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  • bpadala
    05-20 12:50 AM
    Hey,

    This is the check list I used when I submitted my AC21 paper work last November when I moved out of my GC Sponsoring employer.

    1. Cover letter mentioning you have all the eligibility to invoke AC21 after 180 days of filing your AOS and if your I140 is approved and as long as the roles and responsibilities are same or similar.

    2. Attach an employer letter stating the job responsibilties mentioned on your Labour Certification petition along with your designation (Make sure it matches with one on your labour petition too). Make sure your employer adds something like providing employment even after your adjustment of status and its a permanent offer.

    3. Attach approved I140 notice and pending I485 receipt

    4. Attach your PERM/Regular LC petition.

    5. Attach a copy of the AC21 memo which will remind there is a Govt Memo out to support your AC21..

    This should help your case. I wish you success.

    Thanks




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  • lonedesi
    08-04 04:15 PM
    Letter to be sent for an I-140 petition pending at NSC:

    From,
    First Name, Last Name
    Address,


    To,
    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Dear Mr. Ombudsman:

    Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners

    I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.

    This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.

    Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.

    Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.

    Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.

    I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.

    Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.

    Sincerely,

    --------------------------------------------------------------------------------------------------------------------



    Please post a comment on this thread so that we can track how many members actually participated in this campaign.




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  • Milind123
    09-13 03:50 PM
    Thank you mohitb272, wolfsappi, kanaihya and ravikanthe. All your help and contributions are greatly appreciated.
    Details of my $100 contribution are in my signature.

    To people who still have their finger on the trigger,

    Guys, Are we ready to fire the next round? Believe me you will feel good. The gun is loaded with 5 bullets again.
    But wait a minute, someone told me this revolver has six chambers. We can put one extra bullet in this baby.
    Would any senior member or previous contributors like to be the guest of honor and help us fire the last bullet?

    On a more serious note we still required $10,000 before Sept 18th.




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  • snathan
    08-23 10:47 PM
    I have nothing to recommend to them as things are fine as they are. And there will be no recommendation coming from me to close any door at all, whether it be for EB2 or anyone else.
    You can go ahead and recommend against EB3 BSc BCom losers, as it is your business

    To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it

    Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:

    Read all the pages and let us know where you find the information “close the door”. All we are saying is to close the loophole. There are genuine people getting the Eb1C and no one is complaining about it. We are all bothered only when your so called multinational exploiting it.



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  • Milind123
    09-14 07:56 PM
    Lets have a quick penultimate round. New contributors have, so far, not let us down. They have stepped forward in each and every round and made it a success. They have taken the most difficult step; contribute for the first time. I know, I was there once. Kudos to them.

    In this round could I have support from three existing contributors to quickly finish this round. May I have some pledges please? I would like to fire the third round. BTW this pistol has seven shots. Once we finish this round we will move to the last round and it has 14 shots. 21 shots in total.

    These 2 rounds is specially dedicates to the core team members; without them there won�t be any shots fired here. Without them Sept18th would be just one ordinary day on the calendar. They have given us a chance to remember Sep18th forever, no matter what the results are after that day. For me personally, Sept 18th will be a defining moment. So lets give a deserving 21 Gun salute to the core team.

    We just need three people who have never contributed before.




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  • santb1975
    05-23 02:16 PM
    This is Great

    Subscription Payment Sent (Unique Transaction ID #9AK05597S18798425)
    In reference to:S-472207269L710703U

    Original Transaction
    Date Type Status Details Amount
    May 23, 2008 Payment To Immigration Voice Completed ... -$50.00 USD

    Everyone subscribe... I was skeptic before just like you. But it's NOW or NEVER..
    YES WE CAN.. Go IV..



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  • chi_shark
    03-06 02:14 PM
    There is no need for people to call USCIS. The PD date movement is based on demand. Even for a worst case scenario, USCIS should use 3300 visas for EB3-I. By Aug 2009, if they have only used 1000 visas, then DOS will move the PD for EB3-I by a couple of months.

    Now my prediction. We will see PD current for all categories except for EB3-I/EB2-I/EB2-C in by August 2009. EB3-I would reach 2003 Jan. EB2-I and EB2-C will reach 2006 Jan.

    I have no real basis for my prediction. Like Michael Crichton would say, no body can predict the future. We can only guess about what would happen in the future. Some of that guess is a calculated/informed guess; still it is just a guess.

    did m c not know about nostradamous? jk




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  • matreen
    07-15 03:20 PM
    Then add Immigration Voice as payee
    and give address

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    don't I need to provide the account number of IV there.?



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  • javadeveloper
    08-14 06:39 PM
    People who can buy houses are more important to USCIS/US than people who already have bought houses.

    Thats what I am saying , if they come up with strategy like this , people will start buying homes.




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  • ras
    10-16 05:47 PM
    Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
    Issue/Background:


    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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.


    Should you have any 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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  • gc_chahiye
    07-20 03:32 PM
    You need to chill out dude. I do not see anything wrong. Whats wrong in analyzing and preparing yourself for future. I have plans to travel in 3 months.After looking at this thread I think it might take few more months. I think this is a valuable thread.

    agree. in addition once your EAD expires you need to stop working immediately (they have stopped issuing interim EADs) if an EAD renewal takes 8 months and you cannot apply upto 6 months before expiry, there is a possibility that you will work only 10 months every year!




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  • nc14
    05-31 09:27 AM
    $50 recurring sent to IV yesterday.


    .................................................. ...
    $320 + $50 recurring

    Proud to be an IVian. GO IV GO..



    Yes we have to



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  • inskrish
    09-28 09:59 PM
    I can work on weekend for free, where to apply? atleast i can push some of them out of line. i mean i am very good in approving cases.

    Long live. Libra! :D When you do it , could you please find out my missing application from the mounds of USCIS documents, and push it through the system? :D

    Regards,
    IK




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  • Positive
    05-05 08:34 AM
    Thank you for all of you who made the calls.

    Calls are only the start. Remember, the other side is also doing the same -sometimes outsourcing calls.

    Remember we all spend hours in US consulates waiting for our turn. What is now stopping us to make a personal visit. Explaining your story in person is far more effective than a call or an email.



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  • gc_on_demand
    04-30 10:27 AM
    Guys

    is there any webcast link so we can listen online ?




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  • I_need_GC
    02-19 10:51 AM
    Today I got my first soft LUD on my case. Last week I got a letter from USCIS that they had approved to expedite my case. I would rather have seen the AP but the waiting game continues. :eek:



    Yesterday I went to the Local INS office after making an infopass appointment. Requested the IO to expedite my AP he looked at current processing dates for Nebraska Center Aug 15 I applied on July 20 INS process date on receipt notice August 25. He told me they would start looking at my case soon. I mentioned to him I need it expedited he asked why I showed him a letter from employer that I needed to travel outside us he said its not life death emergency. I insisted that if i didn't go I would get fired lose my job, he wait let me check with manager after 20 minutes he came back and said his manager agrees to process as emergency. He took all my original supporting documents and told me he was going to fax them to Nebraska center and also email to them. I mentioned to him that I have to leave by Feb 11 again he went to his manager and he said thats the best I can do. He took my phone number. I have not heard for INS no LUD on my case yet. If i don't leave by feb 17 kiss my job good bye. Anything else you guys recommend i can do. I also faxed the Nebraska center a request expedite still haven't hear or seen anything. :(

    Your inputs are welcomes.



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  • priti8888
    07-25 02:30 PM
    We applied in Nebraska in August 2003, Cleared in State on August 29th 2003, Transferred to Chicago DOL on Sept 1st 2003..Got Certfied on Oct 16th 2003...So yes..in some states Labor was VERY Quick.


    I agree. Ours was transfered to Denver DOL and got certified in 5 months




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  • pappu
    08-08 10:20 AM
    Everyone,

    I have recieved only one op-ed from yabadaba . Several people had promised. This is a reminder to everyone and anyone new on this forum.


    For those who want to know what an op-ed is pls visit
    http://en.wikipedia.org/wiki/Op-Ed
    en.wikipedia.org/wiki/Op-Ed

    thanks




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  • cbpds
    12-11 03:30 PM
    Hi Pappu and IV seniors,

    I will contribute to IV generously(monetory and otherwise) if you help us with the prefiling of EAD for approved 140's, atleast USCIS will get money from us every year and it helps us too.
    We dont mind standing last in the queue for another 10 years as long as we have EAD.

    HELP !!!!!!!!!!!!!

    Can we check with CIS if they plan to pursue this option (pre-485 step)?

    Is there a plan to start a campaign for this? I would be willing to contribute (monetary and effort) if there's such a plan...

    I can see there are a lot of folks who would welcome such a plan.




    anujcb
    03-09 10:47 AM
    indio, which title are they ralking abt? right now?




    Macaca
    10-01 02:26 PM
    FS limits � The worldwide level for FS preferences is calculated as:

    480K
    - the number of aliens who were issued visas or adjusted to legal permanent residence in the previous fiscal year as

    immediate relatives of U.S.citizens
    children born subsequent to the issuance of a visa to an accompanying parent
    children born abroad to lawful permanent residents on temporary trips abroad

    + unused EB preferences in the previous fiscal year.

    EB limits � The worldwide limit on EB preference immigrants is equal to

    140K
    + unused FS-preference visas in the previous year.



    What is the relationship of 480K to 366K = 140K (EB) + 226 (FS)?

    Very interesting that FS (EB) can capture EB (FS) but can not capture FS (EB)!



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