smc
07-23 09:45 PM
Am surprised that there is no communication from IV Core on this.
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satyasaich
03-08 01:34 PM
please call me
It keeps saying that the page cannot be displayed. Requesting for some expert's tips.
It keeps saying that the page cannot be displayed. Requesting for some expert's tips.
bpadala
05-20 12:50 AM
Hey,
This is the check list I used when I submitted my AC21 paper work last November when I moved out of my GC Sponsoring employer.
1. Cover letter mentioning you have all the eligibility to invoke AC21 after 180 days of filing your AOS and if your I140 is approved and as long as the roles and responsibilities are same or similar.
2. Attach an employer letter stating the job responsibilties mentioned on your Labour Certification petition along with your designation (Make sure it matches with one on your labour petition too). Make sure your employer adds something like providing employment even after your adjustment of status and its a permanent offer.
3. Attach approved I140 notice and pending I485 receipt
4. Attach your PERM/Regular LC petition.
5. Attach a copy of the AC21 memo which will remind there is a Govt Memo out to support your AC21..
This should help your case. I wish you success.
Thanks
This is the check list I used when I submitted my AC21 paper work last November when I moved out of my GC Sponsoring employer.
1. Cover letter mentioning you have all the eligibility to invoke AC21 after 180 days of filing your AOS and if your I140 is approved and as long as the roles and responsibilities are same or similar.
2. Attach an employer letter stating the job responsibilties mentioned on your Labour Certification petition along with your designation (Make sure it matches with one on your labour petition too). Make sure your employer adds something like providing employment even after your adjustment of status and its a permanent offer.
3. Attach approved I140 notice and pending I485 receipt
4. Attach your PERM/Regular LC petition.
5. Attach a copy of the AC21 memo which will remind there is a Govt Memo out to support your AC21..
This should help your case. I wish you success.
Thanks
2011 Serena Williams
manish_jain99
09-10 04:46 PM
I won't be able to join the Rally in Washington but can contribute some money to the cause that binds us all.
more...
Jaime
09-12 05:15 PM
Bump
RajForGC
06-10 09:25 PM
We filed EB2 (Rest of the World) 140/485 on May 18th and 140 already got approved on May 24, 485 is still pending. I also have Eb3 Labor and 140 approved (Dec 2005) and we transfer Priority Date of old EB3 case Sep 2005 of EB3 to EB2. So my question is if this Bill becomes a law then what will happen to my case?
more...
rvr_jcop
03-04 11:42 AM
Is your case at NSC? I have definitely noticed a pattern of pre-adjudcation activity from NSC for cases filed in July-August 2007.
I noticed that too, especially if the PD is 2003 or 2004, both EB2 and EB3.
I noticed that too, especially if the PD is 2003 or 2004, both EB2 and EB3.
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skd
04-14 10:53 AM
That is why I wanted to know
more...
desi3933
08-04 11:28 AM
>> 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.
Not correct. Please refer to visa bulletin. It has changed many times in last 10 years. In fact, last year it was current for EB-3. Again, please state facts only.
>> 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.
Greencard processing is based on employer-driven process. Most of the cost should be borne by the employer.
One should be responsible only for I-485 related fees. How it can be $15,000+.
Do you have any basis to back this claim of average $15,000-$20,000.
>> Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
Why are you bonded? You are free to join any employer of your choice.
After 180 days of I-485 filing date, one can avail AC-21 as well.
>> 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.
Are you really waiting for a decade?
>> We understand that you work with in the limits of the law ...
Same holds for person who has filed for I-485.
Again, I truly understand the frustration for EB-3 India applicants, but letter should be based on facts and words like bonded should be avoided. One should be able to back every single line of the letter.
Good Luck.
Not correct. Please refer to visa bulletin. It has changed many times in last 10 years. In fact, last year it was current for EB-3. Again, please state facts only.
>> 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.
Greencard processing is based on employer-driven process. Most of the cost should be borne by the employer.
One should be responsible only for I-485 related fees. How it can be $15,000+.
Do you have any basis to back this claim of average $15,000-$20,000.
>> Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
Why are you bonded? You are free to join any employer of your choice.
After 180 days of I-485 filing date, one can avail AC-21 as well.
>> 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.
Are you really waiting for a decade?
>> We understand that you work with in the limits of the law ...
Same holds for person who has filed for I-485.
Again, I truly understand the frustration for EB-3 India applicants, but letter should be based on facts and words like bonded should be avoided. One should be able to back every single line of the letter.
Good Luck.
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shreekhand
07-18 12:14 AM
Guys...all applications are pre-adjudicated irrespective of whether a PD is current according to the receipt date.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
more...
go_guy123
06-11 12:14 PM
All,
When this July bulletin was released, I had given the following points in that thread.
I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
Enough is enough. I have self respect.
Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
I am seriously thinking about going back to India. The reasons I was proding over are:
1. Well.. first and foremost, no hope of visa movement in near future.
2. Employer uncertainty. The company is not doing too well.
3. Tough job market and US economy will drag like this for another 2-3 years.
4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
5. Restart GC again which is another excruciating process - moneywise, timewise.
6. Wait again in the line for visa movement
7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
8. Cannot even think of having kids because job and life here is hanging by a thread.
9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
10. India is doing well and going to to do well in the future.
Is anyone else thinking on these lines?
Hi waitforevergc
You say that you are in non IT
If you don't mind which area are you in ? Oil/Mining/Finance sector ?.
You can try the Canada option like me. Lately Alberta/Canada closed
the door for IT people, therefore I am wondering if you have other options in Canada.
When this July bulletin was released, I had given the following points in that thread.
I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
Enough is enough. I have self respect.
Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
I am seriously thinking about going back to India. The reasons I was proding over are:
1. Well.. first and foremost, no hope of visa movement in near future.
2. Employer uncertainty. The company is not doing too well.
3. Tough job market and US economy will drag like this for another 2-3 years.
4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
5. Restart GC again which is another excruciating process - moneywise, timewise.
6. Wait again in the line for visa movement
7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
8. Cannot even think of having kids because job and life here is hanging by a thread.
9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
10. India is doing well and going to to do well in the future.
Is anyone else thinking on these lines?
Hi waitforevergc
You say that you are in non IT
If you don't mind which area are you in ? Oil/Mining/Finance sector ?.
You can try the Canada option like me. Lately Alberta/Canada closed
the door for IT people, therefore I am wondering if you have other options in Canada.
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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
more...
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SkilledWorker4GC
07-15 02:50 PM
Total So far 1340.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
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learning01
04-25 06:53 PM
We stood in the backlog queue. 3 years. 4 years. Now, we are standing in the I-485 adjustment of status (to apply) queue.
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
Easing retrogression helps some, but not may of us who are stuck at back log centeres
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
Easing retrogression helps some, but not may of us who are stuck at back log centeres
more...
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desi485
11-20 09:20 PM
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
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Suva
07-19 02:30 PM
I think you are wrong. When the application is entered into the system that date is called Notice date. Receipt date would be the date USCIS recieves the application.
Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.
Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.
more...
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longwaitfor
09-09 09:31 AM
acharaniya/ other members of thread.
I took home loan from SYNDICATE BANK, Hyderabad 3 yrs ago. The rates were reasonable and I'd recommend them, but you have to compromise little on service. You can directly transfer money from US to Syndicate bank.
My question here is I didn't knew that we can save money in the form of tax deductable/excemption here in US on interest paid in India for home loans. Could you please let me know further details? If possible the CPA who you worked/working with for tax returns.
Your help is greatly appreciated.
thanks bro
I took home loan from SYNDICATE BANK, Hyderabad 3 yrs ago. The rates were reasonable and I'd recommend them, but you have to compromise little on service. You can directly transfer money from US to Syndicate bank.
My question here is I didn't knew that we can save money in the form of tax deductable/excemption here in US on interest paid in India for home loans. Could you please let me know further details? If possible the CPA who you worked/working with for tax returns.
Your help is greatly appreciated.
thanks bro
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sam2006
09-13 10:34 AM
Milind123 YOU ARE THE MAN !!!
i guess you have crossed 400:p
I will make 100$ as promised later in the day
Comon Guys please wake up and contribute
Its now or NEVER!!!
please Help IV and Help Your Selves
i guess you have crossed 400:p
I will make 100$ as promised later in the day
Comon Guys please wake up and contribute
Its now or NEVER!!!
please Help IV and Help Your Selves
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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 .
wandmaker
06-09 12:29 PM
i was regular contributor to IV ..I stopped it ..
My request is ..
All postings on IV should identify the user as contributing member or a Free User.
That change will help IV to increase Funding ..
I will sign up for monthly recurring to IV if I see above change ..
You can add your contribution details to the signature. Remember, all the IVans are not paid for volunteer work. If you have time, please feel free to write the component compatible with joomla, paypal and google-checkout to implement this. We need to focus our energy on the action items, which will bring the benefit to immigration community through the bills that are in table.
My request is ..
All postings on IV should identify the user as contributing member or a Free User.
That change will help IV to increase Funding ..
I will sign up for monthly recurring to IV if I see above change ..
You can add your contribution details to the signature. Remember, all the IVans are not paid for volunteer work. If you have time, please feel free to write the component compatible with joomla, paypal and google-checkout to implement this. We need to focus our energy on the action items, which will bring the benefit to immigration community through the bills that are in table.
ssss
08-08 04:05 PM
Feb 2005 EB3 India
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