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Action Items for everyone Webfaxes, phone campaigns and other directives from core group.

View Poll Results: Will you send letters to USCIS to highlight the issue - AC21 regulations are ignored
I will send the four letters and will add a note in the forum after sending. 121 98.37%
I will not send. 2 1.63%
Voters: 123. You may not vote on this poll

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  #1  
Old 10-28-2008, 01:47 PM
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
11/05/2006
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:
India
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:
I-485
I485 Mailed Date
:
07/02/2007
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Posts: 392
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Default IV ACTION ITEM: Write to USCIS on recent spate of I485 denials in AC21 cases.

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 In most of these cases, the underlying I-140 has been revoked by previous employer.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/sh...d.php?t=22052;
http://immigrationvoice.org/forum/sh...ad.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.

Last edited by nk2006; 10-28-2008 at 03:45 PM.
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  #2  
Old 10-28-2008, 03:18 PM
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Default Why not all service centers?

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?
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  #3  
Old 10-28-2008, 03:43 PM
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Default

Quote:
Originally Posted by jungalee43 View Post
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.
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  #4  
Old 10-28-2008, 03:46 PM
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Default Request to core member / web site admin.

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.
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  #5  
Old 10-28-2008, 03:48 PM
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Default

I will send the letters.

Quote:
Originally Posted by nk2006 View Post
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.
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  #6  
Old 10-28-2008, 05:08 PM
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Thumbs up Go IV

Did e-mail already as per the intial thread. Will mail the letters soon.
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  #7  
Old 10-28-2008, 05:23 PM
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Default Small correction - second paragraph

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.
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  #8  
Old 10-28-2008, 05:34 PM
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Default

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
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  #9  
Old 10-28-2008, 09:03 PM
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Default Letters mailed

I just dropped the letters in the mailbox. Thanks to all the people behind this effort.
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  #10  
Old 10-28-2008, 09:14 PM
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Default Let us send USCIS with the letters...

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...
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  #11  
Old 10-29-2008, 12:24 AM
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Default

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.
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  #12  
Old 10-29-2008, 02:00 AM
aps aps is offline
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Default Re:

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


Quote:
Originally Posted by nk2006 View Post
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/sh...d.php?t=22052;
http://immigrationvoice.org/forum/sh...ad.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.
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  #13  
Old 10-29-2008, 02:05 AM
aps aps is offline
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N/A
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 68
aps has a spectacular aura about aps has a spectacular aura about aps has a spectacular aura about
Default

Please refer the url, one of the iv member has stated his friends denial case.
http://immigrationvoice.org/forum/sh...=21716&page=21

Quote:
Originally Posted by nk2006 View Post
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/sh...d.php?t=22052;
http://immigrationvoice.org/forum/sh...ad.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.
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  #14  
Old 10-29-2008, 08:26 AM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
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Default

Quote:
Originally Posted by aps View Post
Please refer the url, one of the iv member has stated his friends denial case.
http://immigrationvoice.org/forum/sh...=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
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  #15  
Old 10-29-2008, 08:31 AM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
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Default

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.
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Last edited by walking_dude; 10-29-2008 at 11:23 AM.
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