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  • matreen
    10-17 01:58 AM
    Guys,

    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.,..

    Thanks,

    M



    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




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  • vallabhu
    01-05 07:17 PM
    EB3 RIR
    PD 2004 July 27 Atlanta DOL
    45 Day letter March 18 2006
    replied on same day March 20 2006

    Certified date Dec 19 2006




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  • ind_game
    05-13 11:18 PM
    was ur first MTR denied in error?
    as per you, your I-140 was never denied.

    My I-140 was never denied. In fact the date 09/04/2007 that NSC mentions about the denial is the date that I got approval notice. I have the approval copy from USCIS. I am not sure what the adjudicating officer is looking on his terminal.




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  • sanju
    07-24 10:38 AM
    This is so out of whack. Employment based green card issue is not about India or Indians. Our issue is about America and us i.e. highly skilled people from all countries waiting for their green cards. STOP BRANDING EMPLOYMENT BASED GREEN CARD AS "INDIA ISSUE". Such an attitude doesn't help at all and it is a big turn-off for people from other countries. Let’s be mature about solutions to the issue.

    Also, people who give money to campaigns - Hillary, Obama or any other candidates, they are not giving the money to change any policy for getting green cards sooner for employment based categories. Our issue is not even on the radar screen of most "ethnic communities". And problem gets worst when news media, people like Lou Dobbs try to misguide the general public with their hate mongering propaganda - again with the objective to increase the value of his own stock. Often times Lou Dobbs will try to make it all look like "conspiracy theory" being hatched against American middle class - just to get their attention. For example Lou says that people from Indian American community are contributing to Hillary to promote outsourcing????? Hello!!!! Who is in the world is idiot enough NOT to believe that increased outsourcing affects everybody in US, including Indian-Americans. Sometimes news media will call Hillary as senator from the state of Punjab and other similar bull shit but catchy news items. And it is ok if majority of the middle-class Americans shake their heads in disbelief (because they are ignorant about the facts), as if a massive conspiracy theory is being hatched against the middle class. But people who have any common sense have the responsibility to think rationally and filter "real news" from news intended to increase ratings of a news shows/channels.

    Also, the idiots who give campaign funds do so to buy proximity to power to increase their own profile. People who give money to campaigns are SICK and corrupt. These people are simply taking pictures with the candidate or a politician (not a lawmaker - there is a difference) to increase the value of their own stock. Too often this forum has mentioned the name of Chatwal being close to Clintons. Guys, lets face it, Chatwal is doing excellent marketing for himself. I don't think he is as close as he projects and as most people think he is. The way system works, anybody who is ready to give $1000 for a campaign can get their pictures with the "POLITICIAN", especially during campaign season. And these photo-ops freaks do not care about anybody other than them self. Therefore, the so called "indian lobby" exist only in the imagination of people who read news articles that are written by paid journalists.

    About Cornyn amendment, this was clearly a party line vote. It had nothing to do with the position of a Senator on the issue. Did you notice that Sen. Grassley voted in favor of the SKIL bill? Anybody knows why???? As most people here may already know, Sen. worked overtime to derail the CIR. Because of that, leaders of the Democratic party in the Senate are upset with him on immigration issue. And thus, most democrats voted to oppose Cornyn’s proposal. That is how things work in the Senate – which is no different than the way things work at the any other workplace. Vote on Cornyn amendment had nothing to do with the stand of a Senator on an issue.

    So, it is ok if Conryn amendment did not go through – “this time”. There will be more opportunities in the future. The thing is, Democratic Senators like Cantwell need to lead in pushing EB provisions. That may help to easy out the partisan vote on such proposals in the future.

    Just my take on the situation.


    NY/NJ/CT/MA Members -

    Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.

    Obviously, Sen.Obama does not care much for Indians!



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  • willwin
    04-01 04:34 PM
    First of all why do U wanna ask that? Its an employment based visa that ur GC is based on. So, ur employer shud ask that. Why are u asking IVans to do something which is not in their control??? I keep getting red and dont mind if I'm banned. But excuse me...u r misleading IVans. My point is this. We can protest, rally based on the delay. Thats pretty much we can do. Inquiring into a Government agency's internal affairs is none of ur business. And I repeat u dont have any rights to do that as u have NO direct link to USCIS. U have applied thru ur employer and ur employer shud speak for u. Do u even get it? Ur statements and arguments have no logic whatsoever and misleading.

    I tend to disagree on this. Sorry about that. What you are saying may be true until the case is in LC phase or perhaps, I140 phase. Beyond that, I BELIEVE (correct me if I ma wrong and dont jump on me) that the individual can deal with USCIS as far as queries are concerned. May be, if there was a RFE, then the employer/attorney should dela with. But not queries.

    If not, why is USCIS even responding to queries on 485. Are they doing something that they shouldn't be doing??




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  • lahiribaba
    02-11 02:41 AM
    Hi,
    I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.

    Here is my story:

    I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.

    I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?

    Thank you very much for taking time to read this.

    You come from a society that practices dowry and expect monetary traansactions in arranged marraiges ...you reap what you sow.



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  • Tshelar
    06-24 12:55 PM
    Hasn't this been discussed already?

    It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.

    The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
    Every year H1B quota is getting filled withing few days to a week. Majority of H1B applicants eventually land up applying GC in EB2/EB3 category, so america has nothing to lose as it keeps getting the workforce it needs every year.
    Now, in an unlikley scenario in 2009 the H1B quota doesn't get filled then we can say that america is losing.




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  • meridiani.planum
    02-23 11:45 PM
    Progress of PDs are similar the ones which happened prior to June 2007. May be there is a chance of repeating that now......

    http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data

    interesting data. thanks to whoever put it up.

    So if the pattern of last 2 years also holds this year, there will be slow month or 2 month movement until the last quarter (july/aug/sept) and then boom-bada-boom massive movement of maybe a couple of years. In that last quarter its all hit or miss, some 20-30% of people who get current will get GC (like what happened last year) then again back to 1 year of creep and crawl... hopefully by then we get some form of immigration legislation to clear this backlog.



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  • paskal
    07-20 02:27 PM
    this is not over
    this might just be an opening salvo.
    these things usually get negotiated behind the scenes.
    things of note in this event:

    1. we garnered 55 votes in support, in any up and down vote we win.
    2. Durbin was the man again...that derailed us.




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  • kumhyd2
    07-10 01:19 AM
    Another leader is born in
    San Diego;)



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  • santa123
    07-11 08:23 AM
    Is this big jump for EB2 due to overflow from other categories? Is this as a result of awareness around visa wastage?




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  • jetguy777
    01-21 11:10 AM
    AabTuAgaGC and hopefullegalimmigrant Could you advise what date USCIS received your application for Advance Parole? Thanks



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  • gccovet
    11-21 05:04 PM
    Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer

    This is exactly my lawyer mentioned, AOS deined, you are still good to continue work (and wind up in USA) till your H1(i-94) expires. Hence, it is deemed as "safety". Person gets time to windup before the final bye-bye.
    GCCovet




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  • chanduv23
    11-17 02:26 PM
    Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:

    Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.

    and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!

    lazycis, chanduv - anyone to comment on above new information???

    My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?



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  • skynet2500
    12-10 04:06 PM
    When am I going to get my gift card? I predicted it right. :)




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  • mihird
    08-01 10:52 PM
    Again, no journalism experience, but good at composing English, in general, and vast knowledge on USA, global economics, the H1 visa program etc.. Have written to US Senators in the past.



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  • danu2007
    07-18 09:54 PM
    Joined in the month of July and contributed $100 and will sign up recurring one.




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  • lj_rr
    08-26 01:35 PM
    Better to avoid ICICI. Nationalized banks are better.




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  • fightforit
    04-30 03:06 PM
    I faced a similar response when I called Senator Scott Brown's office. His staff member categorically stated that he is against amnesty, but is 'sympathetic' to the cause of legal immigrants. I explained that as members of IV, we are working towards legal immigration reform since the process is stagnant (without trying to diss illegal immigrants). Its an awkward situation trying to separate the two...but I think we really need to.
    However, my greatest fear is that even though legal immigration reform may garner bi-partisan support, who in Congress will take it up on its own if CIR gets shot down?? Legal immigrants are in much smaller numbers than illegal ones..and will anybody take up our cause without the other?




    s_r_e_e
    08-10 12:32 PM
    I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.

    I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.

    Thanks a bunch

    If you are around houston, it would be better to go in person. I think they accept the applications only until noon. They would tell u a Pickup date or u have an option to get it mailed. The passport is ready for pickup in 10 working days or so.




    unseenguy
    02-09 06:17 PM
    Yes, you are right! The Indian parent should have given their retirement a very high priority than their kids education. There are millions of middle class parents who didn't care about their retirement but worried and planned for their kids future by spending not only money but also precious time.


    I am not sure, I think you are being sarcastic to my post. If someone's dad gets cancer, whats your advice? He should bring him to US to the best cancer hospital and spend life's saving on him? Personally I have been very fortunate. My parents took care of their retirements and financial affairs as well as my education. Very lucky indeed. Despite all this, I have told my parents that I would not be able to get treatment for them in US but would provide best possible one in India. Is this being ungrateful? No. Everyones life comes to an end.

    I also said that if someones parents need financial support they should make it a very clear requirement at the time of arranging marriage. Like my maternal grandmother was bedridden due to medical condition for about 10-15 years. So when her son got married, it was a precondition that she will be part of the family and that the daughter in law will have to adjust and support her. One girl (my aunt ) accepted it, and lived happily with it as her duty. So it all depends. Different people different experiences.



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