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nk2006
10-28-2008, 01:47 PM
From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.

In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo’s require that I485’s should not be denied based on that – provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID – again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo’s for whatever the reasons.

Obviously this will have a very bad impact on us – in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.

After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.

I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent – all you have to do is download following 4 google documents – add the date, your name and address – and send it to the address provided on each letter.

http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

To reiterate: You have to send 4 letters – these letters can be downloaded at the above URL’s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716

To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.

Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.

jungalee43
10-28-2008, 03:18 PM
I will definitely send all these letters today or tomorrow. But why are we not sending to all the service centers? Why only Texas? There are many cases at Vermont, California service centers which were never transferred to Texas. Would it not be appropriate to include these service centers in this campaign?

chanduv23
10-28-2008, 03:43 PM
I will definitely send all these letters today or tomorrow. But why are we not sending to all the service centers? Why only Texas? There are many cases at Vermont, California service centers which were never transferred to Texas. Would it not be appropriate to include these service centers in this campaign?

jungalee - most of the i 485 handling is done at TSC and NSC.

Dear members - This is an effort endorsed by IV core. Please participate in this campaign and make it a success.

It would be great if you wish to volunteer towards this effort - contact nk2006 or pd_recapturing or itisnotfunny and you can see yourself volunteering actively for this effort.

nk2006
10-28-2008, 03:46 PM
Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.

gc_buddy
10-28-2008, 03:48 PM
I will send the letters.

Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.

newuser
10-28-2008, 05:08 PM
Did e-mail already as per the intial thread. Will mail the letters soon.

jungalee43
10-28-2008, 05:23 PM
Unfortunately these guidelines specified in the memo haven't been adhered to, during processing of I-485’s in cases where the sponsoring employers revoked I-140 petitions.

Please make this small correction in second paragraph. The "to" in bold is missing.
Please also post the names and addresses of both California and Vermont service centers as it is not clear who would adjudicate the thousands of I-485 cases they are sitting on.

pappu
10-28-2008, 05:34 PM
Since this campaign is endorsed by IV, I think you must mention in your letter that you are a member of Immigration voice so that it is easy for IV to follow up..

Pls also post the message on other sites urging everyone affected to write letters

jayleno
10-28-2008, 09:03 PM
I just dropped the letters in the mailbox. Thanks to all the people behind this effort.

gc_buddy
10-28-2008, 09:14 PM
Dear Members,

This issue will hit everyone sooner or later especially in rough economic times that we currently have. Even if you do not plan to use AC21, due to current economic down turn..One might be forced to use AC21..

Let us start this campaign. Please DO send letters. As we also have IV support now, let us get a resolution for this issue with the help of IV leader ship..

This will help people who are already affected due to these denials and aviod denials for other people going forward.. Printing and mailing the letter will take only 10-15 mins of your time..This campaign will be a sucess only with support from every one.

Let us send the letters to USCIS...

walking_dude
10-29-2008, 12:24 AM
I sent mine. Did you?

Folks, all other issues can wait. AC21 is one silver lining in the GC journey which is otherwise filled with the dark clouds of Retrogression. We shouldn't let this benefit be taken away from us through unfair denials.

You may not be a AC21 beneficiary now, but may have to avail it sooner or later if the economy continues to tank, like it's doing now. Most economists don't see economy recovering for couple more years.

Act now, instead of regretting later.

aps
10-29-2008, 02:00 AM
One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"

In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps


From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.

In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo’s require that I485’s should not be denied based on that – provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID – again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo’s for whatever the reasons.

Obviously this will have a very bad impact on us – in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.

After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.

I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent – all you have to do is download following 4 google documents – add the date, your name and address – and send it to the address provided on each letter.

http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

To reiterate: You have to send 4 letters – these letters can be downloaded at the above URL’s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716

To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.

Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.

aps
10-29-2008, 02:05 AM
Please refer the url, one of the iv member has stated his friends denial case.
http://immigrationvoice.org/forum/showthread.php?t=21716&page=21

From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.

In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo’s require that I485’s should not be denied based on that – provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID – again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo’s for whatever the reasons.

Obviously this will have a very bad impact on us – in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.

After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.

I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent – all you have to do is download following 4 google documents – add the date, your name and address – and send it to the address provided on each letter.

http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

To reiterate: You have to send 4 letters – these letters can be downloaded at the above URL’s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716

To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.

Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.

chanduv23
10-29-2008, 08:26 AM
Please refer the url, one of the iv member has stated his friends denial case.
http://immigrationvoice.org/forum/showthread.php?t=21716&page=21

The authenticity of that case is not clear. Someone claims his friend had issues and we do not have any details.

I used AC21 few months back and went through the NOID ordeal.

Our volunteers working on this effort are in the process of identifying authentic AC21 cases that got denials though they did everything to the law and are in process of filing MTR.

If anyone got a denial and wants to help us in this - please send a PM to IV volunteer pd_recapturing

chanduv23
10-29-2008, 08:31 AM
Dear IVans - there will be more discussions and analysis coming on IV in the coming days.

At this time, please participate actively in this campaign.

If anyone thinks that this does not affect me because my ex employer won't revoke 140 or I am having US masters or I work for best company or I have unique skills and whatever you think , you are making a big mistake by taking this issue for granted.

AC21 Memos (Yates & Aytes Memos) are not legally binding. They are just USCIS guidelines and not legally-binding (on USCIS) regulations.

So, potentially anyone can be a victim.

pd_recapturing
10-29-2008, 11:02 AM
Guys, Please send the letter. As Chandu said that anyone can be a victim of AC21 issue so pls pls send the letters asap and support this campaign.

jayleno
10-29-2008, 11:37 AM
None of the memos have stated that AC 21 can be used only in the case of lay offs. It could be a case of USCIS covering up a mistake they did. With the severe retrogression and impending recession there could be several reasons an employee will leave the employer.

One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"

In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps

walking_dude
10-29-2008, 11:55 AM
First and foremost thing we have to understand is that these Memos (Yates and Aytes Memos on AC21) are not legally binding on either USCIS, or the IO issuing denials. They are mere "internal" USCIS guidelines that have no legal standing. There is no option available to us right now, other than requesting (pleading) with USCIS that they follow these guidelines as it's hurting the applicants and their families. And that's what we are doing now, by sending these letters to USCIS top honchos.

I have posted a detailed blog entry on this matter

http://immigrationvoice.org/forum/blog.php?b=10

ishreeram
10-29-2008, 11:58 AM
Done.

chanduv23
10-29-2008, 12:01 PM
First and foremost thing we have to understand is that these Memos (Yates and Aytes Memos on AC21) are not legally binding on neither USCIS, nor the IO issuing denials. They are mere "internal" USCIS guidelines that have no legal standing. There is no option available to us right now, other than requesting (pleading) with USCIS that they follow these guidelines as it's hurting the applicants and their families. And that's what we are doing now, by sending these letters to USCIS top honchos.

I have posted a detailed blog entry on this matter

http://immigrationvoice.org/forum/blog.php?b=10

Yes, we must all understand that AC21 is not a law. USCIS issues internal memos to adjudicate petitions based on guidelines.
All we can do is request USCIS not to send denial notices as it creates hardships to us and our families.

walking_dude
10-29-2008, 12:18 PM
Yes, we must all understand that AC21 is not a law.

The correct way of stating it is AC21 Act of 2000, signed by Pres. Clinton is law of the land. But, that law doesn't come into effect until and unless the concerned Government department (in this case USCIS) publishes the regulations in the Federal Register. This hasn't happened so far with AC21 law, though we are approaching a decade of it's passage.

An unfortunate example I can give to illustrate the point is the U & T visas created by US Congress some years back to help victims of sexual-trafficking and domestic violence to remain in the country and adjust status to LPRs. Unfortunately for these hapless victims, they couldn't get the benefit of these visas as USCIS did not make the regulations for years. ( I'm not sure of the status now).

There is a saying that 'what the legislature gave in the law, the department took away in regulations'. Department can deny the benefits in two ways. Delaying/not framing the regulations or framing them in such a way as to take away the benefits of the law.

mheggade
10-29-2008, 12:45 PM
done:cool:

sweet23guyin
10-29-2008, 02:02 PM
Hope I won't be a victim when I intend to use AC21 !

nk2006
10-29-2008, 03:45 PM
Hope I won't be a victim when I intend to use AC21 !
Thank you for sending the letters. This issue has potential to affect many - unless its fixed.

wangwei417
10-29-2008, 05:27 PM
Done!
Thanks for providing the template.

folks, this is really easy and critical to everyone. Please take couple minutes and send these letters

jungalee43
10-29-2008, 05:54 PM
This is very very important for the entire community, particularly in this economic environment.

jay75
10-29-2008, 05:58 PM
I realized that this is important to me and to everyone, so I did. It took me just 5 mins....and I'm requesting my friends and co-workers to do this...

gc_buddy
10-29-2008, 08:06 PM
I've done the job. Friends, Please take 5 mins of your time and contribute to this important effort. Let us keep this thread on the TOP.

I realized that this is important to me and to everyone, so I did. It took me just 5 mins....and I'm requesting my friends and co-workers to do this...

bazuka6
10-30-2008, 12:21 AM
From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.

In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo’s require that I485’s should not be denied based on that – provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID – again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo’s for whatever the reasons.

Obviously this will have a very bad impact on us – in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.

After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.

I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent – all you have to do is download following 4 google documents – add the date, your name and address – and send it to the address provided on each letter.

http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

To reiterate: You have to send 4 letters – these letters can be downloaded at the above URL’s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716

To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.

Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.


Please change Dear Madam to Dear Ms. Velarde....

Madam can be taken out of context (esp in Washington ;) )

I mailed all 4 after changes

catopa
10-30-2008, 09:47 AM
Sent the letters

gccovet
10-30-2008, 10:10 AM
done my part.
GCCovet.

visa_info
10-30-2008, 11:51 AM
Do I need to sign the letters or just Name and Address ok.

nk2006
10-30-2008, 11:58 AM
Do I need to sign the letters or just Name and Address ok.

Please do sign with your name and address/phone number below. Thanks.

ItIsNotFunny
10-30-2008, 12:38 PM
Guys,

This is one of the most critical issue we are facing today. The activity has proper plan defined as endorsed by IV.

Please don't think that AC21 is not for you. In current market anything can happen to job anytime. Please do participate in the activity and help the group resolving the issue with USCIS in right way.

Sending mails is first step and has to be done successfully before second step could be taken.

Sent my mails.

gccovet
10-30-2008, 01:44 PM
All,
Please get this item in your "TO DO" list.
This is very important not only for you but all of us here. You may not be effected yet, but you might soon. Or someone you know might be getting bitten by it...

We request you to please spare few minutes and read the following, please send the letters stated in Action Item....


check out http://immigrationvoice.org/forum/showthread.php?t=22182

We request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent – all you have to do is download following 4 google documents – add the date, your name and address – and send it to the address provided on each letter.

http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

To reiterate: You have to send 4 letters – these letters can be downloaded at the above URL’s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

To get more background on this issue and see what has been done so far, please see these two threads:
http://immigrationvoice.org/forum/sh...d.php?t=22052;
http://immigrationvoice.org/forum/sh...ad.php?t=21716

Thank you very much for your time.

GCCovet

gccovet
10-30-2008, 05:07 PM
^^^^ Bump^^^^

cnag
10-30-2008, 10:28 PM
I received a response from the ombudsman. I am not sure if our issue is properly understood by his office. When we write about AC21 issues, the response talks about I-140 delays. Gurus, please help me understand the contents of the response below:

Dear xxxxxxxxx:

Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I appreciate your comments regarding I-140 processing at the Service Centers. We are well aware of the processing delays at all of the Service Centers and the AC21 issues created by these delays. USCIS has taken steps to address the processing delays, but their efforts have not come about swiftly. We have received several inquiries such as yours and are very concerned. We are currently discussing these issues with USCIS and continuing to review their policies and procedures concerning these petitions. Hopefully we will soon be able to help USCIS with a recommendation to address the I-140 delays and AC21 problems.



Generally, we do not accept case problems presented by emails. Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/). If you have an individual case problem, please follow the instructions outlined at the website.



I believe that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. My office will consider the information you provided as we develop recommendations to improve USCIS’ practices and procedures.



Once again, thank you for taking the time to contact my office, and for giving me the opportunity to serve you. I look forward to the day when I can report that the work of this office has been accomplished because our vision of a world-class immigration benefits system has been achieved. Your contribution takes us a step closer to reaching this goal.



Office of the Ombudsman

chanduv23
10-30-2008, 11:45 PM
I received a response from the ombudsman. I am not sure if our issue is properly understood by his office. When we write about AC21 issues, the response talks about I-140 delays. Gurus, please help me understand the contents of the response below:

Dear xxxxxxxxx:

Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I appreciate your comments regarding I-140 processing at the Service Centers. We are well aware of the processing delays at all of the Service Centers and the AC21 issues created by these delays. USCIS has taken steps to address the processing delays, but their efforts have not come about swiftly. We have received several inquiries such as yours and are very concerned. We are currently discussing these issues with USCIS and continuing to review their policies and procedures concerning these petitions. Hopefully we will soon be able to help USCIS with a recommendation to address the I-140 delays and AC21 problems.



Generally, we do not accept case problems presented by emails. Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/). If you have an individual case problem, please follow the instructions outlined at the website.



I believe that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. My office will consider the information you provided as we develop recommendations to improve USCIS’ practices and procedures.



Once again, thank you for taking the time to contact my office, and for giving me the opportunity to serve you. I look forward to the day when I can report that the work of this office has been accomplished because our vision of a world-class immigration benefits system has been achieved. Your contribution takes us a step closer to reaching this goal.



Office of the Ombudsman

Lets continue to do what we are doing. It is very essential that all of us participate in this campaign to make it a success.

danu2007
10-31-2008, 12:01 AM
Done...Posted all the four..

bharani
10-31-2008, 11:40 AM
Posted all four letters an hour back.

dipmay2002
10-31-2008, 12:49 PM
Just posted letters

Madhuri
10-31-2008, 01:23 PM
Mailed all 4 letters.

ajm
10-31-2008, 02:20 PM
Mailed all 4 letters this morning.

GreenCard4US
10-31-2008, 04:36 PM
I am sorry if I am bit late on this forum. Why even inform USCIS when you use AC21? There is no rule stating that you have to inform them , so why do it?

walking_dude
10-31-2008, 04:49 PM
It's possible that USCIS may issue a NOID instead of straight denial, when I-140 is withdrawn by the employer, if they have AC21 letter in the file. (It's a possibility, not 100% guarantee.)

With a RFE/NOID you can continue to work while getting the issue resolved. Not so with the denial. You can't work till the issue is reloved, and you need to file MTR (costlier than a RFE). So it's basically a matter of risk-reduction though it always doesn't produce the expected results.

I am sorry if I am bit late on this forum. Why even inform USCIS when you use AC21? There is no rule stating that you have to inform them , so why do it?

walking_dude
10-31-2008, 04:58 PM
Let us all send AC21 action item mails to USCIS. Let us send some more through our spouses and teenage children. Also get some more signed by our friends and neighbors.

The letters are very generic. They can be sent by anyone including GC holders and citizens too. All it costs is a few Dollars! So what are you waiting for you? If you have hired a nanny, make her send one too :)

Amma
10-31-2008, 09:29 PM
I have done my part.

nk2006
11-01-2008, 06:59 PM
I have done my part.

Thank you for doing that. Please ask your friends to do the same.

ilikekilo
11-02-2008, 11:31 AM
whats hte next step

gcwonder
11-02-2008, 08:55 PM
I have send all 4 letters.

chanduv23
11-02-2008, 11:15 PM
whats hte next step

ilikekilo and other friends,
please contact itisnotfunny - send a PM - to volunteer for further steps. Thanks for all the help

pvadiga
11-03-2008, 01:09 AM
Sent the letters. Thanks

cnachu2
11-03-2008, 10:34 AM
I sent letters to all including VSC. Can u please request to send letters to VSC also. Sicne there are some petetions yet at VSC, ofcourse mine is also at VSC.

walking_dude
11-03-2008, 12:09 PM
Just 51? Only 51 members used AC21 or what?

What will it take the rest to participate? USCIS sending denials to your address? If this campaign fails there is no one to help you if this happens.

Send those letters ASAP

ItIsNotFunny
11-03-2008, 12:15 PM
Guys,

I was reading Murthy's FAQ on AC21 she did in 2002. Read Question 6 carefully. Revoking I140 was always an issue, may be never surfaced!

http://www.murthy.com/news/UDac21qa.html

gccovet
11-03-2008, 01:44 PM
guys, please act on sending letters. This is very important.
thank you.

GCCovet

next
11-03-2008, 05:15 PM
Sent

chanduv23
11-03-2008, 06:08 PM
check out my blog on AC21

http://immigrationvoice.org/forum/blog.php?b=12

knacath
11-03-2008, 11:25 PM
Sent 8 letters (spouse+self)

amsgc
11-04-2008, 01:09 AM
Good one, thanks.

check out my blog on AC21

http://immigrationvoice.org/forum/blog.php?b=12

chanduv23
11-04-2008, 11:22 AM
Lets this stay on top

chanduv23
11-04-2008, 03:21 PM
^^^^^^^^^^^

ItIsNotFunny
11-04-2008, 05:13 PM
Bump ^^^^^

punjabi
11-05-2008, 12:24 AM
Perhaps another item may be added to the poll:

"I have sent the four letters to the respective addresses."

..otherwise it still remains in future tense.

NYC-circuit
11-05-2008, 09:03 AM
Posted the letters on Election day :-)

ItIsNotFunny
11-05-2008, 04:17 PM
Bump ^^^^

pd_recapturing
11-05-2008, 05:16 PM
Please send the letters out. It's very important and just takes 5 minute to do so.

nk2006
11-06-2008, 10:27 AM
Keep sending the letters. For all our future action items on this issue - its most important to send large number of letters so officials are aware of its effects and the related concern.

I think 100 or so letters are not going to have that kind of effect; we need several hundreds if not thousands. We are a 30K member organization - we can do better than what we are doing now.

If you havent sent the letters already please do so today, it wont take more than a few minutes.

chanduv23
11-06-2008, 10:44 AM
I was wondering if there are any plans for a recapture campaign ? my feeling is that we should concentrate on recapture at all times ..even if it is something in preparation i.e. do some homework now itself in anticipation ..the other point is keep talking about IV and get new members ..in the last 2 days ..I came across 2 people in various stages of immigration and they did not know about IV ..and they have joined now. I guess this is the most effective way to increase membership

well - we need money for lobbying and our funding drives are not going well. As nothing has happened on the legislative front, our members are not happy. But we must not give up.

WSe will do what we can. Please help reenergizing our base. It is very essential that we see a new generation of dedicated IV members.

n_2006
11-06-2008, 11:05 AM
Too lazy
Too scary
Too selfish

So far I am lazy. I am sending them today.

Just 51? Only 51 members used AC21 or what?

What will it take the rest to participate? USCIS sending denials to your address? If this campaign fails there is no one to help you if this happens.

Send those letters ASAP

ItIsNotFunny
11-06-2008, 11:43 AM
Too lazy
Too scary
Too selfish

So far I am lazy. I am sending them today.

Its pity that we call our selves as most educated intellectual group but can't stand for group efforts. Intelligence has no value if you can not stand for yourself. This is why Joe the plumber gets more attention than us.

baleraosreedhar
11-06-2008, 11:53 AM
Hi

Can you please post the document it self, so that I can download it, as I cannot access google documents from my work place and hope others are also facing this issue, can you please post the documents on the main page so that we can download it from this site rather than going to google documents.
Can any of super moderators do it please.

jayleno
11-06-2008, 11:58 AM
Untill that happens, if you dont mind, PM me your e-mail address and I will be more than happy to e-mail you the docs.
Anyone who are not able to download the documents can do the same.
Hi

Can you please post the document it self, so that I can download it, as I cannot access google documents from my work place and hope others are also facing this issue, can you please post the documents on the main page so that we can download it from this site rather than going to google documents.
Can any of super moderators do it please.

vinicola78
11-06-2008, 01:43 PM
Folks,

I sent the letters and also invoked the AC21 through a lawyer a month ago. However, inspite of all this, I see a new update for my 140 petition today -

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: Withdrawal Acknowledgment Notice Sent

On November 5, 2008, we mailed a notice acknowledging withdrawal of this application or petition I140 IMMIGRANT PETITION FOR ALIEN WORKER. If you have not received the notice within 30 days of November 5, 2008, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

I am not sure if this means that my 485 will be denied shortly...

chanduv23
11-06-2008, 02:46 PM
Folks,

I sent the letters and also invoked the AC21 through a lawyer a month ago. However, inspite of all this, I see a new update for my 140 petition today -

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: Withdrawal Acknowledgment Notice Sent

On November 5, 2008, we mailed a notice acknowledging withdrawal of this application or petition I140 IMMIGRANT PETITION FOR ALIEN WORKER. If you have not received the notice within 30 days of November 5, 2008, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

I am not sure if this means that my 485 will be denied shortly...

This could be a new status message by USCIS when 140 is withdrawn by employer. If I am not worng, the notice that they mailed out, will gop to employer and not you.

Call customer service to know about ur 485. I am hoping it will be fine as you filed for ac21

vinicola78
11-06-2008, 03:58 PM
I sure hope that it is not a denial. In any case, I am preparing for the worst and trying to save some money to pay the lawyers for an MTR...

nk2006
11-06-2008, 04:09 PM
I sure hope that it is not a denial. In any case, I am preparing for the worst and trying to save some money to pay the lawyers for an MTR...

Hope your I485 is fine, please update us if you see any change in status or LUD's on 485. Good luck.

gc4me
11-06-2008, 05:30 PM
Sorry to hear that. Hope that will not effect your I-485 application processing.

For me, I have not seen any status change to my 140. After a series of LUDs to both 485 and 140 at last today I see my 485 status has changed. It says RFE sent. Good that I have not received any NOID or Denial. This is the best case scenario that I was hoping for. I have yet to receive the RFE to see the actual cause. But hoping this is due to 140 withdrawal. I thank the IO who is working on my case as he/she is quite knowledgeable and issued a RFE not NOID or denial.

So people please keep sending letters.

Folks,

I sent the letters and also invoked the AC21 through a lawyer a month ago. However, inspite of all this, I see a new update for my 140 petition today -

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: Withdrawal Acknowledgment Notice Sent

On November 5, 2008, we mailed a notice acknowledging withdrawal of this application or petition I140 IMMIGRANT PETITION FOR ALIEN WORKER. If you have not received the notice within 30 days of November 5, 2008, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

I am not sure if this means that my 485 will be denied shortly...

chanduv23
11-06-2008, 06:10 PM
Sorry to hear that. Hope that will not effect your I-485 application processing.

For me, I have not seen any status change to my 140. After a series of LUDs to both 485 and 140 at last today I see my 485 status has changed. It says RFE sent. Good that I have not received any NOID or Denial. This is the best case scenario that I was hoping for. I have yet to receive the RFE to see the actual cause. But hoping this is due to 140 withdrawal. I thank the IO who is working on my case as he/she is quite knowledgeable and issued a RFE not NOID or denial.

So people please keep sending letters.

Well this is what I understand - difference between RFE and NOID
If it is an RFE - you can withdraw your 485 petition and apply for a new 485 petition (if you are current) and that is not possible in NOID. So if you are retrogressed - it is almost the same.

Also remember that technically both are same - some IOs update status message to "Request sent ..." some do not. When I got to know something happened to my 140 and 485 I called customer service and they explained that "We have sent letter requesting information, so please do not panic" when I received the letter it was NOID.

Good luck, atleast you got a good IO.

Lets keep sending letters until we stop seeing denials and start seeing posts like this

laborchic
11-06-2008, 07:07 PM
Sending my letters this evening. finished everything moments ago..

friends: This is the time to act. I havent yet used AC21 but god forbid if I have to use it in this economy I dont want to be in this mess.

Sorry for the folks who received denials and hope we come out this together..

nk2006
11-07-2008, 10:35 AM
Sending my letters this evening. finished everything moments ago..

friends: This is the time to act. I havent yet used AC21 but god forbid if I have to use it in this economy I dont want to be in this mess.

Sorry for the folks who received denials and hope we come out this together..

Thanks laborchic.

Yes this has the potential to affect everyone - look at today's main news - 240k more jobs are lost and prediction that economy can get much more worse. The last thing we want in these times is another GC/visa related issue at back of our minds. This is the time to act before its too late.

baleraosreedhar
11-07-2008, 11:20 AM
Untill that happens, if you dont mind, PM me your e-mail address and I will be more than happy to e-mail you the docs.
Anyone who are not able to download the documents can do the same.

at baleraosreedhar @ yahoo dot com

Thanks
Sreedhar

shree772000
11-07-2008, 11:31 AM
Are we seeing any kind of response to our letters in this matter? I would be very interested to know if they are responding in any way....

Please share if you have any info regarding that.

RanchCharm
11-07-2008, 11:33 AM
I just prepared all the letters and posted in regular mail.

Hope it will reduce some trouble for our immigration community.

Thanks IV and others.
-Nachi

gccovet
11-07-2008, 11:37 AM
How can we get this issue more visible to IV members? Just 64 letter is not enough. We are a community of 30K strong!!!


Folks,
Please start ending letters, ask/encourage your peers to send them as well.
Looks like most of IV members are being ignorant of these issue, this will be a big issue if not acted fast. We need to get it corrected before it becomes a major one. Look at DOL's unemployment figures 6.5% unemployment was announced!!!! Worst since 1994.

Please act on these.

Thanks for your support.

GCCovet

akhilmahajan
11-07-2008, 11:54 AM
I thought i had updated the poll and posted a message here, but to my surprise not.

Me and My wife, both have sent out the letters last week.

GO IV GO. TOGETHER WE CAN.

pd_recapturing
11-07-2008, 01:22 PM
Guys, we have already seen the Dec visa bulletin and there is absolutely no change in processing dates so its even more important to fix the AC21 issue ASAP. With this huge delay in 485 approval, more and more people will force to get into AC21 and will see more denials.
So please please, send letters.

jayleno
11-07-2008, 02:24 PM
e-mailed you the docs.

at baleraosreedhar @ yahoo dot com

Thanks
Sreedhar

siddhu98
11-07-2008, 04:28 PM
I will send out the documents tomorrow. Can you forward the docs to my email id
Thanks.

nk2006
11-07-2008, 06:10 PM
I will send out the documents tomorrow. Can you forward the docs to my email id senthilpkumar@hotmail.com?

Thanks.

I just sent them to the email address you provided. Thanks.

jayleno
11-07-2008, 08:55 PM
I just got a response back from TSC. They attached my letter, the envolope I sent the letter in and a response.

The response is a standard one...."Thank you for your recent enquiry to the TSC.....contact NCSC...blah blah...blah". No mention of AC-21, 140 etc. I dont know what to make of it. Same for my wife's letter.

Well...atleast we know it reached them :).

gangadhargs
11-08-2008, 05:54 PM
I also sent the letters. Just now received a standard form reply which asks me to go to uscis.gov or call the customer service center if I have any questions about my case. It seems that they did not realize that the letter I sent was not about "my" case but about an issue that is affecting everybody. It seems like they did not even read our letters!!

addsf345
11-08-2008, 06:42 PM
I also sent the letters. Just now received a standard form reply which asks me to go to uscis.gov or call the customer service center if I have any questions about my case. It seems that they did not realize that the letter I sent was not about "my" case but about an issue that is affecting everybody. It seems like they did not even read our letters!!

I am sorry if I am wrong, but do you think if IV CORE try to hold a meeting with top CIS officials on this issue, wouldn't that be more effective? Many members reported not getting proper response to letters. Who knows whether anyone @CIS has time & willingness to read and act on our letters? Why not take an active approach rather than passive one?

I agree, We still should send the letters though. I will send mine by monday Nov. 10. Meanwhile, if we can do the webfax or email, we may can have more members participate. just my 2 cents!

nk2006
11-08-2008, 09:38 PM
I am sorry if I am wrong, but do you think if IV CORE try to hold a meeting with top CIS officials on this issue, wouldn't that be more effective? Many members reported not getting proper response to letters. Who knows whether anyone @CIS has time & willingness to read and act on our letters? Why not take an active approach rather than passive one?

I agree, We still should send the letters though. I will send mine by monday Nov. 10. Meanwhile, if we can do the webfax or email, we may can have more members participate. just my 2 cents!

Thanks for planning to send the letters.

Actually this letter campaign is just one part of the whole exercize. There are other efforts to talk with USCIS officials but to get positive/quick results we need to make enough noise so that officials recognize that it is a problem affecting large number of people. We need to keep on sending letters.

As can be expected its not an easy task to establish a proper channel and talk to officials and make them agree that recent spate of denials are wrong and are not in accordance with AC21 regulations (as someone pointed out AC21 regulations are only guidelines and not rules - so we need to tread a careful path here). To establish this proper channel and also for strong negotiation in our favor - we need to bring attention to this issue. The best way for that is to write to them - of course we might receive some generic replies, its fine - but if we send hundreds of letters with same request/complaint it does will catch their attention and help us in speeding up the other steps that are thought of as part of this campaign.

But first thing is to write - its kind of disappointing to see the number of letters sent (or to be sent). It only takes a few minutes.

ngopikrishnan
11-09-2008, 11:36 AM
I mailed the letters today.

ajay
11-09-2008, 02:03 PM
I mailed those letters physically by mail. No replies yet though!!!

ItIsNotFunny
11-10-2008, 10:40 AM
Bump ^^^^

ireddy
11-10-2008, 10:50 AM
Sent on 11/5/08. No reply yet.

ItIsNotFunny
11-10-2008, 12:07 PM
I am sorry if I am wrong, but do you think if IV CORE try to hold a meeting with top CIS officials on this issue, wouldn't that be more effective? Many members reported not getting proper response to letters. Who knows whether anyone @CIS has time & willingness to read and act on our letters? Why not take an active approach rather than passive one?

I agree, We still should send the letters though. I will send mine by monday Nov. 10. Meanwhile, if we can do the webfax or email, we may can have more members participate. just my 2 cents!

So far not even 100 participants to the event. This lack of action is killing us. I sincerely thank people who sent mails.

chanduv23
11-10-2008, 12:17 PM
folks - do not expect any responses or please igonre any unrelated responses. Please keep sending the letters.

Please keep this thread on top.

Please spread the message and ask everyone to post.

newuser
11-10-2008, 01:25 PM
I mailed the letters today

coolpal
11-10-2008, 01:41 PM
I will send the letters this week....

thanks,
pal :)

nk2006
11-10-2008, 02:33 PM
I will send the letters this week....

thanks,
pal :)

Thank you coolpal.

little_willy
11-10-2008, 02:38 PM
Just mailed the letters (4 each) for me and my wife. Thanks for the initiative guys....

nk2006
11-10-2008, 02:50 PM
Please keep writing. As many posters already pointed out - economy is getting worse and changing job may become a necessity to many of us. We cannot afford to jeopardize our green card process - if our old employer withdraws I140. Our only way is to raise and get enough attention to this issue so something is done quickly before it becomes a norm.

(I dont mean to start a ticker here on economy but following events in the recent past speak for themselves. Bankruptcies: Circuit City, LinenNThings, LehmanBrothers. Restructuring/Layoffs: AIG, MerrilLynch, Yahoo, Nortel, Cadence, eBay, Nokia, etc. Official Hiring freeze: Cisco, etc. Unoffical hiring freeze: Google (in many divisions) and a lot of medium sized companies) Look an active ticker at: http://news.cnet.com/tech-layoffs/

ItIsNotFunny
11-10-2008, 04:37 PM
Bump ^^^^

kevinkris
11-10-2008, 06:06 PM
Guys do it ASAP.
It's just $1.26

addsf345
11-10-2008, 06:51 PM
Guys do it ASAP.
It's just $1.26

I have printed my docs and will be in mailbox by tonight. Thanks to all & GO IV

note: also forwarded to all my friends in same boat

pvadiga
11-10-2008, 10:01 PM
Recieved a standard reply letter stating, thank you for your inquiry and you can track your inquiry through our tracking system. It is dated Nov 06 2008 A.M 01 and is attached to the letter we sent along with the envelope. I don't know if anybody else has recieved the same reply. We will have to see what we receive from other centers if we receive one. Thanks

maddipati1
11-10-2008, 10:15 PM
i did exactly same. sent 4 each for me and my wife, emailed to friends too.


althought i might not use AC21, this is a major major issue guys!

All the fruits of July Fiasco are gone, if this is not stopped.

this is essential for everyone, especially in this economy.

this is something that works, coz its just letting the idiots know what they should be doing in the first place.

come on guys! 5 minutes and couple of $$, thats all it takes.


I have printed my docs and will be in mailbox by tonight. Thanks to all & GO IV

note: also forwarded to all my friends in same boat

gc4me
11-10-2008, 10:44 PM
I got the RFE at last. I invoked AC21. The RFE for me is asking for 2 evidences

01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that

02. Submit current dated EVL for your new employer. No issue. we can answer that

For my wife also asking for 2 evidences:

01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.

I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.

danu2007
11-10-2008, 11:40 PM
Recieved a standard reply letter stating, thank you for your inquiry and you can track your inquiry through our tracking system. It is dated Nov 06 2008 A.M 01 and is attached to the letter we sent along with the envelope. I don't know if anybody else has recieved the same reply. We will have to see what we receive from other centers if we receive one. Thanks

I got the same reply from texas service center!!

va_dude
11-11-2008, 12:12 AM
gc4me....
sorry to hear about the problem with your app.

I think at this point it's best you hired a good attorney to help you through this RFE and work with him/her on the best way to present your case.

good luck.
va_dude

desi485
11-11-2008, 12:14 AM
I got the RFE at last. I invoked AC21. The RFE for me is asking for 2 evidences

01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that

02. Submit current dated EVL for your new employer. No issue. we can answer that

For my wife also asking for 2 evidences:

01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.

I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.


I personally know a friend of mine who did the same mistake. He was not aware that he will also have to file for his wife when he did an h1 ext few years back. Lawyer was also not aware that he was married at that time. His 485 is still pending in EB-3, so no idea what would be the outcome.

javadeveloper
11-11-2008, 12:25 AM
we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.

It's your company's responsibility to make you aware about your dependent's status too.I worked for a small desi company for sometime and they lied that My wife doesn't need H4 extension because she is dependent on me.Fortunately I came out of that company.

gc4me
11-11-2008, 12:39 AM
For more information, we went to visit our home country and re-entered from JFK with no issue twice after 2004. We got H4 tranfered, EAD advanced Payrole too with no issue al all. Looks like "nunc pro tunc" is the solution according to Murthy. Anybody has experience with "nunc pro tunc" please post your experience. http://www.murthy.com/news/n_nunpro.html

I got the RFE at last. I invoked AC21. The RFE for me is asking for 2 evidences

01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that

02. Submit current dated EVL for your new employer. No issue. we can answer that

For my wife also asking for 2 evidences:

01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.

I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.

Nil
11-11-2008, 10:18 AM
The Los Angeles Times (11/11, Watanabe) reports that, according to a report from the Migration Policy Institute, there is "a massive 'brain waste' of highly educated and skilled immigrant professionals who potentially could, with a little aid, help ease looming labor shortages in California and nationwide in healthcare, computer sciences and other skilled jobs." According to the report's findings, "nationwide, more than 1.3 million college-educated legal immigrants are unemployed or working in unskilled jobs such as dishwashers or taxi drivers," and "nearly one-fourth of them, or 317,000, live in California." The report also "noted that competition for such professionals is heating up, with other countries such as Canada and Australia moving aggressively to attract them with better transition programs," and "suggested an expansion of successful programs such as Welcome Back," which helps transition immigrants with medical skills "back into the healthcare field."

Junky
11-11-2008, 12:33 PM
Bro nk2006, thanks for taking this initiative
I have just send all the four letters.

desi485
11-11-2008, 02:14 PM
Found some interesting information at this URL (http://www.ilw.com/articles/2006,0321-murthy.shtm)

"While a denial due to USCIS error can normally be addressed in a Motion to Reopen, it is obviously never a good situation, especially if the applicant and/or the family members do not have a backup nonimmigrant status, such as H1B or H-4. Without the backup status, each I-485 applicant will be immediately out of status upon issuance of the denial. Often all employment cards are no longer valid once the I-485 is denied, as well, causing an additional financial toll on a family."

This looks from murthy and contradicts with what Ron Gotcher mentioned on his website.

ItIsNotFunny
11-11-2008, 06:57 PM
Bump ^^^^

ItIsNotFunny
11-12-2008, 12:46 PM
Bumping the original thread. I will try to keep this on top for today for people's attention.

ajay
11-12-2008, 12:53 PM
Got a reply from Texas office of Mr. David Roark. about uscis.gov and asking to login and know the status!!

ilikekilo
11-12-2008, 01:12 PM
Bumping the original thread. I will try to keep this on top for today for people's attention.

got a reply from ombudsman....iam sure others got this too...

Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).



We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.



If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.



Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.



Thank you for your cooperation.

ItIsNotFunny
11-12-2008, 01:14 PM
got a reply from ombudsman....iam sure others got this too...

Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).



We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.



If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.



Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.



Thank you for your cooperation.


This is good. Seems like now they are aware of the issue. Cheers guys for step 1.

MCQ
11-12-2008, 01:18 PM
For more information, we went to visit our home country and re-entered from JFK with no issue twice after 2004. We got H4 tranfered, EAD advanced Payrole too with no issue al all. Looks like "nunc pro tunc" is the solution according to Murthy. Anybody has experience with "nunc pro tunc" please post your experience. http://www.murthy.com/news/n_nunpro.html
gc4me - I have experience using "nunc pro tunc" - and it saved my I-485 (AC21).
I had just come back from vacation (09/01) and the Officer at the POE stamped my I-94 with the date on my visa (11/01), instead of the date of my then H1-B extension I-797 approval notice (03/03) which I had with me.
I explained to her she had stamped the wrong date, she said that was all I was allowed. I tought this wrong so mentioned it my attorney when I got home. My attorney confirmed that the POE Officer was wrong - so drafted a letter for me to take to my local INS Office to get the card corrected - along with one of her paralegal assistants. The Officer at the INS office took one look at the letter and supporting documents and told me I was ok as the I-797 had me covered to 2003. The paralegal then typed up a eport of the meeting with the INS, saying everything was ok, and we thought that was the end of the matter.
How wrong we were.
I next left the US to go on vacation in November 2002. By this time I had renewed my visa through the now non-existant Department of State mail in program, got my Labour Certificate, my I-140 and had filed my I-485. The issue of my erroneously stamped I-94 was a distant memory and I had no trouble getting back into the US with the new Visa, and my I-797.

The following Februaury my company ran into some problems and I was let go. Luckily I had passed the magic 180 days so was able to invoke AC21 and went to find a new job, which I did. My new employers were quite happy to take over the GC sponsorship as all they had to do was send a letter to the now USCIS and work with their lawyers.

That's where the trouble started. USCIS got the letter, put it on my file and started their review of my I-485.
They then sent me an RFE asking me to prove I had been here legally between the expiration of my old I-94 in 11/01 and when I submitted the I-485 in July 2002. (I-485 for AOS can only be submitted if you are legally in the US at time of submittal). I was devastated as it looked as though they were going to deny my I-485 due to an INS mistake.
As it was more than 365 days from when my I-94 "Expired" till I left on my next trip, I was looking at deportation and a 10 year ban from the United States.

Luckily it is a good thing I am a pack rat and keep every bit of correspondance between me and my lawyers. I was able to go to my new lawyers with the info and statements from my old lawyers about what had happened back in 2001 with the INS and my I-94 and after getting Sworn Affadavits (on pain of Perjury) from my old lawyer, paralegal and myself, we went to the local USCIS office and made an appointment with the Director and asked for a "Nunc pro Tunc" decision on the I-94 as it was clearly an INS mistake and that we had acted in Good Faith throughout in trusting the INS official.
We got the "Nunc pro Tunc" and responded to the RFE. Six weeks after that - I got the I-485 Approval notice and my passport stamped the week after.

The things for anyone to take away from my experience are.
1. When you realize a mistake has been made - act on it immediately - like I did as soon as I left the airport on September 2001

2. Document everything - to prove that you acted in Good Faith throughout the process.
Every conversation you have with someone relating to your case - your employer, your lawyer, the USCIS - get the main points in writing - email is graet for this - fire off an email - get confirmation (ok - not so helpful when talking to USCIS)

3. Keep EVERYTHING. take photocopies of I-94's, I-797's - everything. Every letter, every email. You never know when you'll need them.

4. Yes, the Government really does know where everything is in your file and they will catch even the smallest mistake.

Hope that helps you gc4me. If you can prove you acted in Good Faith throughout the whole process from finding the mistake and trying to correct it - your chances of getting the "nunc pro tunc" go up.

GOOD LUCK

ItIsNotFunny
11-12-2008, 01:19 PM
Guys,

Now one of us has to take responsibility to gather evidence and forward to Ombudsman.

chanduv23
11-12-2008, 01:25 PM
got a reply from ombudsman....iam sure others got this too...

Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).



We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.



If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.



Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.



Thank you for your cooperation.

Please work with pd_recapturing on this. He is communicating with folks whose 485 has been denied erroneously and those who are willing to give their details.

MCQ
11-12-2008, 01:29 PM
It's your company's responsibility to make you aware about your dependent's status too.I worked for a small desi company for sometime and they lied that My wife doesn't need H4 extension because she is dependent on me.Fortunately I came out of that company.
javadeveloper - it is your company's responsibility (more likely their immigration attorney)to keep you informed of YOUR status, but it is YOUR responsibility for your dependants. Sure, the smart attorney is going to want to take care of all of the paperwork at once when filling for extensions etc as it's less hassle for them - but that doesn't absolve you from that responsibility.

Had it happen to a friend - his wife and kids had to leave the country, get new visas and H4's and were away for 7 months. Missed nearly a year of school simply because his new company weren't informed of tehm when he swicthed jobs

insbaby
11-12-2008, 01:44 PM
I got the RFE at last. I invoked AC21. The RFE for me is asking for 2 evidences

01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that

02. Submit current dated EVL for your new employer. No issue. we can answer that

For my wife also asking for 2 evidences:

01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.

I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.

You can not change what had happened. They already found it.

And you did not do that in purpose and the dependant did not take any advantage during that period. So get a good lawyer and give proper explanation. Being out of status does not disqualify the application immediately. It depends on the explanation and the reviewer. There may be exceptions.

Good luck.

akhilmahajan
11-12-2008, 02:02 PM
Seems like they are getting aware of the problem. Folks lets keep on sending letters. It for our betterment and goodwill. The harder we work on this, the more fruitful will it be for the community as a whole.

Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).



We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.



If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.



Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.

Thank you for your cooperation.

Sincerely,

CIS Ombudsman

Now, i am waiting response to my letters.

GO IV GO.

newuser
11-12-2008, 02:30 PM
Got the reply back from Ombudsman

ItIsNotFunny
11-12-2008, 03:18 PM
Got the reply back from Ombudsman

Cool. This has picked up momentum. Lets keep sending mails.

gc_buddy
11-12-2008, 03:31 PM
I got the following response for Ombudsman for AC21 mail sent to them a week ago. They need Evidance of I 485 denials to discuss with USCIS. The following is the mail I got. People who have been affected already. Please share this with Ombudsman..Let's keep the momentum going..

================================================== ===

Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.

If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.

Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.

Thank you for your cooperation.

Sincerely,

CIS Ombudsman
================================================== ========

ItIsNotFunny
11-12-2008, 03:34 PM
Please help PD_Recapturing. He is putting efforts gathering evidence from affected people.

I got the following response for Ombudsman for AC21 mail sent to them a week ago. They need Evidance of I 485 denials to discuss with USCIS. The following is the mail I got. People who have been affected already. Please share this with Ombudsman..Let's keep the momentum going..

================================================== ===

Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.

If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.

Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.

Thank you for your cooperation.

Sincerely,

CIS Ombudsman
================================================== ========

chanduv23
11-12-2008, 03:46 PM
Those who are willing to provide their denial info (no name or address - everything can be scratched - just the letter), please send PM to pd_recapturing

Those who received Ombudsman responses to send denial info - please contact pd_recapturing via a PM (private message)

gc_buddy
11-12-2008, 03:53 PM
I have recieved Omb response since I partificipated in the campaign. But, I have not used AC21 yet. Will be contacting PD_Recap for further direction.

Those who are willing to provide their denial info (no name or address - everything can be scratched - just the letter), please send PM to pd_recapturing

Those who received Ombudsman responses to send denial info - please contact pd_recapturing via a PM (private message)

gc_buddy
11-12-2008, 03:55 PM
Guys,

Please don't be afraid to share your denial info. At this time, OMB is asking to remove all personally identifiable information from reciept notices. So, we don't have to worry. We will get much attention only with specific evidances. Please do not hesitate..

I have recieved Omb response since I partificipated in the campaign. But, I have not used AC21 yet. Will be contacting PD_Recap for further direction.

skarthy
11-12-2008, 04:12 PM
sent 2, running low on envelopes , will send the remaing 2 soon.

Great Effort, kudos to the IV leadership team.

pd_recapturing
11-12-2008, 04:35 PM
I got the following response for Ombudsman for AC21 mail sent to them a week ago. They need Evidance of I 485 denials to discuss with USCIS. The following is the mail I got. People who have been affected already. Please share this with Ombudsman..Let's keep the momentum going..

================================================== ===

Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.

If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.

Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.

Thank you for your cooperation.

Sincerely,

CIS Ombudsman
================================================== ========
This is a good news. Do we need to tell individuals who are affected to send email to that email address? Let plan asap.

ItIsNotFunny
11-12-2008, 04:37 PM
This is a good news. Do we need to tell individuals who are affected to send email to that email address? Let plan asap.

I don't think thats a good idea. You collect all evidence and we represent at once.

Opinion?

gccovet
11-12-2008, 04:54 PM
I don't think thats a good idea. You collect all evidence and we represent at once.

Opinion?

I agree with you.
How about defining a deadline? We push to get all the info by the deadline and then send the whole bunch together.

All folks who were on conference calls, whose were willing to share their info, please do come forward and (scratch out your personal info.) send the documents to PD_recap.

PD_Recap, we can scan the documents to produce a tif.jpeg or pdf file. Let me know if you need help in that.

GCCovet

sprash
11-12-2008, 09:34 PM
Just sent the 4 letters.
Hope it helps!

gccovet
11-13-2008, 10:04 AM
Wake up call for all procrastinators...
If you have not send the letters yet, please do.
Better be late then never.


People who's cases got denied,
Please scan (remove your personal data before scanning) or send your papers to PD_Recapturing.


Thank you very much for the support.

GCCovet

pmat
11-13-2008, 10:39 AM
Sent the 4 letters early this week.

chanduv23
11-13-2008, 10:48 AM
I had sent the four letters to different service centers. Got a reply letter back from TSC.
The letter says "Thanks you for your recent inquiry to the Texas Service Center (TSC) via letter for information regarding your case. ....." Seems like a standard letter template.
They returned my letter and even the envelope too. :)

I am assuming they have a clerk who has been instructed to do this.
Lets not worry about it, lets keep sending the letters

chanduv23
11-13-2008, 12:38 PM
If clerk is doing this as per instruction means, we are being noticed and that is precisely what we wanted anyways. I don’t think USCIS higher ups have any malicious intent. Whole issue may be due to lack of training of IOs.

I agree. They may not have any malicious intent. But it is surprising that such things have been happening for 8 years, everyone talk about it, community gets shit scared and willing to compromise on jobs - accepting fate - going through problems, but no one was interested in moving a step forward and try to address this.

In my opinion, we are not there yet, but are making good progress. We need a lot of letters to go out so that they understand how much this is impacting us, especially hard working immigrants who ply by the rules.

nk2006
11-13-2008, 01:28 PM
If clerk is doing this as per instruction means, we are being noticed and that is precisely what we wanted anyways. I don’t think USCIS higher ups have any malicious intent. Whole issue may be due to lack of training of IOs.
I think we are getting noticed. With Ombudsman's office also, we initially got a very generic response - but now we are getting more specific response and asking us to provide more info. With USCIS officials it might take a bit longer but we need to keep sending letters and they will realize the issue.

They may not have any malicious intent but if this practise is not brought to their immediate attention it can become more prevalent. Rules surrounding AC21 are confusing and they never got into rule making process. By raising this current issue - we might even get lucky in convincing USCIS to speed up the rule making process of AC21.

If you havnt yet sent letters - please do send them.

desi485
11-13-2008, 02:36 PM
I think we are getting noticed. With Ombudsman's office also, we initially got a very generic response - but now we are getting more specific response and asking us to provide more info. With USCIS officials it might take a bit longer but we need to keep sending letters and they will realize the issue.

They may not have any malicious intent but if this practise is not brought to their immediate attention it can become more prevalent. Rules surrounding AC21 are confusing and they never got into rule making process. By raising this current issue - we might even get lucky in convincing USCIS to speed up the rule making process of AC21.

If you havnt yet sent letters - please do send them.

My letters are also on the way. I sent 4 letters by USPS as mentioned in first post on this thread.

do I need to send more, or do we have webfax or emails to be sent?

can you provide a PDF/word doc and ask memebers to use free www.faxzero.com to send it? Suggestions?

miapplicant
11-13-2008, 02:53 PM
I have printed 4 copies each (for my hubby & me) and will mail the letters tonight. Thank you again for this initiative and for providing the letter format. Makes the task easier.

chanduv23
11-14-2008, 12:40 PM
^^^^^^^^^^

jungalee43
11-14-2008, 12:55 PM
I received standard reply from TSC yesterday. "In absence of A# or SRC number we are unable to locate your file. If you would like to re-submit please quote these numbers......."
Of course I received my envelope also.

GCKaMaara
11-14-2008, 01:12 PM
Mails sent.

cutehemu
11-14-2008, 03:45 PM
just mailed them ...thanx

ItIsNotFunny
11-14-2008, 05:12 PM
Bump ^^^^

desi485
11-14-2008, 05:21 PM
Bump ^^^^

I did send letters by USPS, but email to CIS Ombudsman is not yet sent. Can you provide link or redirect, how to do this? (template etc.) will do this ASAP. Also ask my co-workers to do this. Thanks! You are doing a great great Job for our community.

miapplicant
11-14-2008, 05:23 PM
I did.

^^^^BUMP^^^

nk2006
11-14-2008, 05:31 PM
I did send letters by USPS, but email to CIS Ombudsman is not yet sent. Can you provide link or redirect, how to do this? (template etc.) will do this ASAP. Also ask my co-workers to do this. Thanks! You are doing a great great Job for our community.

Thanks you can send email/mail to Ombudsman at:
======================
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
=======================

There is some discussion on this at another thread (http://immigrationvoice.org/forum/showthread.php?t=22052;). I will update the first post on this thread with Ombudsman contact info.

bkn96
11-14-2008, 09:00 PM
My I140 is approved and I am a July07 filer of 485. In July08 I moved to self-employment after consulting a good lawyer. Now my previous employer withdrawn I 140 and today I got 485 denial notice. I didnot filed AC21 as lawyer told it is optional.. :mad:

jungalee43
11-14-2008, 09:08 PM
Contact pd_reacpturing immediately.

My I140 is approved and I am a July07 filer of 485. In July08 I moved to self-employment after consulting a good lawyer. Now my previous employer withdrawn I 140 and today I got 485 denial notice. I didnot filed AC21 as lawyer told it is optional.. :mad:

bkn96
11-14-2008, 09:18 PM
I am new to forum. How to contact PD_reacpturing?

jungalee43
11-14-2008, 09:42 PM
He has many posts on this forum. Click on his user ID and send him PM. Additionally this thread should help you.

http://immigrationvoice.org/forum/showthread.php?t=22398

pd_recapturing
11-15-2008, 01:20 PM
I am new to forum. How to contact PD_reacpturing?
Hi Bkn96, I received your PM. Please check your PM. Thx

gccovet
11-16-2008, 03:26 PM
bump-make it stay on top

santb1975
11-17-2008, 02:02 AM
Does anyone have a count?

bkn96
11-17-2008, 11:34 AM
How is response to MTRs sofar. Are they encouraging? What happens if MTR not approved what are the options?

Naah
11-17-2008, 12:37 PM
I have sent the 4 letters.

ItIsNotFunny
11-17-2008, 12:39 PM
I have sent the 4 letters.

Nice. Guys please keep it up. We need to be consistent and persistent.

addsf345
11-17-2008, 12:42 PM
How is response to MTRs sofar. Are they encouraging? What happens if MTR not approved what are the options?

I read on Mutrhy and RG's website that their initial MTR are successful and CIS has re-initiated 485s. This makes sense as the revocation of 485 in above cases were against the policy and possibly just an error. Its a different thing that it can create a havoc in candidates life, particulary if the candidate doesn't have H1 to back and if he is working on EAD. What a joke!!!

chanduv23
11-17-2008, 12:44 PM
To all those lazy folks out there - economy is constantly deflating and you must understand that you may not be spared. This action item is simple and it takes just 10 minutes. If you can't even do this to help yourself - then you face the consequences

bkn96
11-17-2008, 12:50 PM
I don't have H1 backup and already in 8th year. I am on self employment, But my lawyer suggested to apply H1extension (through my company) as a backup if MTR denied. If MTR are successful they I don't have to go on through H1 hassle again..

ItIsNotFunny
11-17-2008, 01:01 PM
Please check with some other attorney too. As per my understanding, you can not file H1 from your own company.


I don't have H1 backup and already in 8th year. I am on self employment, But my lawyer suggested to apply H1extension (through my company) as a backup if MTR denied. If MTR are successful they I don't have to go on through H1 hassle again..

addsf345
11-17-2008, 01:02 PM
I don't have H1 backup and already in 8th year. I am on self employment, But my lawyer suggested to apply H1extension (through my company) as a backup if MTR denied. If MTR are successful they I don't have to go on through H1 hassle again..

what is the thoughts/advise of your lawyer on EAD status? Before H1 is available (if at all in your case) can you continue working on EAD?

Did you send email to CIS Ombudsman and explained your case? If you read this thread, his email address and guidance to send email are provided. Do this if you haven't done it so far.

bkn96
11-17-2008, 02:05 PM
Good suggestion, I didn't ask about EAD, I will check next time. But I guess evantually EAD would be revoked after I485 is denied. I think H1 is a backup plan if MTR denied and till appeal is decided..

I am sending letter CIS ombudsman shortly.

addsf345
11-17-2008, 03:15 PM
Good suggestion, I didn't ask about EAD, I will check next time. But I guess evantually EAD would be revoked after I485 is denied. I think H1 is a backup plan if MTR denied and till appeal is decided..

I am sending letter CIS ombudsman shortly.

well, EAD is denied when MTR is denied, makes sense. But if you see the information posted by 'desi485' in this other thread (http://immigrationvoice.org/forum/showpost.php?p=302334&postcount=17), it may remain valid till validity. This is indeed confusing though. Please ask your lawyer and share with us everyone here.

chanduv23
11-17-2008, 03:20 PM
I don't have H1 backup and already in 8th year. I am on self employment, But my lawyer suggested to apply H1extension (through my company) as a backup if MTR denied. If MTR are successful they I don't have to go on through H1 hassle again..

The glitch is - once you have started using EAD and you apply for h1 - you have to get it stamped before you can use it ie your h1 approval comes without a i 94 extension - the costs towards going out - getting visa appointment , stamping etc.... are to be considered, and remember stamping in Canada and Mexico is not easy these days.

chanduv23
11-17-2008, 03:22 PM
well, EAD is denied when MTR is denied, makes sense. But if you see the information posted by 'desi485' in this other thread (http://immigrationvoice.org/forum/showpost.php?p=302334&postcount=17), it may remain valid till validity. This is indeed confusing though. Please ask your lawyer and share with us everyone here.

There are a lot of interpretations. Popular Attorneys like Rajiv Khanna and Sheela Murthy claim it is not valid and always advise clients to have a h1b backup. Not sure why they are so keen on h1b. It could be because some adjudicators may send EAD revocations also along with 485 denials.

desi485
11-17-2008, 05:17 PM
There are a lot of interpretations. Popular Attorneys like Rajiv Khanna and Sheela Murthy claim it is not valid and always advise clients to have a h1b backup. Not sure why they are so keen on h1b. It could be because some adjudicators may send EAD revocations also along with 485 denials.

Chandu, they may have other good reasons to do so, but one advantage for attorneys is an added fees out of filling for H1B; and for employers is less employee turnover due to the fact that even if employee is willing to change jobs. It is not so easy to find next job with H1 sponsorship than to be able to find one on EAD :)

bkn96
11-17-2008, 05:41 PM
At present my EAD is status not changed (USCIS case tracking), So I assume my EAD is valid. I also read Attorny Ron's blog that EAD is valid even I485 is denied. That gives me some comfort. Another problem, even if I get H1b (with out I94), I don't have AP to go (out of country) for stamping. What happens if I apply for AP while I485 is denied? Any one tried this? I am not sure what to do...

desi485
11-17-2008, 05:52 PM
At present my EAD is status not changed (USCIS case tracking), So I assume my EAD is valid. I also read Attorny Ron's blog that EAD is valid even I485 is denied. That gives me some comfort. Another problem, even if I get H1b (with out I94), I don't have AP to go (out of country) for stamping. What happens if I apply for AP while I485 is denied? Any one tried this? I am not sure what to do...

well, you don't really need AP to go out of country in this case as you are going to stamping. But in case if stamping is denied for any reason, its an end. Unless you specifically received CIS letter stating that your EAD is also revoked, it is probably valid. You can keep working on EAD till CIS works on your appeal or MTR.

desi485
11-17-2008, 10:00 PM
~^^b^u^m^p^e^r^^~

gc4me
11-18-2008, 12:01 PM
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.

Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

Thank you for your cooperation.

Sincerely,

CIS Ombudsman
(cmp)

GCKaMaara
11-18-2008, 12:16 PM
This is a very good news. Kudos GC4Me, PD_Recapturing, ItIsNotFunny, NK2006, AkhilMahajan.... everyone.

I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hera more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.

Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

Thank you for your cooperation.

Sincerely,

CIS Ombudsman
(cmp)

bkn96
11-18-2008, 01:12 PM
really good news that they are paying attention to this issue..

va_dude
11-18-2008, 01:23 PM
Good to know that the cis ombudsman's office is paying some attention.

But my concern is that if we don't give them concrete examples of cases where this has occured, then they will just brush us off as "all talk but no meat".

How do we assimilate this info a way that it can be presented to them.

i also know that it is understandable for folks to be a bit reluctant to share all their case info fearing some unforeseen action by the cis.

-va_dude

nk2006
11-18-2008, 01:38 PM
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.

Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

Thank you for your cooperation.

Sincerely,

CIS Ombudsman
(cmp)
Thank you gc4me for sharing info.

Its very good that they are taking notice of the issue. It would have been great if their follow-up email had some more details but in any case please share any info (like phone number your received call from) with pd_recapturing - he is culling info together from the people who are really affected.

If anyone else receive similar call - please try to get their direct contact details (it might help in our next steps being co-ordinated by chanduv, pd_recapturing, itsnotfunny and a bunch of other volunteers).

nk2006
11-18-2008, 01:43 PM
But my concern is that if we don't give them concrete examples of cases where this has occured, then they will just brush us off as "all talk but no meat".

-va_dude
va_dude, your concerns are understandable. This issue is real and some IV members got affected by this and came forward to provide some more info. pd_recapturing collected that info. A bunch of volunteers are working in the background to move this forward with concrete proof. In the meantime its important to keep sending letters so they know the concern its raising.

pd_recapturing
11-18-2008, 03:24 PM
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.

Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

Thank you for your cooperation.

Sincerely,

CIS Ombudsman
(cmp)
Hi gc4me, Can you please open a new thread that you have got a phone call from Ombudsman. People will see the thread and will get more motivated. If you think, it will not help, please ignore.

gc_buddy
11-18-2008, 03:36 PM
I did it on behalf of GC4Me.

Hi gc4me, Can you please open a new thread that you have got a phone call from Ombudsman. People will see the thread and will get more motivated. If you think, it will not help, please ignore.

desi485
11-18-2008, 04:41 PM
The glitch is - once you have started using EAD and you apply for h1 - you have to get it stamped before you can use it ie your h1 approval comes without a i 94 extension - the costs towards going out - getting visa appointment , stamping etc.... are to be considered, and remember stamping in Canada and Mexico is not easy these days.

Chandu, what if a person has used only 4 out of total 6 years of H1 period. Still it needs stamping?

punjabi
11-18-2008, 04:57 PM
Hi guys,

I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.

I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.

Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.

It does not seem like the letter reached the person to whom it was directed to.

desi485
11-18-2008, 05:14 PM
Hi guys,

I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.

I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.

Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.

It does not seem like the letter reached the person to whom it was directed to.


did you emailed to ombudsman also? any replies from him?

chanduv23
11-18-2008, 05:22 PM
Chandu, what if a person has used only 4 out of total 6 years of H1 period. Still it needs stamping?

Yes, unless your h1b comes with a i 94 extension - you have to get it stamped as per my understanding. Only h1b transfers come with i 94 extensions attached. Gurus can correct me if I am wrong

sayantan76
11-18-2008, 05:48 PM
did you emailed to ombudsman also? any replies from him?
While a lot of people sending generic letters on this issue would certainly bring the underlying issue to the discussion table - the lack of "locus standi" would prevent ombudsman or even USCIS from acting.

Let me explain what I mean by the above statement - every case is different and is adjudicated according to the merits of that specific case alone based on applicable laws and procedures. So, investigation and even future policy direction can be only be based on specific instances of the entire case files and detailed specific reasons of how these cases were wrongly adjudicated.

So, the service centers and even the ombudsman is right in saying - we cant help till we have actual case #s

gccovet
11-19-2008, 12:43 PM
two more people to reach 100.
Please, send the letters.
Thank you.
GCCovetl

Marphad
11-19-2008, 12:52 PM
Will send this weekend.

two more people to reach 100.
Please, send the letters.
Thank you.
GCCovetl

needhelp!
11-19-2008, 03:26 PM
I received the same thing. A canned reply asking to use their phone lines for inquiries. They returned my original envelope as well as my letter :rolleyes:
No responses from anyone else.

Hi guys,

I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.

I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.

Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.

It does not seem like the letter reached the person to whom it was directed to.

ItIsNotFunny
11-19-2008, 03:44 PM
1 more person to achieve target 1. Move......

walking_dude
11-19-2008, 03:52 PM
Ditto here. We need to give them specific case# to look into in the next phase of the campaign.

I received the same thing. A canned reply asking to use their phone lines for inquiries. They returned my original envelope as well as my letter :rolleyes:
No responses from anyone else.

chanduv23
11-19-2008, 04:30 PM
I received the same thing. A canned reply asking to use their phone lines for inquiries. They returned my original envelope as well as my letter :rolleyes:
No responses from anyone else.

Well we cannot expect any better. Our aim is to make sure that we do not get frivolous denials on 485 for ac21 cases and we have to work towards that.

gccovet
11-19-2008, 05:18 PM
bump...

bkn96
11-19-2008, 05:57 PM
How is the response for MTRs sofar? are they (USCIS) accepting the error and reopening the 485

bkn96
11-19-2008, 05:58 PM
Applying MTR is very expensive, anyone know any good lawyer around NJ?

ItIsNotFunny
11-20-2008, 02:34 PM
Bump ^^^

little_willy
11-20-2008, 02:43 PM
Same here.

I received the same thing. A canned reply asking to use their phone lines for inquiries. They returned my original envelope as well as my letter :rolleyes:
No responses from anyone else.

punjabi
11-20-2008, 02:49 PM
did you emailed to ombudsman also? any replies from him?

Didn't receive response from anyone else.

gccovet
11-21-2008, 11:44 AM
Hey PD_Recapturing,
Any updates on submitting cases to ombudsman office?
Thanks a lot for all the hardwork.

GCCovet.

pd_recapturing
11-21-2008, 11:59 AM
IV core team is on top of it. I will update as soon as I hear something from them.

GCKaMaara
11-21-2008, 12:29 PM
I am visiting this thread to see "100". Hit Sachin hit (some one?)

gccovet
11-21-2008, 03:03 PM
I am visiting this thread to see "100". Hit Sachin hit (some one?)

we finally have "100", can we take it to 200?

GCCovet

Marphad
11-21-2008, 04:15 PM
we finally have "100", can we take it to 200?

GCCovet

Who are 2 idiots said No?

ItIsNotFunny
11-21-2008, 04:26 PM
Who are 2 idiots said No?

Lets not use this language. They might be kind of people who want to eat fruit on other's work.

kevinkris
11-21-2008, 04:29 PM
But haven't got response from NSC or Ombudsman..

TSC people are thinking smart by sending "Contact Help Desk" letter
to everyone.. They don't even see what's in the letter and why 100's of people sending same letter. Sigh.. :mad:

Same here.

chanduv23
11-21-2008, 04:44 PM
But haven't got response from NSC or Ombudsman..

TSC people are thinking smart by sending "Contact Help Desk" letter
to everyone.. They don't even see what's in the letter and why 100's of people sending same letter. Sigh.. :mad:

Because - it is a legal issue and they have to deal with it carefully.

gccovet
11-24-2008, 05:17 PM
My co-worker sent emails and letters today.
GCCovet.

addsf345
11-25-2008, 02:12 PM
^^BUMPER^^

Guys, we need more letters...forwarded to my 4 other friends, they promised to send letters by tomorrow before thanksgivings break.

nc14
11-25-2008, 03:06 PM
I also got my letter and envelope back from TSC. :confused:


I received the same thing. A canned reply asking to use their phone lines for inquiries. They returned my original envelope as well as my letter :rolleyes:
No responses from anyone else.

bkn96
11-25-2008, 11:52 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal

***********
CIS issuing illegal AOS denials based on I-140 revocations

Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.

Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.

bkn96
11-26-2008, 10:37 AM
And you did not understand that this is a way for the lawyer to advertise himself.
He may have seen many people worried about this issue on IV and he wrote on his site . Now you are becoming his agent and posting on this site. This is not a news. It is only a comment. It can be true/partially true or partially false.
To me this issue is a non issue for which IV is working and this lawyer is blowing out of proportion. Only handful of people got denials and that too because their Desi employer acted in revenge for them leaving the company.


I am not an agent, but one of the victim and looking for solutions. This may not be issue for you, but issue for many of us. I am sure you think your issue is important than others and I don't complain.. But this an issue..
Again whatever many be the reason, due to desi employer or USCIS we suffer and we are on the hook all the time..

GCKaMaara
11-26-2008, 03:46 PM
And you did not understand that this is a way for the lawyer to advertise himself.
He may have seen many people worried about this issue on IV and he wrote on his site . Now you are becoming his agent and posting on this site. This is not a news. It is only a comment. It can be true/partially true or partially false.
To me this issue is a non issue for which IV is working and this lawyer is blowing out of proportion. Only handful of people got denials and that too because their Desi employer acted in revenge for them leaving the company.


Even if Desi Employer (blood sucker at least in this case, agreed?) go for revenge, there should not be impact if I-140 is approved and 485 is filed for more than 6 months. Few cases also should give enough alarm.

gccovet
11-29-2008, 01:44 AM
bump

desi485
12-01-2008, 03:50 PM
bump

Friends, we need more letters: please do this ASAP if you haven't done this already. Thanks!

chanduv23
12-01-2008, 04:17 PM
And you did not understand that this is a way for the lawyer to advertise himself.
He may have seen many people worried about this issue on IV and he wrote on his site . Now you are becoming his agent and posting on this site. This is not a news. It is only a comment. It can be true/partially true or partially false.
To me this issue is a non issue for which IV is working and this lawyer is blowing out of proportion. Only handful of people got denials and that too because their Desi employer acted in revenge for them leaving the company.

Revoking 140 does not neccessarily have to come from desi employers. In most cases, the 140s are revoked because the immigration attorneys suggest the employers to do so, so that they need not carry paperwork and also make it easy to respond to rfe for ability to pay.

For Immigration Attorneys, this is bread and butter and they will get into all avenues to do business and make money and keep their business running and booming.

addsf345
12-05-2008, 05:43 PM
I am still waiting for response to letters I sent, but haven't received any reply so far from CIS.

wantgc23
12-11-2008, 12:01 PM
I am logging in after sometime due to work, Is this action item still Active ?

addsf345
12-11-2008, 02:38 PM
I am logging in after sometime due to work, Is this action item still Active ?

I would still suggest to go ahead and do below three steps.

1. Click on links provided in first post by OP to download & print 4 letters and mail them as instructed.
2. Send an email to ombudsman
3. update everyone else on this forum & poll

Much appreciate your help. Together we can win. Thanks you!

mohican
12-31-2008, 05:44 PM
NEED HELP!!! what are my options?

I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.

I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).

The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:

1. Is any one in similar situation?
2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
3. if my employer were to file a PERM labor application--can I port my previous priority date?

Mohican



Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal

***********
CIS issuing illegal AOS denials based on I-140 revocations

Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.

Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.

addsf345
12-31-2008, 06:21 PM
NEED HELP!!! what are my options?

I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.

I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).

The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:

1. Is any one in similar situation?
2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
3. if my employer were to file a PERM labor application--can I port my previous priority date?

Mohican

As per some opinions, H1 also gets invalidated when 485 is revoked past 6 years limit of H1B. Did you also get your EAD revoked?

To answer your question#3, my lawyer said I should be able to retain PD from earlier approved 140 in such scenario. Check with yours.

ram04
01-01-2009, 11:17 AM
- H1 is still valid even if your 485 got rejected until you get notice to that regard separately.
- If you have not shifted to EAD,You can continue working on H1

I continued working on H1 during my MTR approval process( Sep08 to Dec 08). My 485 got rejected due to earlier employers revocation of I 140.

Attorney gets the notice. Find out from all your attorneys and their staff if you have access to do so.

Call USCIS and find out the reason of rejection first or take info pass and find out the reason and act fast. You have already crossed general response time(30 days normally).

All the best.

- Ram

mohican
01-02-2009, 01:29 AM
Thanks Ram. What is strange that my attorney on record did not even get the letter of denial. I have scheduled infopass for Jan 5th. I have H1B until June 2009 and EAD unitil Sep 2009. My wife and I have been working on EAD and traveled on AP.

Question to you and other members: Can I work until Sept 2009? I don't think my letter says that EAD was revoked (that is me speculating until I get the letter)

Mohican

- H1 is still valid even if your 485 got rejected until you get notice to that regard separately.
- If you have not shifted to EAD,You can continue working on H1

I continued working on H1 during my MTR approval process( Sep08 to Dec 08). My 485 got rejected due to earlier employers revocation of I 140.

Attorney gets the notice. Find out from all your attorneys and their staff if you have access to do so.

Call USCIS and find out the reason of rejection first or take info pass and find out the reason and act fast. You have already crossed general response time(30 days normally).

All the best.

- Ram

mohican
01-02-2009, 01:34 AM
Thanks for responding.

The key here is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.

Question to you and other forum members: Is there a thread on this specific topic?

Mohican

As per some opinions, H1 also gets invalidated when 485 is revoked past 6 years limit of H1B. Did you also get your EAD revoked?

To answer your question#3, my lawyer said I should be able to retain PD from earlier approved 140 in such scenario. Check with yours.

pvganesh
01-03-2009, 06:53 PM
I have sent the 4 letters today.

addsf345
01-04-2009, 02:34 PM
any updates on this issue? any meeting with CIS officials? Please share latest updates.

mohican
01-05-2009, 05:16 PM
Nothing significant--still waiting for the denial letter. My attorney rcvd receipt stating that a copy has been sent.

I was lucky to negotiate infopass appointment on the spot. They can not tell the reason until they get the file from TX. They have requested that and it will take 3 weeks.

I also got to know that since I had changed addresses and files for AR11 in 2004, my I485 does not have my new address. This is per infopass. Not sure whom to believe since after filing for AR11 in Oct 2004 (changed from apt to house), I called in Jan 2005 and asked to verify my address on record as well as address on I485--i was confirmed about my new address. Also, I have been correspondence on my changed address, receipts, letters and finger print notices. Does any one ever get confirmation in writing after submitting AR11?

Mohican

bkn96
01-06-2009, 10:50 PM
My MTR is still pending with USCIS since 6 weeks. I sent form 7001 to Ombudsman office and got a one line reply that 'your case problem request is currently being processed'

Sent letters and supporting documents to 2 US senators, but i got standard reply from them saying they need 30days to find the status. Office of one senator (NJ) was very helpful but not sure how this helps in resolving my case..

vshar
01-08-2009, 06:26 PM
I found this forum after my I 485 denied as I applied for AOS under AC21 at texas center on 12/31/2008. The first thing I did after joining IV is sent the four letters.

addsf345
01-08-2009, 07:40 PM
I found this forum after my I 485 denied as I applied for AOS under AC21 at texas center on 12/31/2008. The first thing I did after joining IV is sent the four letters.

I know its a stressful time. Please follow this thread carefully, read it completely and contact ombudsman with correct form. It would be easier for all of us if CIS can see number of genuine cases which are denied wrongfully. This way, CIS may would act faster to again put your case on file and in future will not do this again.

jayleno
01-13-2009, 04:31 PM
Looks like Obmudsman office have acknowledged the problem. Just read this on their site

......
However, the Ombudsman understands that USCIS may deny the Form I-485 in cases of portability (the ability to change jobs) before first issuing a Notice of Intent to Deny in certain limited circumstances. These include, for example, where the beneficiary is ineligible for the benefits of the Form I-485 by statute, or the Form I-140 is withdrawn before the Form I-485 was pending for 180 days........

http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm

Once again a big Thank You to all of the volunteers behind this campaign.

addsf345
01-13-2009, 04:56 PM
Looks like Obmudsman office have acknowledged the problem. Just read this on their site

......
However, the Ombudsman understands that USCIS may deny the Form I-485 in cases of portability (the ability to change jobs) before first issuing a Notice of Intent to Deny in certain limited circumstances. These include, for example, where the beneficiary is ineligible for the benefits of the Form I-485 by statute, or the Form I-140 is withdrawn before the Form I-485 was pending for 180 days........

http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm

Once again a big Thank You to all of the volunteers behind this campaign.


Good News! Thank you for sharing. This shows that if we are united, we can have our complaints heard. Those who started this thread, pursued, promoted and participated, you all ROCK!

A BIG THANKYOU!

mohican
01-13-2009, 05:01 PM
I assume others have got this too...please share next steps. I assume MTR is one of them. I have attached the jpeg file.

What happens after sending letters to the ombudsman?
Is it necessary to have MTR before sending to ombudsman?

Mohican

addsf345
01-13-2009, 05:03 PM
I assume others have got this too...please share next steps. I assume MTR is one of them. I have attached the jpeg file.

What happens after sending letters to the ombudsman?
Is it necessary to have MTR before sending to ombudsman?

Mohican

Read on the URL that jayleno provided, ombudsman has provided specific instructions what to do next. Also consult your lawyer for an MTR. Wish you good luck!

mohican
01-13-2009, 05:31 PM
I read the ombudsman update...

Have been trying to upload the file, but get an error even though it is within the specified size.

I wanted to see if others got the same denial notice...

mine explicitly states "There is no appeal for this decision"...is that standard or unique to my case

maddipati1
01-13-2009, 07:19 PM
this is great news. this is a direct result of great work by IV members.
i firmly believed this can be achieved and we did it. great job everyone.
without this relief the fruits of July fiasco are gone. good that we got'em back.


SPECIAL THANKS TO 115 members who voted yes to this poll

mohican
01-14-2009, 04:35 PM
I finally got the letters and the root cause of my I485 denial. My previous employer informed that they used my approved I140 for another employee. As many of you might know this I140 substitution practice was a loophole until June 2007. These days companies can not do this any more.

So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.

Question to forum members:
1. Are there folks in EXACTLY similar situation?
2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.

Best-
Mohican

mohican
01-15-2009, 10:31 AM
Hi RajuSeattle--

You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

Please note the response I got from the attorney of my previous employer (the one who revoked)

This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.




Quote:
Originally Posted by rajuseattle View Post
Mohican,

From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.

I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.

Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
or for some other reason revoked your approved I-140.

If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.

Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.

Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.

Technically you can not use EAD until they restore your I-485 petition.

Wish you good luck and hope you will have a successful outcome.
Edit/Delete Message

nk2006
01-15-2009, 12:13 PM
Hi RajuSeattle--

You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

Please note the response I got from the attorney of my previous employer (the one who revoked)

This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.



Mohican,
Your frustration is understandable but talk to a good lawyer and open an MTR immediately. From your description yours is a good example of how USCIS is confused about AC21 cases - work with your lawyer on MTR it seems MTR's are successful in most cases. Also please take time and contact Ombudsman to file DHS Form 7001 as suggested at: http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm.

(look back in this thread a few other members had similar issue - I485 denial upon withdrawal of I140 by previous employer - contact them directly to get specific lawyer info).

addsf345
01-15-2009, 02:47 PM
Hi RajuSeattle--

You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

Please note the response I got from the attorney of my previous employer (the one who revoked)

This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.


Don't loose your heart. I know this is a serious situation but do not become emontional, just stay calm. This is clearly a confusing situation and a bad move by your employer. Have you got a good attorney? Just consult a good attorney and go with what s/he says. This is not your fault and before thinking of going back, fight for yourself and your family. Remember, tough time never lasts, tough people do. Our best wishes and prayers are with you.

mohican
03-16-2009, 07:50 PM
My MTR was reconsidered--what a relief. Here is the response:

"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."

My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.

My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?

My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?

nk2006
03-17-2009, 10:49 AM
My MTR was reconsidered--what a relief. Here is the response:

"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."

Congratulations. Thats good that they explicitly mentioned about AC21 and eligibility for portability.


My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.

My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?

My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?

I am not in that situation but wondering if you have to do anything. If I am correct the MTR you filed is to reopen the closed "I485" right? so once they recognize that underlying I140 is still valid they should take a favorable decision on I485 as well (of course this is a theoretical / logical / should happen scenario - with USCIS you never know so please do your due diligence).

Elango
06-25-2009, 10:35 PM
I got an email from USCIS stating that my I-485 (my wife and daughter also) was denied. No NOID or RFE. My attorney is also surprised.

About my case, EB3 priority date of Aug 2004, approved I-140 in May 2005. Filed I-485 in July 2007, receipt date Sep 2007.

I-140 was never revoked or re-used.

After 6 months of I-485 receipt date, I changed to another employer on H1B. But did not file AC21 (Since I switched on H1B visa).

My attorney confirmed me that time that Green card is future employment and I can change employer on H1B. If an RFE comes, then either my current employer or previous employer should be able to support me.

Due to economic times, I made the switch, thinking if at all an issue comes, I will have enough opportunity to react.

I have not got the letter yet. Waiting for it. But believe it, it is really painful to go through this hell. It is a shock to me and do not know what to do at all.

Please pray for me.

-Elango

axp817
06-25-2009, 11:36 PM
Elango,
You could do a little more than just pray, to help yourself.

See this,

http://immigrationvoice.org/forum/action-items-everyone/30476-iv-action-item-stories-needed-issues-uscis-service-errors.html#post365673