pmpforgc
03-05 10:26 PM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Just to clarify your logic of thoughts: when you came here you came here on H-1 (non-immigrat visa) to work and make money. At a time you were never immigrant, you were TEMORARY WORKER. on coming here, probably after experiencing few years life here and comparing that to your home country, you felt it better and DECIDED To IMMIGRATE and APPLIED FOR GC. Unfortunately that process is legal mess so you dont like that mess. But if you do little soul search if you didnt like here you should not have applied for your GC, Just have made money (as your initial objective) and went back home with strong experience and lot of cash. I have seen couple of people doing that. They come here, they feel that this country is not for them, they still stay on H1 make money survive on very less money and then go home. Once they go home they even dont need to work if they wish so. But you did not made that choice but decided to stay here, not because of GC, GC was just medium to stay here.
Hope this help in little soul searching for you.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Just to clarify your logic of thoughts: when you came here you came here on H-1 (non-immigrat visa) to work and make money. At a time you were never immigrant, you were TEMORARY WORKER. on coming here, probably after experiencing few years life here and comparing that to your home country, you felt it better and DECIDED To IMMIGRATE and APPLIED FOR GC. Unfortunately that process is legal mess so you dont like that mess. But if you do little soul search if you didnt like here you should not have applied for your GC, Just have made money (as your initial objective) and went back home with strong experience and lot of cash. I have seen couple of people doing that. They come here, they feel that this country is not for them, they still stay on H1 make money survive on very less money and then go home. Once they go home they even dont need to work if they wish so. But you did not made that choice but decided to stay here, not because of GC, GC was just medium to stay here.
Hope this help in little soul searching for you.
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optimystic
09-10 05:00 PM
I still don't get it how USCIS works...:( Guess its high time somebody from USCIS writes a book or whitepaper on this subject. Or some post-grad can try writing a thesis on this to get their PhD! :rolleyes:
And if he is a immigrant student trying for GC, then he could include his own biography in his thesis :D
And if he is a immigrant student trying for GC, then he could include his own biography in his thesis :D
nk2006
10-16 04:29 PM
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
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khukubindu
01-19 02:05 PM
In my area there is no Infopass appointment available before my departure. What is the difference between departing with approval notice in hand and
with knowing that application has been approved but depart without the physical approval notice in hand before departure and get it aborad if my friend mail it to my place in abroad and later entering with that . Anybody could help in this situation with some advice.
with knowing that application has been approved but depart without the physical approval notice in hand before departure and get it aborad if my friend mail it to my place in abroad and later entering with that . Anybody could help in this situation with some advice.
more...
HV000
07-21 07:46 PM
It's A Shame That Most Of Preminant Democrats Have Voted No!!!
forgerator
05-25 01:40 PM
I just got a response today from my employer that my labor has been approved today :D under EB3. It was applied on March 29 & approved today (May 25) its just shy of 2 months.
Congrats! That is encouraging to hear. My EB2 was filed on Apr 19, so hopefully will take another month...
Congrats! That is encouraging to hear. My EB2 was filed on Apr 19, so hopefully will take another month...
more...
add78
06-18 02:54 PM
please persuade your friends to join IV and donate.
each donation counts towards the goal and inspires others.
bump....
each donation counts towards the goal and inspires others.
bump....
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ramus
07-06 12:20 PM
Thank you.. I am sure this thread is going to get more and more visits..
I have changed the thread title.
I have changed the thread title.
more...
JazzByTheBay
09-10 08:53 PM
It doesn't hurt to dream... :)
jazz
Guys,
Keep the cool. USCIS is very unpredictable as we all have seen. Get ready to see the dates move forward pretty quickly this year! There are more chances to have increased visa numbers and things can only go UP from here on.
Watch the documentray "The Secret" and put your positive thoughts out there...
jazz
Guys,
Keep the cool. USCIS is very unpredictable as we all have seen. Get ready to see the dates move forward pretty quickly this year! There are more chances to have increased visa numbers and things can only go UP from here on.
Watch the documentray "The Secret" and put your positive thoughts out there...
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ndny
07-14 05:17 PM
Done!
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Don't ask me the reason why $11 ? Let me clarify; the amount of $11, $21, $51 ..etc...are called lucky amounts...
$11.00
BoA C# 7YBHX-VPQKG
Don't ask me the reason why $11 ? Let me clarify; the amount of $11, $21, $51 ..etc...are called lucky amounts...
more...
saibabu_d
07-18 01:40 PM
50$ each month.
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05-28 06:34 PM
Fha
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a_paradkar
07-14 01:39 PM
Done.
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natrajs
09-09 10:30 AM
Contributed $ 100 - Google
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maine_gc
07-19 10:29 AM
Do you know Aman spent $64000+ in the past 18 months for IV?
Please read this thread before you make a decision on your donation. We need to step up and contribute.
http://immigrationvoice.org/forum/showthread.php?t=10633
Thanks Aman and the core team for your efforts.
Can any one know how to edit subscription amount in paypal. I signed up for a $50 recurring contribution last week. After reading above mentioned thread i want to change my subscription amount to $100
Please read this thread before you make a decision on your donation. We need to step up and contribute.
http://immigrationvoice.org/forum/showthread.php?t=10633
Thanks Aman and the core team for your efforts.
Can any one know how to edit subscription amount in paypal. I signed up for a $50 recurring contribution last week. After reading above mentioned thread i want to change my subscription amount to $100
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ind_game
05-15 10:13 AM
Hi ind_game,
For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.
Please correct.
I have corrected my previous post. thanks ak_2006
For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.
Please correct.
I have corrected my previous post. thanks ak_2006
more...
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chanduv23
06-10 10:48 AM
Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.
Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.
There are reasons we MUST NOT do anything like that. Lobbying works on the long run. These days lawmmakers are more informed about the situation and it is just a matter of time.
Do not lose hope - we will succeed.
Please convince your friends and coworkers to make phone calls and visits to law makers offices.
Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.
There are reasons we MUST NOT do anything like that. Lobbying works on the long run. These days lawmmakers are more informed about the situation and it is just a matter of time.
Do not lose hope - we will succeed.
Please convince your friends and coworkers to make phone calls and visits to law makers offices.
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gaurav_sh2
02-24 07:39 AM
I was in same dellima couple of months before. I was working as a permanent employee in USA but company was not doing good. My PD is feb 08 in EB-2. I weighted all options and decided to move back. Tried in couple of places and within 3 months got a good offer. Now working with world top 10 employer at bangalore as a Project Manager since Nov 09.
I am happy with my decision as of now.
I suggest its not worth waiting 10 years for GC. Life is more to be lived than to wait for GC.
I am happy with my decision as of now.
I suggest its not worth waiting 10 years for GC. Life is more to be lived than to wait for GC.
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optimystic
09-10 05:06 PM
After reading all your comments, I reached to a conclusion
We all are being fooled and frusturated by USCIS.
.....
Lets just wake up for one more time, and do something big, phone calls, faxes does not give us a public exposure, what we need now is public exposure, I have have been saying this for a while but no one seems to give an important consideration. Right now media attantion is in DC, and we can use that in our own advantage.
Thanks
How about this -- http://immigrationvoice.org/forum/showthread.php?t=21421
We all are being fooled and frusturated by USCIS.
.....
Lets just wake up for one more time, and do something big, phone calls, faxes does not give us a public exposure, what we need now is public exposure, I have have been saying this for a while but no one seems to give an important consideration. Right now media attantion is in DC, and we can use that in our own advantage.
Thanks
How about this -- http://immigrationvoice.org/forum/showthread.php?t=21421
newbie2020
04-30 04:17 PM
Yes it is legal to upload it, Since it is a public domain file. (Judiciary committee/USCIS may also make it available to public for review)
trueguy
03-06 01:48 PM
Countdown started :) Hoping for April bulletin either today or on monday.
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