tikka
06-01 03:53 PM
Senior members could you please encourage new and junior members to:
send more web faxes
make contributions
thank you
send more web faxes
make contributions
thank you
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ski_dude12
09-27 10:25 AM
One of my co-workers had similar situation. He had PD in 2001 on EB3.
He talked to his employer to port to EB2. Porting process/approval took about a year but after that it took only 2 months to get approval.
You should be able to switch from EB3 to EB2.
Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.
He talked to his employer to port to EB2. Porting process/approval took about a year but after that it took only 2 months to get approval.
You should be able to switch from EB3 to EB2.
Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.
sam_hoosier
03-19 12:10 PM
Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
I was in the exact same boat 3-4 months ago. I had even paid $ 400 for appraisal and at the last minute the lender backed out.
However, I have managed to secure refinancing at a substantially lower rate with a different mortgage company. Send me a PM and I can let you know the details if you are still in the market for a refi.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
I was in the exact same boat 3-4 months ago. I had even paid $ 400 for appraisal and at the last minute the lender backed out.
However, I have managed to secure refinancing at a substantially lower rate with a different mortgage company. Send me a PM and I can let you know the details if you are still in the market for a refi.
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ivgclive
12-11 02:55 PM
i sent all documents to loan officer at wells fargo for refinance. I sent I-140, EAD copy for immigration documents. just got email from loan office that he received my file back from underwriter and ask for greencard copy front and back as underwriter said EAD is not acceptable (Employer can not sponsor borrower).
could anybody please tell me what to do now?
thank you:(
May be they approve loan for only people who run away and screw up economy.
Try with a different bank.
There are many who bought home with H1B visa.
My street has 3 people who are in H1B (not even 140 approved) and great homes.
could anybody please tell me what to do now?
thank you:(
May be they approve loan for only people who run away and screw up economy.
Try with a different bank.
There are many who bought home with H1B visa.
My street has 3 people who are in H1B (not even 140 approved) and great homes.
more...
Mouns
04-30 03:37 PM
And the situation prior to surge wasnt any better either. I remember in 2006, the PD for India EB3 was April 2001 and now its Nov 2001. :mad:
This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)
This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)
GOTGC
07-25 07:56 AM
We applied in Nebraska in August 2003, Cleared in State on August 29th 2003, Transferred to Chicago DOL on Sept 1st 2003..Got Certfied on Oct 16th 2003...So yes..in some states Labor was VERY Quick.
more...
indio0617
03-09 11:22 AM
hi indio
which cap on Nurse are they talking about. Is it the EB cap or H1B cap?
They voted YES to include amendment to eliminate EB visa cap for Nurses (India, PHI)
Will send the Nursing comm into raptures if it finall passes into law. Strong indications that it will make it. Of course that will have major impact on EB3 numbers, I guess
which cap on Nurse are they talking about. Is it the EB cap or H1B cap?
They voted YES to include amendment to eliminate EB visa cap for Nurses (India, PHI)
Will send the Nursing comm into raptures if it finall passes into law. Strong indications that it will make it. Of course that will have major impact on EB3 numbers, I guess
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amsgc
06-05 10:25 PM
Lets make it happen folks!
more...
carbon
07-20 03:27 PM
I thought Grassley is against skilled immigration!
He voted Yea!
He voted Yea!
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sam2006
09-09 10:48 PM
Just contributed $200.
Google order: #752574347294392
thanks a lot ....
Google order: #752574347294392
thanks a lot ....
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matreen
10-17 01:58 AM
Guys,
I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,
Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).
Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)
Is that going to cause any problem to my 485 process?
Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?
I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..
Thanks,
M
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,
Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).
Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)
Is that going to cause any problem to my 485 process?
Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?
I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..
Thanks,
M
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
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amitkhare77
11-08 04:25 PM
My company filed labor application on 13th September 2010 and it was approved on 2nd November 2010. Now getting ready for I-140. I thought I will share this info with the forum
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sravs1234
01-10 09:36 PM
Thanks sy. I fully agree it's the agent we deal with. My BOA loan coordinator is extremely stubborn & doesn't have any clue regarding immigration. From day 1 she is stuck on unexpired I-94 & till today she asks me to furnish that. Is it possible that I can contact you or any of your friends through email / phone & discuss to check where I am going wrong. I can furnish my contact details if needed.
I am not how comfortable my friends would be, but, you can certainly contact me for any help/details you may want. sumanthyenduri@gmail.com is my email address.
sy
I am not how comfortable my friends would be, but, you can certainly contact me for any help/details you may want. sumanthyenduri@gmail.com is my email address.
sy
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ashutrip
06-20 11:50 AM
This is a really good site that shows the trends for everything (PERM, H1 transfer etc). Although the accuracy depends on the number of people who add their cases, it was almost exact to the day for my H1 transfer.
it shows jan case still pending!!!!!!!!!!!!1:(
it shows jan case still pending!!!!!!!!!!!!1:(
more...
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vegasbaby
02-25 11:09 AM
To those with H-1 extension issues:-
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
I don't think they are more experienced..I think they just need the more $1000 bucks that we pay..Money talks..
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
I don't think they are more experienced..I think they just need the more $1000 bucks that we pay..Money talks..
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ajay
03-22 12:23 AM
I am in a bind now, appreciate any advice,
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
more...
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s_r_e_e
09-10 02:29 PM
I am surprised that, many are surprised about the OCT dates! expected!
recapture or die! :)
recapture or die! :)
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geevikram
12-12 02:44 AM
Thanks for your advise on paying to IV. We posted our way of thinking!
And to accomplish your way of thinking IV NEEDS DONATIONS. Not just for your smaller goals but for the overall good.
And to accomplish your way of thinking IV NEEDS DONATIONS. Not just for your smaller goals but for the overall good.
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sparky_jones
03-05 09:49 PM
My PD is March-2003 and I didn't get the labor cleared till Late 2006
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
Not everyone from 2003 landed in the BECs. In those days, the processing time depended a lot on the state where the labor was filed from (and also on whether the case was filed in the RIR track, or the Non RIR track). My PD was Aug 2003 in the Non RIR track in MA. A friend of mine had a PD of May 2003 in the RIR track, also from MA. His labor was cleared in early 2004 before the BEC hell began. I got stuck in BEC. As luck would have it, retrogression struck and now we are both in the same boat!
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
Not everyone from 2003 landed in the BECs. In those days, the processing time depended a lot on the state where the labor was filed from (and also on whether the case was filed in the RIR track, or the Non RIR track). My PD was Aug 2003 in the Non RIR track in MA. A friend of mine had a PD of May 2003 in the RIR track, also from MA. His labor was cleared in early 2004 before the BEC hell began. I got stuck in BEC. As luck would have it, retrogression struck and now we are both in the same boat!
vegasbaby
02-25 11:07 AM
Guys/Gals,
Put your hand on your heart and say ALLL IZZZZ WELLLL!!!!!!!
Put your hand on your heart and say ALLL IZZZZ WELLLL!!!!!!!
axp817
12-02 03:15 PM
So I had another set of soft LUDs on my approved 140, 485, approved EAD and approved AP today. This was the 4th LUD on my 485 and the 3rd LUD on the rest of the applications in the past week, and I was losing my mind worrying about receiving a denial or an RFE just before my trip abroad, leaving me with not enough time to respond to the RFE.
So I decided to call Customer Service, and after trying a million options on the voice prompt I finally managed to reach the Nebraska Service Center.
Upon inquiring about the LUDs with no status change, I was told that it was triggered due to the attorney name change and address change. My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address. But anyway, the lady on the phone was kind enough to change it to the new address. I didn't bother asking her if they had received the AC21 letter, I wasn't going to take the risk of having to argue with someone on the phone that switching employers is allowed under the AC21 law, etc. I was just happy to find out that the G28N had processed successfully and that I didn't have to expect a denial or RFE at least in the near future.
Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.
Thanks,
So I decided to call Customer Service, and after trying a million options on the voice prompt I finally managed to reach the Nebraska Service Center.
Upon inquiring about the LUDs with no status change, I was told that it was triggered due to the attorney name change and address change. My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address. But anyway, the lady on the phone was kind enough to change it to the new address. I didn't bother asking her if they had received the AC21 letter, I wasn't going to take the risk of having to argue with someone on the phone that switching employers is allowed under the AC21 law, etc. I was just happy to find out that the G28N had processed successfully and that I didn't have to expect a denial or RFE at least in the near future.
Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.
Thanks,
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