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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1  
Old 01-22-2009, 02:46 PM
nixstor nixstor is offline
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Default I-485 Denial: USCIS Ombudsman wants to hear on MTR's filed because of Service errors

For members who have their I-485 denied even though their applications were not supposed to be denied under AC21, here is an opportunity to explain how you suffered because of the straight forward denial rather than a NOID.

Have you signed up for the CIS Ombudsman’s January teleconference on “Motions to Reopen: How Are They Working for You?” Wednesday, January 28, 2-3 pm EST?

To participate in this call, please RSVP to cisombudsman.publicaffairs@dhs.gov.

We look forward to hearing your comments, thoughts, and suggestions for improvement as well as any best practices you have noticed. In particular, please consider:

1. When there is an obvious error by USCIS, do you file a motion to reopen, a motion to reconsider, or an appeal?
2. Do you file an I-290B and pay the fee?
3. In cases where you send a letter requesting that the Service reopen/reconsider the case on its own motion, what has happened? Did you inquire about the status of your case? Were you able to obtain information? How long did it take to obtain a resolution, if at all?
4. How do you define obvious error?
5. Have you attempted to obtain a refund or waiver of the MTR filing fee in cases of obvious Service error?


When you RSVP, please indicate how you learned about the program as well as the city and state from which you are calling. We will acknowledge your RSVP and provide the call-in information before the call. If you have questions on this topic, please forward them to this same email address.

If you are unable to participate in this call, stay tuned for similar upcoming programs which will be posted on our website, www.dhs.gov/cisombudsman. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.

To receive automatic notifications about changes to our website, please sign up on our website at www.dhs.gov/cisombudsman.

We appreciate your participation,

Citizenship and Immigration Services Ombudsman
U.S. Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Web: http://www.dhs.gov/cisombudsman
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  #2  
Old 01-22-2009, 03:02 PM
LostInGCProcess LostInGCProcess is offline
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Default

It is amazing the link that is most important for us pertaining to AC21 is not working in the DHS website.

If you go to the web site: http://www.dhs.gov/xabout/structure/editorial_0482.shtm
and click on the link:
# AC21 Issues: Did USCIS Immediately Deny your Adjustment of Status Application Following a Change of Employment? - New 01/12/2009
you get the "The requested page was not found".

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  #3  
Old 01-22-2009, 03:22 PM
akela_topchi akela_topchi is offline
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you can refer to ilw website:

http://www.ilw.com/immigdaily/news/2009,0115-AC21.shtm



AC21 Issues: Did USCIS Immediately Deny Your Adjustment of Status Application Following a Change of Employment?


The Ombudsman has received inquiries noting that USCIS is not issuing Notices of Intent to Deny following a change of jobs, as required by the American Competitiveness in the 21st Century Act (AC21) and USCIS policy guidance, but instead is immediately denying pending Form I-485 (Application to Register Permanent Residence or Adjust Status) applications. Does this apply to you?

If a foreign national is: (1) the beneficiary of an approved Form I-140 (Petition for Immigrant Worker); and (2) has a Form I-485 pending for 180 days or more, s/he is eligible to change to a same or similar position. If the underlying, approved Form I-140 is withdrawn, and no evidence of a new qualifying offer of employment was submitted, then, USCIS must issue a Notice of Intent to Deny the pending Form I-485.

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.

Do you think your case was erroneously denied? Then please forward the CIS Ombudsman a case problem using DHS Form 7001 with the subject line “AC21 Evidence of Immediate Denial.” Include a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you submitted a Motion to Reopen or Reconsider. If we consider your case to be an erroneous denial, we will forward it directly to USCIS for further review.



Quote:
Originally Posted by LostInGCProcess View Post
It is amazing the link that is most important for us pertaining to AC21 is not working in the DHS website.

If you go to the web site: http://www.dhs.gov/xabout/structure/editorial_0482.shtm
and click on the link:
# AC21 Issues: Did USCIS Immediately Deny your Adjustment of Status Application Following a Change of Employment? - New 01/12/2009
you get the "The requested page was not found".

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  #4  
Old 01-22-2009, 03:32 PM
va_dude va_dude is offline
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Default

Hi all.
Can the folks who are in this situation and who do attend this meeting do us a favor and post back feedback from the meeting once its done.

It will serve as a huge help to others who might be in this position in the near future.

thanks.
va_dude
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  #5  
Old 01-22-2009, 03:45 PM
reddog reddog is offline
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Default

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.

Two reasons:
'Denial by Statute' means 485 was denied cos of reasons outside of the job change.
and 'Form I-140 is withdrawn before the Form I-485 was pending for 180 days'
means the applicant changed jobs before the 180 day period.

In essense, USCIS is agreeing that it is illegally denying these I-485s?

Is that the reason the link suddenly was pulled back?

Reminds me of this CNN pull back from day before yesterday(unrelated to Immigration):
http://www.fresnobeehive.com/archive...e_headlin.html
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  #6  
Old 01-22-2009, 04:08 PM
ItIsNotFunny ItIsNotFunny is offline
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Default

Quote:
Originally Posted by va_dude View Post
Hi all.
Can the folks who are in this situation and who do attend this meeting do us a favor and post back feedback from the meeting once its done.

It will serve as a huge help to others who might be in this position in the near future.

thanks.
va_dude

We had pretty active campaign team for this including Chandu, PD_Recapture, NK2006 etc...

I think this is a high time to rejuvenate the efforts on this. Please post a message by saying "I am in" here.
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RD: 6/7/07, ND: 6/19/07, FP: 7/21/07
485 LUDs: 7/23, 7/24 & 7/28
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  #7  
Old 01-22-2009, 04:41 PM
ram04 ram04 is offline
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Default RFE within weeks now after getting my wrongly denied 485 back.

MTR : With MTR I got my 485 back from wrongful deniel

Now after that RFE - waiting for physical copy to see if RFE also belongs to same wrongly denied 485.

They will never accept their mistakes and blunders, instead they keep harrsing us.

Tomorrow I m scheduled to start my trip to India and today this RFE mail.

Dont know what to do.

- Ram
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  #8  
Old 01-22-2009, 05:49 PM
webm webm is offline
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Sorry to hear that..But can you postpone your trip and find out the RFE details and reply for it as its a critical step on your case to resume smootly??
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  #9  
Old 01-22-2009, 06:21 PM
pd_recapturing pd_recapturing is offline
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Quote:
Originally Posted by ItIsNotFunny View Post
We had pretty active campaign team for this including Chandu, PD_Recapture, NK2006 etc...

I think this is a high time to rejuvenate the efforts on this. Please post a message by saying "I am in" here.
I am in.
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  #10  
Old 01-22-2009, 07:43 PM
prp925 prp925 is offline
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>> I think this is a high time to rejuvenate the efforts on this. Please post a message by saying "I am in" here.[/quote]

I am also in. I will send an email to cisombudsman.publicaffairs@dhs.gov to indicate that I want to attend this meeting.
Pancham.
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  #11  
Old 01-23-2009, 10:06 AM
niidawg3 niidawg3 is offline
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Default

I am also in. I just sent an email to the Ombudsman's Office and will participate on the call. My email is attached below:

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

Action: I would like to participate in this call, since the USCIS has issued a straight denial on my case as of January 20th, 2009.

My question: Why is the USCIS still issuing straight denials for AC-21 cases, instead of the required RFEs or NOIDs? Also it appears the processing times for Motion to Re-Open (MTR's) has slowly been creeping up from 2 weeks a few months ago to now almost 9 weeks. Many people who have filed MTR were wrongfully denied and are currently unemployed. How does USCIS intend to expedite this process in order to reduce the wrongful loss of salary being caused to honest, hardworking legal aliens, who are trying their best to follow the laid out laws (AC-21)?

Background: As of January 20th, 2009, USCIS has issued a straight denial on my AC-21 case. Considering the work done by the Ombudsman's Office and other quarters with regards to this legislature, it is surprising that USCIS is still not following Congressional Law, as well as its own policies outlines in the various AC-21 related memos.

Looking at other similar cases, I am currently looking at spending over $5000 dollars in filing and legal fees to submit an MTR, as well as approximately two months of non-employment (could be more), which will average over $18,000 dollars for me. To lose approximately $23,000 because of failure by USCIS staff to follow their own guidelines is just gut-wrenching. Even worse, with the current economic climate, my employer may not be as patient and may actually terminate me and look elsewhere!!

There are a lot of us suffering in silence, and we pray the Ombudsman Office can right this once and for all, for us and the many more who are going to come after.

I also plan on filing a DHS 7001 early next week.

Thank you.
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  #12  
Old 01-23-2009, 12:48 PM
srik srik is offline
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I am also in. I am also suffering because of USCIS wrongfully denying my case with out any notice even though a year has passed after my I485 and I140 approved.Now i applied for MTR and they reopened my case after 10 weeks with an RFE. they are asking all the details right from the begining like all the paystubs, experinence letters and W2's and also letter from current employer regd my position desritpion and Salary.I dont understand why they need to dig the whole thing again.I do have all W2s but some paystubs are missing never had any problems with USCIS until now so never bothered about it so just sent whatever i had. waiting for their reply now.
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  #13  
Old 01-23-2009, 02:03 PM
ram04 ram04 is offline
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Default I am in too

I am in too.

It seems they are following a specific pattern. I got my MTR approved after 8 weeks and now got RFE email yesterday just a day before India trip. Waiting for physical notice now to see what actually they are asking for.

Looks like they are not ready to accept their mistake and prove that they found some thing with their deniel process or may be revenge taking process because of ombudsman aproach.

Either ways we got no option other than wait and see.

I missed important family occassion back home and cancellation of all travel plans, ticket and all - what a mess?
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  #14  
Old 01-23-2009, 03:25 PM
nk2006 nk2006 is offline
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I am in too.

I will RSVP to attend the call (I am not directly affected but would like to join the call; hopefully they will allow it).

If your I485 is rejected please join the call (even if your MTR is successful already please join the call that will only stregthen our case to indicate that USCIS did a mistake and because of which you have to go thru problems: lawyer fees, etc.).
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  #15  
Old 01-28-2009, 03:14 PM
bkn96 bkn96 is offline
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Default Please post details of call

I saw this thread late and sent RSVP and didn't get call in details.

I am sampe position, applied MTR and wating for 485 to open.

Whoever participated, lease post the details of the call.

Thanks,
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