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  • Blessing&Lifeisbeautiful
    07-24 04:27 PM
    My lawyers have just said I will NOT get an EAD because I don't have a visascreen. EVEN though I have a USA RN license.

    Has anyone heard of this. This is a first for me.

    Anyone with advice? Please help


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  • svr_76
    08-18 11:03 AM
    If they start processing/approve I-140, they will immi get bombarded with I485/EAD/AP applications. So they are trying to artifically stem down the workload they might get. Also this gives them a chance to clearup the 485 queue ... :-)

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  • delhiguy79
    08-15 11:10 AM
    If its 2001 or 2003 ... ppl like me who r in EB 3 (with PD March 2007) will not get GC for next 4-5 yrs until and unless they spill Eb 1 cases evenly to Eb2 and Eb3...which is next to impossible :eek:

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  • MeraNaamJoker
    09-27 09:51 AM
    I am waiting for 14 yrs.

    Arrival 1996 Jan
    F1 1996


    GC filed 2003 Aug.

    HAVE MS in US. But employer filed in EB3. STUCK


    You should be able to switch from EB3 to EB2.

    Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.


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  • vayumahesh
    11-16 08:04 AM
    Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.

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  • nk2006
    10-16 04:29 PM
    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:

    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
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Date: Today()

    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.


    Your Name
    Your Address
    Your Phone Number


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  • greencard_fever
    03-04 06:29 PM
    I checked the online status of our 485 application after long time..i totally lost hope on our 485 applications that USCIS ever bothered to work on them..but strange thing is i have noticed a soft LUD on my wifes case..this gives me some hope..:D

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  • conundrum
    09-10 11:48 AM
    Same here - Masters from US, with PD 2006....Stilllllllllllllllll waiting!!!!!

    I was reading an article handed over by my Lawyer sometime back - the whole GC process was designed to be completed in 6 mos. end-to-end.

    This goes to show how outdated the process is, plus the resource crunch they may be facing at USCIS.

    All in all - it's a black hole...only your 'karma' can get you out of it:)

    Check my signature! I have a MS and PhD from here... be thankfully you are so far ahead with your processing!

    I can understand your frustration, but try to empathize with guys who have PD before you and are stuck in this lousy system.


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  • Raju
    07-06 02:27 PM
    The USCIS automated line for Priority dates is still playing the PD's for June 2007 showing that EB-3 India cut off June 1st 2003 etc..

    We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.

    They were/are so busy approving cases that they donot have time to update the message. Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.

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  • 485Mbe4001
    07-21 01:46 PM
    It is certainly a good deal that we are able to file for 485 and we can enjoy the benefits of EAD/AP.

    Mark my words...when apply to renew your EAD and you are not sure if spouse can work when one EAD has expired and the other is in the process of being approved you will realize what we are trying to say...after you keep applying to renew AP/EAD beings to wonder if it was all worth it.

    In short, after we file our 485/EAD/APs we should work with IV and try to lobby for better laws...we should not be complacent and think our work is done, we crossed a small hurdle thats all.

    Stop Showing These Numbers, Assumptions... Alright You're Good In Mathematics.. #@#~! Vb Or C#... Whatever... Give Those People At Uscis The Benefit Of The Doubt... I Think They're Not That Dumb Like What You Think... Maybe You're Not Happy With You're Employer...cant Wait To Leave...


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  • csvinay
    07-20 12:33 PM
    ok. How did we miss this? Did we miss a chance to call up the concerned senators?

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  • add78
    06-19 12:01 PM
    every bit helps.
    do whatever you can.
    remember that cup of starbucks / dunkin is $3 / $2 a day, 10 days = 2 weeks of coffee = $30 / $20.
    we can reach out to our friends and energize them.
    every phone call counts. every discussion counts. every persuasion triggers another one. every donation counts.
    $100/year = 27 cents a day!
    $50/year = 14 cents a day!
    Let us stand up to our High Income, High Education, High Skills reputation.
    Please donate. Please reach out. Please do whatever you can to help your own cause.
    Thank You.


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  • samrat_bhargava_vihari
    04-27 02:47 PM
    I have my sister in law from India on H4. She got married after her husband got his 797B approved and so she does not have her own 797C. The DMV wants her own 797C approval notice to give her a temporary drivers license. How does she get that? Can she file some petition with USCIS to get it?

    Normally they need 2 kind of identification cards to make sure you are the right person. For H1 people it would be their passport/Visa/I-797/SSN etc.
    For H4 it would be his/her passport and visa makes two identifications, but some people consider it as just one identification so try with marriage certificate or Indian driving license. Some people will have different last name in marriage certificate and passport who need to provide some additional documents which are in DMV list. They accept documents only which are in their list.

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  • 485Mbe4001
    04-27 02:41 PM
    Everytime i renew i have to include a copy of my dirvers license, this year i was asked to provide a color copy. i was told that it is to for background checking, i have no idea why they need it.

    Had anybody have to send Driving License for filing extention of h1b?


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  • test101
    07-05 02:35 PM
    Called up Sen Casey's office and I was told that in the local office they cant do much about a mass enquiry but he volunteered to do it on a personal basis for my case in particular.

    awsome.. that's a good news....good luck

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    07-24 02:22 PM
    Visa number is differnt from A #- which is application number.
    Law allows only 140,000 EB visas per year, which are again subject to country quotas,EB categories etc
    Every 485 approval uses a Visa number.
    So for 485 approval there should be a visa number available.

    In last quarter of every year, USCIS can approve 485s irrespective of country limits inorder to use up all visa numbers.
    That is what happened in June/July and happening now- Inorder to exhaust remaning 60K visas for yr 2007, USCIS assigned a visa number to pending 485's before approving them.(Tons of approvals coming from NSC and TSC are for cases that had visa number preassigned before July 2nd Visa bulletein revision)


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  • spicy_guy
    10-21 06:49 PM
    I am still not sure, if its considered 8+2=10 months to complete the PERM labor or we should just consider 2 months from start. Every application should go through the first part of it ( in this case 8 months). Right?

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  • msp1976
    05-04 10:30 AM
    I have analyzed the tracker from Rajiv Khanna's site. Here are some inputs.

    Cases transferred from federal offices :
    There is no set trend in processing of these cases. There are a substantial number of approvals.

    Cases transferred from SWA offices :
    There is clear trend here. The last 3/4 months PBEC has sent out approvals from mid 2002. There are a number of PD June 2002 approvals and some PD July, august, september '02. There is an effort to push mid 2002 cases in PBEC.
    The folks left over from 2001 may receive NOF or some query. I am not sure.
    If you are a SWA cases from 2001 you should be talking to someone...your lawyer...employer...

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  • ska_iit
    09-12 12:52 PM
    Hi IV members,
    Thanks for all the work and effort put into making the life of many simple.
    Just made a small contribution from my side
    $100 from paypal Receipt ID: 0140-0216-9540-2146

    01-07 01:04 AM
    raysaikat, and others, can we call a truce and focus on the original intent of the thread? I am sure we can all agree that the top 5 % of the worst university (does not matter which, or where) are usually better than the bottom 5 % of the best university (again, does not matter).

    In my life, in our company, I've seen some of the sharpest brains around (PhDs working for the Russian defence before they defected in late 70's and early 80's) and some of the dumbest (a mechanical engineer who refused to believe me when I mentioned the sun was approximately 300000 bigger than the earth in terms of mass and 1000000 times bigger in terms of volume). Believe it or not, I've met a taxi driver who graduated from an Ivy League institution and used to work at NASA in 60s and 70s and worked on developing algorithms for decompressing transmissions. There are all sorts who make the world a pretty interesting, if unpredictable place. :)

    You never know whom you are sitting next to on the plane! ;)

    Rather than arguing over silly matters, perhaps we should focus on intelligent analysis and if necessary, rebuttal of arguments.

    We do not prove anything by arguing over IIT vs Osmania, or North Vs South, but merely conform the worst aspects of Prof. Wadhwa's sweeping generalizations.

    I, for one, have serious questions:
    A) The video was edited. It is a collection of sound bites. How do we know the context of the statements if we do not have the full transcript?
    B) We have no visuals of the charts and figures referred to by Prof Wadhwa.
    C) We have no access to the raw data used by Prof. Wadhwa. He may had published it, but I have not seen any of it. (Unless Macaca can ferret out the details.. if anyone can, he is the man!). I have, for instance, basic questions whether immigrants and foreign students were excluded when he (Wadhwa) was counting the openings filled and engineers graduated in US.

    I do not mean to offend anyone, nor am I commenting on any country, university, or anything.. so please do not misunderstand me. Let us focus on the what is more important.

    I browsed through Wadhwa's paper. My impression is that he has used ASEE data for the U.S. and very likely it includes international students. Can anyone send him an email and seek clarification?

    I have access to ASEE database, but I cannot share the excel files. I can however post summary informations.


    Total M.S. 38880
    Foreign 15533

    Total B.S. 74186
    Foreign 5345

    I can also report data by disciplines, among other things. But it is a bit tedious to do so.

    09-03 10:56 AM
    Arrived in the US in Sep 1999
    Started the GC process in Apr 2003.
    Labor filed in Oct 2003
    Waiting... :D

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