gene77
03-22 09:28 PM
@AllVNeedGCPC : Did you get any updates on I-485
@gene77 : When was your I-140 approved and what is your priority date.
Thanks!
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
@gene77 : When was your I-140 approved and what is your priority date.
Thanks!
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
wallpaper anime drawings of people.
rbharol
05-25 11:49 PM
It seems for back log accumulations centers it is "random in random out" policy...
They dont care. I think they have been told to delay it so much that we get frustrated and leave the country.
They dont care. I think they have been told to delay it so much that we get frustrated and leave the country.
vvicky72
07-11 10:07 AM
I am hoping this is not a typo from the mumbai consulate and USCIS visa bulletin will reflect the same.
My priority date is April 06. Does this mean that there is a chance for me to get the GC now?
How much time does it usually take for USCIS to approve the application after the priority date is current in the bulletin?
And lastly, what are the chances of USCIS staying on this date for EB2-I and not retrogressing it back to some old date (after it issues 1 yr EAD to everyone !!)?
My priority date is April 06. Does this mean that there is a chance for me to get the GC now?
How much time does it usually take for USCIS to approve the application after the priority date is current in the bulletin?
And lastly, what are the chances of USCIS staying on this date for EB2-I and not retrogressing it back to some old date (after it issues 1 yr EAD to everyone !!)?
2011 anime drawings of people
karan2004m
01-08 05:43 PM
what is this "professor-ji" all about?
are you his student or relative? y r u getting personal about a conversation.
For all the bad things you people have been saying about Professor-ji, you should read this great article he wrote for Businessweek.
Business Week
http://www.businessweek.com/smallbiz/content/sep2006/sb20060913_157784.htm
SEPTEMBER 14, 2006
Viewpoint
By Vivek Wadhwa
Are Indians the Model Immigrants?
A BusinessWeek.com columnist and accomplished businessman, Wadhwa shares his views on why Indians are such a successful immigrant group
They have funny accents, occasionally dress in strange outfits, and some wear turbans and grow beards, yet Indians have been able to overcome stereotypes to become the U.S.'s most successful immigrant group. Not only are they leaving their mark in the field of technology, but also in real estate, journalism, literature, and entertainment. They run some of the most successful small businesses and lead a few of the largest corporations. Valuable lessons can be learned from their various successes.
According to the 2000 Census, the median household income of Indians was $70,708—far above the national median of $50,046. An Asian-American hospitality industry advocacy group says that Indians own 50% of all economy lodging and 37% of all hotels in the U.S. AnnaLee Saxenian, a dean and professor at University of California, Berkeley, estimates that in the late 1990s, close to 10% of technology startups in Silicon Valley were headed by Indians.
You'll find Indian physicians working in almost every hospital as well as running small-town practices. Indian journalists hold senior positions at major publications, and Indian faculty have gained senior appointments at most universities. Last month, Indra Nooyi, an Indian woman, was named CEO of PepsiCo (PEP ) (see BusinessWeek.com, 8/14/06, "PepsiCo Shakes It Up").
A MODEST EXPLANATION. Census data show that 81.8% of Indian immigrants arrived in the U.S. after 1980. They received no special treatment or support and faced the same discrimination and hardship that any immigrant group does. Yet, they learned to thrive in American society. Why are Indians such a model immigrant group?
In the absence of scientific research, I'll present my own reasons for why this group has achieved so much. As an Indian immigrant myself, I have had the chance to live the American dream. I started two successful technology companies and served on the boards of several others. To give back, I co-founded the Carolinas chapter of a networking group called The Indus Entrepreneurs and mentored dozens of entrepreneurs.
Last year, I joined Duke University as an executive-in-residence to share my business experience with students (see BusinessWeek.com, 9/14/05, "Degrees of Achievement") and research how the U.S. can maintain its global competitive advantage (see BusinessWeek.com, 7/10/06, "Engineering Gap? Fact and Fiction").
1. Education. The Census Bureau says that 63.9% of Indians over 25 hold at least a bachelor's degree, compared with the national average of 24.4%. Media reports routinely profile graduates from one Indian college—the Indian Institute of Technology (IIT). This is a great school, but most successful Indians I know aren't IIT graduates. Neither are the doctors, journalists, motel owners, or the majority of technology executives. Their education comes from a broad range of colleges in India and the U.S. They believe that education is the best way to rise above poverty and hardship.
2. Upbringing. For my generation, what was most socially acceptable was to become a doctor, engineer, or businessperson. Therefore, the emphasis was on either learning science or math or becoming an entrepreneur.
3. Hard work. With India's competitive and rote-based education system, children are forced to spend the majority of their time on their schooling. For better or for worse, it's work, work, and more work for anyone with access to education.
4. Determination to overcome obstacles. In a land of over a billion people with a corrupt government, weak infrastructure, and limited opportunities, it takes a lot to simply survive, let alone get ahead. Indians learn to be resilient, battle endless obstacles, and make the most of what they have. In India, you're on your own and learn to work around the problems that the state and society create for you.
5. Entrepreneurial spirit. As corporate strategist C.K. Prahalad notes in his interview with BusinessWeek's Pete Engardio (see BusinessWeek.com, 1/23/06, "Business Prophet"), amidst the poverty, hustle, and bustle of overcrowded India is a "beehive of entrepreneurialism and creativity." After observing street markets, Prahalad says that "every individual is engaged in a business of some kind—whether it is selling single cloves of garlic, squeezing sugar cane juice for pennies a glass, or hauling TVs." This entrepreneurial sprit is something that most Indians grow up with.
6. Recognizing diversity. Indians hold many ethnic, racial, gender, and caste biases. But to succeed, they learn to overlook or adapt these biases when necessary. There are six major religions in India, and the Indian constitution recognizes 22 regional languages. Every region in the country has its own customs and character.
7. Humility. Talk to almost any immigrant, regardless of origin, and he will share stories about leaving social status behind in his home country and working his way up from the bottom of the ladder in his adopted land. It's a humbling process, but humility is an asset in entrepreneurship. You learn many valuable lessons when you start from scratch and work your way to success.
8. Family support/values. In the absence of a social safety net, the family takes on a very important role in Indian culture. Family members provide all kinds of support and guidance to those in need.
9. Financial management. Indians generally pride themselves on being fiscally conservative. Their businesses usually watch every penny and spend within their means.
10. Forming and leveraging networks. Indians immigrants found that one of the secrets to success was to learn from those who had paved the trails (see BusinessWeek.com, 6/6/05, "Ask for Help and Offer It").
Some examples: Successful Indian technologists in Silicon Valley formed an organization called The Indus Entrepreneurs to mentor other entrepreneurs and provide a forum for networking. TiE is reputed to have helped launch hundreds of startups, some of which achieved billions in market capitalization. This was a group I turned to when I needed help.
Top Indian journalists and academics created the South Asian Journalists Association (SAJA) to provide networking and assistance to newcomers. SAJA runs journalism conferences and workshops, and provides scholarships to aspiring South-Asian student journalists.
In the entertainment industry, fledgling filmmakers formed the South Asian American Films and Arts Association (SAAFA). Their mission is the promotion of South Asian cinematic and artistic endeavors, and mentoring newcomers.
11. Giving back. The most successful entrepreneurs I know believe in giving back to the community and society that has given them so much opportunity. TiE founders invested great effort to ensure that their organization was open, inclusive, and integrated with mainstream American society. Their No. 1 rule was that their charter members would give without taking. SAJA officers work for top publications and universities, yet they volunteer their evenings and weekends to run an organization to assist newcomers.
12. Integration and acceptance. The Pew Global Attitudes Project, which conducts worldwide public opinion surveys, has shown that Indians predominantly hold favorable opinions of the U.S. When Indians immigrate to the U.S, they usually come to share the American dream and work hard to integrate.
Indians have achieved more overall business success in less time in the U.S. than any other recent immigrant group. They have shown what can be achieved by integrating themselves into U.S. society and taking advantage of all the opportunities the country offers.
Wadhwa, the founder of two software companies, is an Executive-in-Residence/Adjunct Professor at Duke University. He is also the co-founder of TiE Carolinas, a networking and mentoring group.
are you his student or relative? y r u getting personal about a conversation.
For all the bad things you people have been saying about Professor-ji, you should read this great article he wrote for Businessweek.
Business Week
http://www.businessweek.com/smallbiz/content/sep2006/sb20060913_157784.htm
SEPTEMBER 14, 2006
Viewpoint
By Vivek Wadhwa
Are Indians the Model Immigrants?
A BusinessWeek.com columnist and accomplished businessman, Wadhwa shares his views on why Indians are such a successful immigrant group
They have funny accents, occasionally dress in strange outfits, and some wear turbans and grow beards, yet Indians have been able to overcome stereotypes to become the U.S.'s most successful immigrant group. Not only are they leaving their mark in the field of technology, but also in real estate, journalism, literature, and entertainment. They run some of the most successful small businesses and lead a few of the largest corporations. Valuable lessons can be learned from their various successes.
According to the 2000 Census, the median household income of Indians was $70,708—far above the national median of $50,046. An Asian-American hospitality industry advocacy group says that Indians own 50% of all economy lodging and 37% of all hotels in the U.S. AnnaLee Saxenian, a dean and professor at University of California, Berkeley, estimates that in the late 1990s, close to 10% of technology startups in Silicon Valley were headed by Indians.
You'll find Indian physicians working in almost every hospital as well as running small-town practices. Indian journalists hold senior positions at major publications, and Indian faculty have gained senior appointments at most universities. Last month, Indra Nooyi, an Indian woman, was named CEO of PepsiCo (PEP ) (see BusinessWeek.com, 8/14/06, "PepsiCo Shakes It Up").
A MODEST EXPLANATION. Census data show that 81.8% of Indian immigrants arrived in the U.S. after 1980. They received no special treatment or support and faced the same discrimination and hardship that any immigrant group does. Yet, they learned to thrive in American society. Why are Indians such a model immigrant group?
In the absence of scientific research, I'll present my own reasons for why this group has achieved so much. As an Indian immigrant myself, I have had the chance to live the American dream. I started two successful technology companies and served on the boards of several others. To give back, I co-founded the Carolinas chapter of a networking group called The Indus Entrepreneurs and mentored dozens of entrepreneurs.
Last year, I joined Duke University as an executive-in-residence to share my business experience with students (see BusinessWeek.com, 9/14/05, "Degrees of Achievement") and research how the U.S. can maintain its global competitive advantage (see BusinessWeek.com, 7/10/06, "Engineering Gap? Fact and Fiction").
1. Education. The Census Bureau says that 63.9% of Indians over 25 hold at least a bachelor's degree, compared with the national average of 24.4%. Media reports routinely profile graduates from one Indian college—the Indian Institute of Technology (IIT). This is a great school, but most successful Indians I know aren't IIT graduates. Neither are the doctors, journalists, motel owners, or the majority of technology executives. Their education comes from a broad range of colleges in India and the U.S. They believe that education is the best way to rise above poverty and hardship.
2. Upbringing. For my generation, what was most socially acceptable was to become a doctor, engineer, or businessperson. Therefore, the emphasis was on either learning science or math or becoming an entrepreneur.
3. Hard work. With India's competitive and rote-based education system, children are forced to spend the majority of their time on their schooling. For better or for worse, it's work, work, and more work for anyone with access to education.
4. Determination to overcome obstacles. In a land of over a billion people with a corrupt government, weak infrastructure, and limited opportunities, it takes a lot to simply survive, let alone get ahead. Indians learn to be resilient, battle endless obstacles, and make the most of what they have. In India, you're on your own and learn to work around the problems that the state and society create for you.
5. Entrepreneurial spirit. As corporate strategist C.K. Prahalad notes in his interview with BusinessWeek's Pete Engardio (see BusinessWeek.com, 1/23/06, "Business Prophet"), amidst the poverty, hustle, and bustle of overcrowded India is a "beehive of entrepreneurialism and creativity." After observing street markets, Prahalad says that "every individual is engaged in a business of some kind—whether it is selling single cloves of garlic, squeezing sugar cane juice for pennies a glass, or hauling TVs." This entrepreneurial sprit is something that most Indians grow up with.
6. Recognizing diversity. Indians hold many ethnic, racial, gender, and caste biases. But to succeed, they learn to overlook or adapt these biases when necessary. There are six major religions in India, and the Indian constitution recognizes 22 regional languages. Every region in the country has its own customs and character.
7. Humility. Talk to almost any immigrant, regardless of origin, and he will share stories about leaving social status behind in his home country and working his way up from the bottom of the ladder in his adopted land. It's a humbling process, but humility is an asset in entrepreneurship. You learn many valuable lessons when you start from scratch and work your way to success.
8. Family support/values. In the absence of a social safety net, the family takes on a very important role in Indian culture. Family members provide all kinds of support and guidance to those in need.
9. Financial management. Indians generally pride themselves on being fiscally conservative. Their businesses usually watch every penny and spend within their means.
10. Forming and leveraging networks. Indians immigrants found that one of the secrets to success was to learn from those who had paved the trails (see BusinessWeek.com, 6/6/05, "Ask for Help and Offer It").
Some examples: Successful Indian technologists in Silicon Valley formed an organization called The Indus Entrepreneurs to mentor other entrepreneurs and provide a forum for networking. TiE is reputed to have helped launch hundreds of startups, some of which achieved billions in market capitalization. This was a group I turned to when I needed help.
Top Indian journalists and academics created the South Asian Journalists Association (SAJA) to provide networking and assistance to newcomers. SAJA runs journalism conferences and workshops, and provides scholarships to aspiring South-Asian student journalists.
In the entertainment industry, fledgling filmmakers formed the South Asian American Films and Arts Association (SAAFA). Their mission is the promotion of South Asian cinematic and artistic endeavors, and mentoring newcomers.
11. Giving back. The most successful entrepreneurs I know believe in giving back to the community and society that has given them so much opportunity. TiE founders invested great effort to ensure that their organization was open, inclusive, and integrated with mainstream American society. Their No. 1 rule was that their charter members would give without taking. SAJA officers work for top publications and universities, yet they volunteer their evenings and weekends to run an organization to assist newcomers.
12. Integration and acceptance. The Pew Global Attitudes Project, which conducts worldwide public opinion surveys, has shown that Indians predominantly hold favorable opinions of the U.S. When Indians immigrate to the U.S, they usually come to share the American dream and work hard to integrate.
Indians have achieved more overall business success in less time in the U.S. than any other recent immigrant group. They have shown what can be achieved by integrating themselves into U.S. society and taking advantage of all the opportunities the country offers.
Wadhwa, the founder of two software companies, is an Executive-in-Residence/Adjunct Professor at Duke University. He is also the co-founder of TiE Carolinas, a networking and mentoring group.
more...
wandmaker
05-23 12:52 PM
^
ItIsNotFunny
10-21 11:06 AM
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
Guys,
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
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
Guys,
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
more...
Miya Maqbool
09-10 03:32 PM
HI Pappu,
PLease post the total amount received end of the day on the web site....
Hopefully we will exceed the required amount....
Go IV!!!
PLease post the total amount received end of the day on the web site....
Hopefully we will exceed the required amount....
Go IV!!!
2010 anime drawings of people
addsf345
11-21 02:49 PM
In addition to my above post, one can be on h1b and keep getting h1b extensions and apply for consular processing instead of AOS.
You know what, my head is going bananas. What you said makes sense too. May be it finally boils down to what IO thinks who is handling your case and LUCK!
You know what, my head is going bananas. What you said makes sense too. May be it finally boils down to what IO thinks who is handling your case and LUCK!
more...
ashutrip
06-19 03:56 PM
IV Core, please help members like us whose applications are pending at the Atlanta PERM Processing Center. In spite of officials informing that they will reassign their staff to process PERM applications a month back, there seems to be no progress so far. Please help us get out of this mess as our applications have been pending at this center for few months now. We would like to take this opportunity to apply for the next two stages while PD are current. By the way, I had an old case at BEC and got an approval. I just changed my job and reapplied through PERM, and then all of a sudden PD became current. I have been in this mess for 5 years now. It was just an unfortunate timing of my job change that screwed me up.
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
What help can IV provide us with?
They have nothing to do with this mess in Atlanta Center
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
What help can IV provide us with?
They have nothing to do with this mess in Atlanta Center
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Madhuri
09-10 04:42 PM
Order Details - Sep 10, 2007 4:01 PM CDT
Google Order #722113062529813
Unfortunately I can not make it to the rally since I'll be starting on a new project. Contributed a small $100 towards this GREAT effort.
Go IV!
Google Order #722113062529813
Unfortunately I can not make it to the rally since I'll be starting on a new project. Contributed a small $100 towards this GREAT effort.
Go IV!
more...
jk333
07-23 01:47 PM
Just sharing so that this encorages more participation..
Our company fund drive is at 12500$ (in 4 days).. We're trying to hit 15K
by Wednesday, which I hope we'll be able to race past.
Any other company wants to challenge our Drive? :)
Hi guys,
I am sure every company would have their own 'stuck in gc process' alias.
Please start an IV fund drive, so that you can do this on a company basis.
Theres one going on in mine..and guess what..20 contributions in a couple of hours.
Our company fund drive is at 12500$ (in 4 days).. We're trying to hit 15K
by Wednesday, which I hope we'll be able to race past.
Any other company wants to challenge our Drive? :)
Hi guys,
I am sure every company would have their own 'stuck in gc process' alias.
Please start an IV fund drive, so that you can do this on a company basis.
Theres one going on in mine..and guess what..20 contributions in a couple of hours.
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husamymd
01-03 04:30 PM
I am a July 27th filer, got email that AP approved Dec 20th. Not recieved it physically yet.
more...
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ronhira
07-06 02:32 PM
Guys for sake of transparency and moving ahead with a change, we should hold elections for the core team. Lobbying efforts are not working at all.
absolutely, i need to see microsoft projects to keep track of the lobbying project. why can't the current folks show progress as per the microsoft projects plan. after the end of time and budget, we need to see the result in the form of our GC. that's how we do all our projects at work. why is this lobbying thing any different.
if i can summarize bawa's point, we need to cut all ties with democrats, trash obama repeatedly unless we are sure that we have aligned with sarah palin and we are sure that we have been sidelined for next 8 years. wonderful strategy to ensure 100% failure, i luv it, the change we can believe in.
absolutely, i need to see microsoft projects to keep track of the lobbying project. why can't the current folks show progress as per the microsoft projects plan. after the end of time and budget, we need to see the result in the form of our GC. that's how we do all our projects at work. why is this lobbying thing any different.
if i can summarize bawa's point, we need to cut all ties with democrats, trash obama repeatedly unless we are sure that we have aligned with sarah palin and we are sure that we have been sidelined for next 8 years. wonderful strategy to ensure 100% failure, i luv it, the change we can believe in.
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kshitijnt
06-26 02:22 PM
not necessary ...replacements are difficult for key jobs and expertise. if the right person leaves the job ..then a small / medium (or even large ones) can go off road. more than replacement ..it is the effort to find the right person, train him ..and for that person to go through the experience curve ..(I guess you are looking from your level ..are you in s.ware or in testing ?....if yes, you need to look at other higher levels ..ofcourse, for such people EB1 is available ..)
but I agree ..it does not hurt US as much since economy is so huge ..but it can definitely hurt the business firms ..this was the main reason why the law was changed (or passed) ..to allow H-1 people to continue staying even after 6 years ..earlier they had to leave compulsorily..(I am not an expert ..so feel free to correct).
and this can happen either at highly skilled level in a big company to a smaller business..
for e.g. a restaurant can go out of business if their main skilled cook is forced to leave due to immi (or something else).
and ofcourse a v.big company may lose a skilled analyst (and similarly a scientist etc etc)
Thats one thing. Again we are talking of replacing these key people in NUMBERS aka thousands? So what does america gain?
but I agree ..it does not hurt US as much since economy is so huge ..but it can definitely hurt the business firms ..this was the main reason why the law was changed (or passed) ..to allow H-1 people to continue staying even after 6 years ..earlier they had to leave compulsorily..(I am not an expert ..so feel free to correct).
and this can happen either at highly skilled level in a big company to a smaller business..
for e.g. a restaurant can go out of business if their main skilled cook is forced to leave due to immi (or something else).
and ofcourse a v.big company may lose a skilled analyst (and similarly a scientist etc etc)
Thats one thing. Again we are talking of replacing these key people in NUMBERS aka thousands? So what does america gain?
more...
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inspectorfox
07-19 05:02 PM
http://www.imminfo.com/resources/cissop.html
Does anyone have the SOP for I-140?
Does anyone have the SOP for I-140?
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hpandey
08-11 03:52 PM
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
more...
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sfcwtu
10-05 08:49 AM
I am pessimistic about it too. It won't attract congress's attention until news breaking out that, patients are dying due to lack of nurses.
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losthope
06-11 01:07 AM
packing the bag and back to home will be great! If we wait the way there are predicting it may not be worth!! because your may get a green card in 1....n years but the time you have spent can't be rewind for the things you have planned for previous years to implement. Since the back home economy is getting better we may be able to add our effort to take it to next level and make the maximum of this time.
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Libra
09-15 10:42 PM
where are first time contributors, Milind is waiting for so long, com on now, dont make him wait.
srikondoji
08-02 04:08 PM
This was answered in the trail of threads following the first post. However for the benefit of all, i updated the original post.
Please refer back to it.
Any updates for TSC who sent their applications to NSC??
Please refer back to it.
Any updates for TSC who sent their applications to NSC??
prom2
09-28 10:23 PM
Last week we saw just few approvals, so I guess this FY is over.
I don't think they are going to work 24 hours this weekend.
Visa number rollover now !
I don't think they are going to work 24 hours this weekend.
Visa number rollover now !
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