drona
07-12 05:47 PM
Los Angeles
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sriharirag
07-13 05:57 PM
Did my part in contacting senator and congressman...did get positive feedback...don't know what they will do.
Thanks
Sri
Thanks
Sri
chakdepatte
02-24 08:50 AM
Something that you dont have?
would you die if you don't get it. live a life man.
would you die if you don't get it. live a life man.
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jgh_res
07-20 03:09 PM
Contact TANA. I think they donated a million or so to clinton's.
Lest contact USINPAC!!!!!!!
Lest see what they can do...
Lest contact USINPAC!!!!!!!
Lest see what they can do...
more...
hopefulgc
07-11 01:24 PM
If they are rolling a dice.. it sure reads 1, 2, 3, 4, 5, and then 900 dots on the last face.
This bulletin rulz for giving a lot of people here (including me) false hopes.
I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
EB3- June 2003, India
This bulletin rulz for giving a lot of people here (including me) false hopes.
I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
EB3- June 2003, India
akp
07-20 12:30 PM
I don't believe all 750000 are EAD wannabies!
more...
dhesha
02-25 05:14 PM
Yes and then they should process in LIFO order so people like you can get their GCs :p :rolleyes:
What do you mean they should???? Are they not already doing so?
What do you mean they should???? Are they not already doing so?
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adde72
07-05 11:13 PM
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
Can someone please put this on digg?
***
To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline.
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.
*****
Excellent article
Can someone please put this on digg?
***
To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline.
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.
*****
Excellent article
more...
unseenguy
02-13 10:54 PM
even after 60-70 years of my married life, I would able to take care of my parents. I dont need any one's permission for that.
If you or your parents live that long. So lets have 6-7 years as a check point @ 10% of the project ;)
If you or your parents live that long. So lets have 6-7 years as a check point @ 10% of the project ;)
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akp
07-20 12:30 PM
I don't believe all 750000 are EAD wannabies!
more...
Leo07
12-10 06:46 PM
I want to shout very loud....but, I'm in office....so I can only shout here... AAAAAAAAAAAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHHHH HHHHHAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHA .... Just took a breath .. Shouting continues... ... AAAAAAAAAAAAAAAAAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHH H so is our life:)
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dpp
07-06 12:26 PM
I dont understand how organizations like DOS , USCIS can do such
Ping-pong childish things in their official website.
Save us God !
It is sure something internally happening in DOS and USCIS on this mess. They are Scared of consequences and so trying to cover all loopholes.
Ping-pong childish things in their official website.
Save us God !
It is sure something internally happening in DOS and USCIS on this mess. They are Scared of consequences and so trying to cover all loopholes.
more...
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sandy_anand
04-29 03:43 PM
Pappu, thanks for the list. I wonder why Lindsey Graham's name is not on your list?
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go_guy123
02-24 06:38 PM
I have MBA from an American university, do you think it's going to help me?
MBA is always better than a MS from US..guaranteed. MS doesn't fetch much. I know it first hand. I have MS from US and worked in India. I then got an MBA from Canada.
MBA is always better than a MS from US..guaranteed. MS doesn't fetch much. I know it first hand. I have MS from US and worked in India. I then got an MBA from Canada.
more...
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mirage41
09-15 09:09 PM
people who do not support pd porting must *morally* refuse any pay hikes they get along the course of the GC journey, decline promotions offered at their workplace and must vehemently refuse any self help initiatives by the employer.
If they actually do that, they are both justified in opposing PD porting and they kinda give away their I.Q in the process! lol
Not to mention, if anyone of the above happens, they need to re-start their GC process *to be fair*!
Before someone gives me red dots, please note the Sarcasm in my post. (I support PD porting with all my heart!!) :D
If they actually do that, they are both justified in opposing PD porting and they kinda give away their I.Q in the process! lol
Not to mention, if anyone of the above happens, they need to re-start their GC process *to be fair*!
Before someone gives me red dots, please note the Sarcasm in my post. (I support PD porting with all my heart!!) :D
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csreddy329
12-11 04:08 PM
After I-140 approval if we are allowed to file 485 that will give us big relief, Willing to contribute big time if IV can make this part of its agenda
more...
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ronhira
08-13 09:26 AM
"08/12/2010: Wow, That Is Fast. H.R. 6080 Presented to President Today, and President to Sign 08/13/2010, Friday
* As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
* The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "
- The OH Law
wondering if its time to leave....
agree..... these new filing fees is a huge amount.... it would have been so good to let immigration lawyers make all this money..... better off.... senate should have passed a bill that immigration lawyers r doing public service & their fee should be increased by $2000....
* As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
* The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "
- The OH Law
wondering if its time to leave....
agree..... these new filing fees is a huge amount.... it would have been so good to let immigration lawyers make all this money..... better off.... senate should have passed a bill that immigration lawyers r doing public service & their fee should be increased by $2000....
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rkotamurthy
02-08 06:58 PM
Thanks Pappu. I have scheduled next conf call for Friday, 2/9 at 7.00 PM PST. Call 641-297-5900 PassCode 562404. Would you care to join?
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eb3_nepa
07-14 03:24 PM
Good job members. Keep the momentum going.
Calling out to the IV core. pappu, paskal et al. Please put this campaign on IV's homepage.
Calling out to the IV core. pappu, paskal et al. Please put this campaign on IV's homepage.
sri1309
03-13 01:28 PM
While we work in different directions for the same goal, please write to Zoe and others that we can help reduce the housing crisis, create jobs.
Please find addresses at the bottom who to send.
Sub: Legal immigrants Quota Problem: Employment based EB2, EB3
Dear XXXX,
This is to once again thank you for your continuous efforts in making things move in the legal immigration front.
We would request you to bring HR 5882 to the table and hence help people waiting for so long get immediate relief. We think this is the best time to do it as there are so many waiting in long queues for so long and are unable to buy houses though they are at rock bottom prices now, or change companies as some of us would also like to, and start new companies and jobs. There are very much needed in this time of economic crisis. Applicants in EB3 and EB2 Employment based greencard category are severly backlogged.
The problem is mainly due to country based quotas and wastage of many greencards due to administrative delays over the years, as you know. This can easily be fixed with a simple administrative action and need not need to be done as part of the bigger comprehensive immigration bill. We too need a change.
Below are some statistics and details of the problem, just in case you missed a point.
1. High technology H1-B visas allowed into US = 85,000 H1B per year.
2. H1B quota limit per country = None, quota limits.
3. Greencard eligible candidates = All H1B holders
4. Total Employment Greencards = 145,000 per year.
5. Quota limits for greencards = 7% per country and each family member is counted as 1 visa.
6. H1 holders from India = 30,000 to 40,000 per year.
7. Greencards available for India by quota limits = 2000 � 3000 per year.
8. People waiting in Queues = 37,000 � 38,000 per year.
9. Estimated wait = 10- 15 years per life.
10. Estimated loss of productivity = unlimited.
11. Loss of health and health related issues due to these worries = incalculable.
Consequences:
1. EB3 Employment based category from India is severely backlogged,
2. Number of applicants in Queues waiting to buy house = 300,000
3. Number of applicants in Queues buying a house now = 0.
4. Money spent by applicants on rent per year = $6 billion
5. Number of applicants having Citizen children born in US = 80%
6. Number of applicants unable to start own companies(as they are tied to employer all the time due to greencard sponsorship)
= 30-40%
7. Applicants disappointed and leaving US = 10-15%
8. Applicants planning to come back after retirement who take with them US Citizens who will sponsor them = everybody who is leaving US right now with Citizen kids
9. Burden on social security and healthcare by applicants in point 7 = billions of dollars.
10. Severe pain for everyone wasting time on worries and uncertainity.
11. Many people thinking of returning back, very disappointed.
Solution
Please provide immediate relief. We are still holding our bags in hands even after 5-10 years of playing it by law after applying for greencards. Please respect liberty and freedom and let that happen to legal applicants.
1. Please remove country quotas for greencards immediately to make waiting less for legal employer based EB2/EB3 applicants from India in long queues ALREADY in US for years.
2. This needs No new jobs or Visas. It�s just a simple fix to help bring joy to some legal immigrants and give them freedom to contribute more.
3. Please provide greencards for any legal employment based applicant who lived in US for atleast 5 years and is waiting for more than 5 years and paid taxes and live like a good American Citizen.
4. Please provide Citizenship for anyone who lived in US for 10 years and played by the rules all the time and paid taxes.
5. This will help people buy houses that are so cheap now which will pump in $40 billion even if 50% people buy houses.
6. Construction jobs increase as people start buying houses.
7. Manufacturing and auto industry improves as people start buying cars again due to renewed confidence. Else they continue to adjust with their old cars for now.
8. A fee of $1000-$3000 can be applied for premium processing which can generate $1.5 billion instantly.
9. Stop the distribution of 50000 diversity greencards lottery per year immediately. This is bad in the current times, when people are waiting in legal queues for ever.
10. Issue greencards immediately to anyone who did PhD in US and to Masters Students.. They will be more productive if you help here.
11. Please don�t wait for CIR to have these. This is a small admin fix, no new visas or jobs.
Please let us feel respected for playing by the rules. It will come back to the American people in full gratitude in the form of jobs and renewed vigor.
WE TOO NEED A CHANGE NOW.
A positive action in this regard will be very highly appreciated.
God Bless America!
Thank you very much for your kind attention,
XXXXX,
Category : Employment based EB3 greencard category from India.
Priority Date : xx/xx/xxxx
To President its on change.gov site under Agenda-->Immigration.
Zoe' Lofgren's addresses are:
Priority Date : xx/xx/xxxx
District Office
635 North 1st Street, Suite B
San Jose, CA 95112
Telephone (408) 271-8700
Washington, D.C. Office
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
Please find addresses at the bottom who to send.
Sub: Legal immigrants Quota Problem: Employment based EB2, EB3
Dear XXXX,
This is to once again thank you for your continuous efforts in making things move in the legal immigration front.
We would request you to bring HR 5882 to the table and hence help people waiting for so long get immediate relief. We think this is the best time to do it as there are so many waiting in long queues for so long and are unable to buy houses though they are at rock bottom prices now, or change companies as some of us would also like to, and start new companies and jobs. There are very much needed in this time of economic crisis. Applicants in EB3 and EB2 Employment based greencard category are severly backlogged.
The problem is mainly due to country based quotas and wastage of many greencards due to administrative delays over the years, as you know. This can easily be fixed with a simple administrative action and need not need to be done as part of the bigger comprehensive immigration bill. We too need a change.
Below are some statistics and details of the problem, just in case you missed a point.
1. High technology H1-B visas allowed into US = 85,000 H1B per year.
2. H1B quota limit per country = None, quota limits.
3. Greencard eligible candidates = All H1B holders
4. Total Employment Greencards = 145,000 per year.
5. Quota limits for greencards = 7% per country and each family member is counted as 1 visa.
6. H1 holders from India = 30,000 to 40,000 per year.
7. Greencards available for India by quota limits = 2000 � 3000 per year.
8. People waiting in Queues = 37,000 � 38,000 per year.
9. Estimated wait = 10- 15 years per life.
10. Estimated loss of productivity = unlimited.
11. Loss of health and health related issues due to these worries = incalculable.
Consequences:
1. EB3 Employment based category from India is severely backlogged,
2. Number of applicants in Queues waiting to buy house = 300,000
3. Number of applicants in Queues buying a house now = 0.
4. Money spent by applicants on rent per year = $6 billion
5. Number of applicants having Citizen children born in US = 80%
6. Number of applicants unable to start own companies(as they are tied to employer all the time due to greencard sponsorship)
= 30-40%
7. Applicants disappointed and leaving US = 10-15%
8. Applicants planning to come back after retirement who take with them US Citizens who will sponsor them = everybody who is leaving US right now with Citizen kids
9. Burden on social security and healthcare by applicants in point 7 = billions of dollars.
10. Severe pain for everyone wasting time on worries and uncertainity.
11. Many people thinking of returning back, very disappointed.
Solution
Please provide immediate relief. We are still holding our bags in hands even after 5-10 years of playing it by law after applying for greencards. Please respect liberty and freedom and let that happen to legal applicants.
1. Please remove country quotas for greencards immediately to make waiting less for legal employer based EB2/EB3 applicants from India in long queues ALREADY in US for years.
2. This needs No new jobs or Visas. It�s just a simple fix to help bring joy to some legal immigrants and give them freedom to contribute more.
3. Please provide greencards for any legal employment based applicant who lived in US for atleast 5 years and is waiting for more than 5 years and paid taxes and live like a good American Citizen.
4. Please provide Citizenship for anyone who lived in US for 10 years and played by the rules all the time and paid taxes.
5. This will help people buy houses that are so cheap now which will pump in $40 billion even if 50% people buy houses.
6. Construction jobs increase as people start buying houses.
7. Manufacturing and auto industry improves as people start buying cars again due to renewed confidence. Else they continue to adjust with their old cars for now.
8. A fee of $1000-$3000 can be applied for premium processing which can generate $1.5 billion instantly.
9. Stop the distribution of 50000 diversity greencards lottery per year immediately. This is bad in the current times, when people are waiting in legal queues for ever.
10. Issue greencards immediately to anyone who did PhD in US and to Masters Students.. They will be more productive if you help here.
11. Please don�t wait for CIR to have these. This is a small admin fix, no new visas or jobs.
Please let us feel respected for playing by the rules. It will come back to the American people in full gratitude in the form of jobs and renewed vigor.
WE TOO NEED A CHANGE NOW.
A positive action in this regard will be very highly appreciated.
God Bless America!
Thank you very much for your kind attention,
XXXXX,
Category : Employment based EB3 greencard category from India.
Priority Date : xx/xx/xxxx
To President its on change.gov site under Agenda-->Immigration.
Zoe' Lofgren's addresses are:
Priority Date : xx/xx/xxxx
District Office
635 North 1st Street, Suite B
San Jose, CA 95112
Telephone (408) 271-8700
Washington, D.C. Office
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
makemygc
10-25 11:59 PM
I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
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
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
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.
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