indyanguy
11-05 08:11 PM
So far lot of discussions on how to start LLC/Inc
but how to start a company without changing current status
Here is my status:
My wife and I are on H1 and we got our EAD's now the question are:-
My wife remains on her H1 for safe....until we get GC.
Is it possible me to stay on H1 and start a LLC using my EAD to do a parttime business ?
Please provide Pros and cons if any.....
Thanks
According to some lawyers, once you start using your EAD for either full time or part time work, your H1 is invalidated
but how to start a company without changing current status
Here is my status:
My wife and I are on H1 and we got our EAD's now the question are:-
My wife remains on her H1 for safe....until we get GC.
Is it possible me to stay on H1 and start a LLC using my EAD to do a parttime business ?
Please provide Pros and cons if any.....
Thanks
According to some lawyers, once you start using your EAD for either full time or part time work, your H1 is invalidated
srikondoji
08-02 03:42 PM
I have talked to a representative and he very patiently explained me about the mess.
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
This is true for NSC only.
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
This is true for NSC only.
Caliber
03-11 01:28 PM
Hi eb3retro,
I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice. I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application. Thanks.
I do not know if USCIS is going with receipt date or any procedure. My Receipt date is June 27, 2007. Notice date is August 9, 2007. My case is not touched either till now.
I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice. I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application. Thanks.
I do not know if USCIS is going with receipt date or any procedure. My Receipt date is June 27, 2007. Notice date is August 9, 2007. My case is not touched either till now.
andy007
07-17 11:59 PM
Once they accept I-485 in the system then they give us a Receipt#, with that Receipt we can file for EAD / AP (as long as your PD becomes available) then they will process your I-485, Just thinking.. what do you say guys ... Please lete me know.. Receipt Date Vs Visa Number ...
Thanks
Thanks
more...
SDdesi
08-12 12:32 PM
They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.
Just looking at the employment based inventory statistics, if every applicant were charged $2000 for visa recapture, it is close to $400M for uncle sam. All EB backlogs would be eliminated, new immigrants would continue contributing to Social security, pay taxes, buy new homes, invest etc... Cant they see the potential upside to this?
Just looking at the employment based inventory statistics, if every applicant were charged $2000 for visa recapture, it is close to $400M for uncle sam. All EB backlogs would be eliminated, new immigrants would continue contributing to Social security, pay taxes, buy new homes, invest etc... Cant they see the potential upside to this?
pappu
11-20 10:13 PM
Work in progress; comments welcome.
.
Thanks for the effort. All pls send PMs to jimi if you have comments.
.
Thanks for the effort. All pls send PMs to jimi if you have comments.
more...
grupak
08-17 09:52 PM
What if you spend 3-4 K in the new GC process, and after writing these letters USCIS wakes up and release statistics that they have 2000 EB-3 I pending for 2002/2003 and 1000 for 2004 will you still go ahead ? I guess for us the most important thing is to know how many cases are really pending. As I am not filing a new EB-2 and what if there are 15K cases in 2002/2003 and 50K in 2004, I'll be sitting here all my life looking at Visa bulletins :o
Getting the information would be of tremendous help. I already have my GC but I will write the letter after the necessary modification to reflect my status.
Also, I feel we need more participation in the recapture bill.
Getting the information would be of tremendous help. I already have my GC but I will write the letter after the necessary modification to reflect my status.
Also, I feel we need more participation in the recapture bill.
conundrum
09-10 09:41 AM
Other than the visa recapture, I guess at this point there isn't a whole lot we can do. I guess when we applied for GC we basically pawned our life to USCIS.
It is kind of sad that when they had visa available they weren't able to approve the cases before April '03. Pathetic!!
Enough of venting.... hopefully things might work out for the better this year!
It is kind of sad that when they had visa available they weren't able to approve the cases before April '03. Pathetic!!
Enough of venting.... hopefully things might work out for the better this year!
more...
pappu
02-01 11:59 PM
could someone take the initiative of organizing conference calls.
belmontboy
07-20 11:22 PM
the numbers may be exaggerated, but it doesnot change the facts..
even if we agree that its going to be 500k with 15-20% of them being indians, we still have a long wait ahead of us.
Rather than fighting among ourselves, we should channel our frustration/anger towards the fight for :
adding back unused visa numbers,
increase in GC numbers.
We can express our support to Senator Lofgren or whoever is leading this effort.
While we enjoy the interim benefits, our fight for permanent solution should not be obscured by it.
even if we agree that its going to be 500k with 15-20% of them being indians, we still have a long wait ahead of us.
Rather than fighting among ourselves, we should channel our frustration/anger towards the fight for :
adding back unused visa numbers,
increase in GC numbers.
We can express our support to Senator Lofgren or whoever is leading this effort.
While we enjoy the interim benefits, our fight for permanent solution should not be obscured by it.
more...
conundrum
03-12 03:54 PM
As much as I appreciate the efforts that the IV core team has put in, them being so secretive, it is almost like they have formed a cabal.
I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.
I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.
I know I am out of the rat race, so if you think I am being patronizing, my apologies.
I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.
I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.
I know I am out of the rat race, so if you think I am being patronizing, my apologies.
gc28262
07-15 08:02 AM
Sent my $5 throug bill pay.
more...
mirage
08-16 08:40 AM
guys, Please send out these letters....
------------------------------------------
To, 08/15/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. 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.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn’t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
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. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there’s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
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. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
------------------------------------------
To, 08/15/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. 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.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn’t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
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. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there’s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
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. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
nirav_patel
07-15 03:34 PM
just sent by billpay
more...
pmamp
07-12 10:36 AM
Where did you get your DL renewed? Which state? :confused:
Hoosier land - Indiana.
Hoosier land - Indiana.
PD_Dec2002
03-18 07:17 AM
Having said that, since we are non-resident aliens (i.e the ones without green card or US citizenship) will not get a stimulus package?
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
more...
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 ;)).
ItIsNotFunny
10-24 04:26 PM
Good job GCWonder & cnachu2.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
supers789
07-18 08:00 PM
Since most of the crowd will file 485 now and will get EAD, I was wondering, if IV will still be putting efforts to make the PD current, or to get the option of filing 485 even if PD is not current?
This will help those -
1. who are stuck in BEC and could not file 485
2. who changed jobs after seeing no movement in PD for months, and labor is not yet filed or approved by new employer.
I am one of them.. and was wondering if there are chances of getting EAD for us. Or we will be employer dependent always.. until .. forever...
Thanks!
This will help those -
1. who are stuck in BEC and could not file 485
2. who changed jobs after seeing no movement in PD for months, and labor is not yet filed or approved by new employer.
I am one of them.. and was wondering if there are chances of getting EAD for us. Or we will be employer dependent always.. until .. forever...
Thanks!
dummgelauft
06-11 09:43 AM
I would say fight back against the indirect discrimination against the Indian and Chinese nationals in the employment-based immigration.
If they want us to leave..then so be it..but they should say so directly. All India and Chinese EB immigrants please leave USA. Until that comes out of the US government directly, we can not be forced out through indirect policies.
Here are a few things you can do:
1) Withdraw all the $ you deposited in US banks from savings, checking, CDs and other investment accounts and setup an NRE account with an indian bank and move funds over. If you need you can bring back those funds in a day or two. Leave only bare minimum for your expenses in US banks. This would have an impact of ~$50K X 100K effect.
2) Do not leave the country just because the hopes of greencard are controlled, sqeeze out every $ from your jobs and economy as long as you are here.
3) Spend minimum and buy swadeshi when possible. Lets not give back even 10% of the income we make back into the economy. This is an economic blockade.
USCIS and US government has long harassed Indians in the name of greencard for a longtime and year after year we hear the same BS. Come on people, show some self-respect and fight back.
4) Those who are in foreclosure, stop paying your mortgage, your home is going to get foreclosed anyway.
5) Despite all this...those who still decide to leave to India, max out all your credit cards, leave your car in airport and abandon your home/apt without paying rent/mortgage for the few months before you leave.
TAKE all you can from your hard-lived and harassed lives out of this place before you do decide to move.
I am not keeping more than 5K in any of my US banks starting today. I am also pulling back from my mortgage application for 300K condo. I am determined to sell-off my investments in equities here and begin investing in BSE.
That is the least I could do to peacefully protest against the discrimination against me and my country people.
True to your handle, your ideas if implemented, can turn the tide (or move the mountain) as Sri Hanuman did!!
BUT, amigo, seriously, don't you think we, Indians as a community, are the biggest sell-outs. Only somebody with the caliber of Subhash Chandra Bose can bring us together
If they want us to leave..then so be it..but they should say so directly. All India and Chinese EB immigrants please leave USA. Until that comes out of the US government directly, we can not be forced out through indirect policies.
Here are a few things you can do:
1) Withdraw all the $ you deposited in US banks from savings, checking, CDs and other investment accounts and setup an NRE account with an indian bank and move funds over. If you need you can bring back those funds in a day or two. Leave only bare minimum for your expenses in US banks. This would have an impact of ~$50K X 100K effect.
2) Do not leave the country just because the hopes of greencard are controlled, sqeeze out every $ from your jobs and economy as long as you are here.
3) Spend minimum and buy swadeshi when possible. Lets not give back even 10% of the income we make back into the economy. This is an economic blockade.
USCIS and US government has long harassed Indians in the name of greencard for a longtime and year after year we hear the same BS. Come on people, show some self-respect and fight back.
4) Those who are in foreclosure, stop paying your mortgage, your home is going to get foreclosed anyway.
5) Despite all this...those who still decide to leave to India, max out all your credit cards, leave your car in airport and abandon your home/apt without paying rent/mortgage for the few months before you leave.
TAKE all you can from your hard-lived and harassed lives out of this place before you do decide to move.
I am not keeping more than 5K in any of my US banks starting today. I am also pulling back from my mortgage application for 300K condo. I am determined to sell-off my investments in equities here and begin investing in BSE.
That is the least I could do to peacefully protest against the discrimination against me and my country people.
True to your handle, your ideas if implemented, can turn the tide (or move the mountain) as Sri Hanuman did!!
BUT, amigo, seriously, don't you think we, Indians as a community, are the biggest sell-outs. Only somebody with the caliber of Subhash Chandra Bose can bring us together
conchshell
09-10 05:20 PM
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?
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