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  • Raju
    07-19 01:39 PM
    I just contributed $100 in addition to my previous contributions. I posted the details on another thread.

    If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.

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  • matreen
    10-17 01:58 AM

    I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,

    Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).

    Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)

    Is that going to cause any problem to my 485 process?

    Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?

    I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..



    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 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    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)

    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    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:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    Director: David Roark
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    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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  • fruity
    07-23 04:50 AM
    My case was completed at the NVC last year, this was when there were still schedule A visas. Then retro came in Nov. In June 2007, NVC asked to re submit ds230. Why did they ask to resubmit it if we weren't assigned a visa number yet? and now that there are no visas left for CP, our file gets stuck again, and when our PD becomes current, do we have to resubmit for the 3rd time our ds230.... So confusing......

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  • sri1309
    09-10 05:31 PM

    Now that the delay happened, lets ask for Citizenship, . We waited 10 years, played by the rules. And we have seen the drama for the last 3-4 years. So why do you want to do these calculations, spillovers etc. We must ask our fair share,,




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  • chanduv23
    06-06 10:04 AM
    Come on IV heros - you can do it. Lets push this thread on top

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  • gclabor07
    09-01 08:56 AM
    Arrived in US in August 1999.
    Labor started with employer A in 2002.
    Changed job with Employer B in 2006.
    Attorney screwed up with new labor in October 2006.
    Refiled new labor in July 2007.
    Missed the July 2007.


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  • santb1975
    06-15 12:28 PM
    We have 1109 dollars to raise to reach 20K. That shouldn't be hard to achieve

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  • gc_on_demand
    12-10 04:38 PM

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    - The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.

    - INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.


    Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.


    Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.

    In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?

    State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.

    In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.


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  • GCBy3000
    07-20 12:12 PM
    We should not let Cornyn down due to this bill's failure. We have to send email and thank him for bringing up this bill eventhough it failed. This will keep up his spirit and make him feel that there are people behind him even if this bill failed. This will make him to pursue other amendments in favor of legal immigrants if at all there is a slight chance before this NOV.

    So let us thank him. Should we? Yes if IV says.

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  • tinamatthew
    07-21 04:26 PM
    Please post. This will help all of us


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  • pappu
    06-04 01:37 PM
    Thanks Pappu. What kind of hurdles do u think?
    company size, Ability to pay issues, H1B dependent company, If any greencard denials have happened in the past, degree+ experience issue, labor subs...

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  • kinvin
    02-12 11:48 AM
    Fellow Sufferers,;)

    For NON-RIR applicants, is the backlog center requiring the old advertisement process after the 45 day letter.

    We had received the 45 day letter six months ago and there has been no communication from them since that time. (Seperate application PD May-03)

    (Fellow travellers am I seeing an Oasis or is it a mirage.)



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  • Macaca
    09-12 04:20 PM
    Or do you need us to write to each of them?
    I will send to washington post, new york times, AP and Reuters. I have posted the reporters that I will correspond with.

    These lists are not complete. I am updating the lists.

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  • santb1975
    07-15 09:47 PM
    Let us see if this campaign gets participation from SoCal members who do not visit IV boards on a day to day basis


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  • yoda
    09-13 03:00 PM
    Sent this to Boston Globe and the largest TV Channel of NH (WMUR Channel 9)

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  • sugaur
    03-05 10:36 PM
    Wifes I485 got soft LUD on 1/9/09.


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  • gc_check
    07-21 07:31 AM

    I recently got a aloan from BOA on EAD without any probem.
    The Loan officer was fully aware the visa sattus. Dont know how he maneged but for me I didn't face any problem in financing from BOA.

    If you still face problem send me a private message an I will pass his informations so that you will be on right loan offcer hands who understand visa status etc.

    Do you posses a valid / current visa along with EAD. They seem to be okay with visa, and seems to lack knowledge on the EAD/485 stuff. Can you please PM the link to the loan office you worked, if he is agreeing to talk / provide updates. BTW, mine is a re-finance, and never had problem before and this is the first time, the visa issue is causing difficulties. The reason I went through this loan agent is the rate I am getting.

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  • sagis99
    08-08 11:06 AM
    Lets all try to send this letter. I'm working with my HR to get this 7001 out - As Pappu said there should not be any reason why HR wont sign that form.

    What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.

    This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.

    It's always nice to get some kind response like this. thanks.

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  • hazishak
    07-18 07:19 PM
    What if out of all 10000 , 9999 don't have priority date current.Do you think they will still not look at the 1 in the pile which has a current PD.They will look at it , Even if it is number 10000 in the list.Actually there will be no pile because 9999 people won't even be in contention.
    Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..

    PD has to be current in order to get the RD advantage.

    10-28 03:20 PM
    I am not sure if this is possible at all. But just wanted to see.

    If my Wife's employer starts GC for her on EB2, can my case be ported / interfile to her's? She is dependent on my GC application.

    09-11 04:05 PM
    Can't make it to the rally, but here's my minuscule contribution...

    Google Order #652610300768677

    Good luck to us all. IV has been a great community so far...

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