else, they have to wait until the interval for an I-140 appeal has lapsed - even if you don't appeal."
Thank you for taking time writing the blog. People like you make this website so much helpful and valuable.
I found one very detailed thread on Ron Gotcher's website. He mentioned that cancellation or revocation of I-140 doesn't automatically revokes EAD.
this is quite interesting and a big relief if true.
Click to read yourself (http://immigration-information.com/forums/showpost.php?p=18946&postcount=28)
I would suggest to read this thread completely to anyone who is AOS candidate. Even if you are not thinking of changing your job, during current economy, anyone should be prepared to use AC21 if needed.
"An EAD remains valid until it expires or is explicitly revoked. Since most AOS denials flow from I-140 problems, an EAD card is not going to get revoked immediately. If nothing else, they have to wait until the interval for an I-140 appeal has lapsed - even if you don't appeal."
more...
makeup Joints called cranial sutures,
tinamatthew
07-21 04:26 PM
Please post. This will help all of us
girlfriend the spaces where sutures
sanjay
02-24 06:34 AM
I had been going though the same phase. More from the last 6 months, from when my dates are current and nothing is happening. Its been a long wait, more than 7 years and counting.
Only time I feel less pain is when I compare the pain, to a person or post from my land who are waiting from 2001 and still having hope. When I go to India and see some of my friends who are now project managers, I get to think whether it was worth the waiting or am I living in a black hole.
From last 4 - 5 years, even the salaries are at par. I could have enjoyed life more than here and be with my parents and friends. But, I don't have to blame anyone as it is me who choose to live in pain and now when I am used to it and had fear of loosing it.
But, then I still believe in GOD and know that he would make me sail through it one day.
No pun here but Cheers. Have faith in almighty and one day you will get answers to all your questions.
Only time I feel less pain is when I compare the pain, to a person or post from my land who are waiting from 2001 and still having hope. When I go to India and see some of my friends who are now project managers, I get to think whether it was worth the waiting or am I living in a black hole.
From last 4 - 5 years, even the salaries are at par. I could have enjoyed life more than here and be with my parents and friends. But, I don't have to blame anyone as it is me who choose to live in pain and now when I am used to it and had fear of loosing it.
But, then I still believe in GOD and know that he would make me sail through it one day.
No pun here but Cheers. Have faith in almighty and one day you will get answers to all your questions.
hairstyles Skull Sutures
priderock
06-01 03:31 PM
I may be wrong but this is just an omission in the language of the bill. The effective date was stated as the date the bill is introduced, I guess it will change to some thin like when it is signed in to law or sixty days or 180 days from that date. As I said I could be wrong, but it seemed unfair and not right to make it effective retroactively.
Note : this is for 140s only and not for AOS.
Note : this is for 140s only and not for AOS.
desi485
11-24 05:34 PM
I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
gc_eb2_waiter
06-01 03:37 PM
Does this mean no new Labors? or no new I-140s? or no new I-485s after May 2007. Someone with more information please clarify.
No comments:
Post a Comment