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IV Agenda and Legislative Updates Immigration Voice's Agenda and Legislative Updates

View Poll Results: What are you planning to do on this action item?
I sent the letters already and encourage others to do the same 32 50.79%
I will send letters/emails 25 39.68%
I am inclined to send but need more info before deciding whether to send or not 3 4.76%
I wont send - (would appreciate the reason in the forum below) 3 4.76%
Voters: 63. You may not vote on this poll

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  #76  
Old 10-25-2008, 11:27 AM
Donor
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
09/05/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/26/2007
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Join Date: Mar 2006
Posts: 157
cnag has a reputation beyond repute cnag has a reputation beyond repute cnag has a reputation beyond repute cnag has a reputation beyond repute cnag has a reputation beyond repute cnag has a reputation beyond repute cnag has a reputation beyond repute cnag has a reputation beyond repute cnag has a reputation beyond repute cnag has a reputation beyond repute cnag has a reputation beyond repute
Default

I have emailed to the Ombudsman
what is the e-mail id for TSC/NSC?
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  #77  
Old 10-25-2008, 10:13 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
01/31/2006
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Posts: 332
sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future sheela has a brilliant future
Default just wondering why....

Quote:
Originally Posted by sheela View Post
NK2000:
Thanks a ton for this great job. I will mail out today
Some crazy fellow gave me RED for my above posting and joining this compaign.

I will still urge people to join this to the benefit of all those on /planning to use AC21.
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  #78  
Old 10-26-2008, 12:15 AM
Senior Member
Priority Date
:
Jan-07
Category
:
EB2
I140 Mailed Date
:
03/01/2007
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:
India
Processing Stage
:
N/A
I485 Mailed Date
:
07/26/2007
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Join Date: Mar 2007
Posts: 748
akhilmahajan has a reputation beyond repute akhilmahajan has a reputation beyond repute akhilmahajan has a reputation beyond repute akhilmahajan has a reputation beyond repute akhilmahajan has a reputation beyond repute akhilmahajan has a reputation beyond repute akhilmahajan has a reputation beyond repute akhilmahajan has a reputation beyond repute akhilmahajan has a reputation beyond repute akhilmahajan has a reputation beyond repute akhilmahajan has a reputation beyond repute
Default

Same with me. I hope people understand that this is a serious issue.

GO I/WE GO
__________________
GO I/WE GO. TOGETHER WE CAN.
JOIN NEW ENGLAND CHAPTER (MA, ME, VT, RI, NH)
JOIN STATE CHAPTERS
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  #79  
Old 10-26-2008, 12:59 AM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
10/09/2006
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Join Date: Mar 2006
Posts: 504
makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute
Thumbs up

I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.

Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.

I would suggest OP to add the copy of yates memo and the follow up memo to the posting.

Thanks
MakeMyGC

Quote:
Originally Posted by nk2006 View Post
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/sh...ad.php?t=21716.

This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.

What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

Pasting the letter and the addresses below.

More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508

Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()

To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225

Re: Issues caused by USCIS not following AC21 guidelines

Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.

According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


Should you have any further questions, please do not hesitate to contact.

Thank you in advance for your kind attention and cooperation in this matter.

Thanks,

Your Name
Your Address
Your Phone Number
__________________
EB2 PD: Jul '06
I-140: Sept '06 from TSC
485 Filed - July 2nd at NSC
LUD - 06/02/2011
CPO Email - 6/2/20111
Cards Received - 6/9/2011

Finally maDemygc
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  #80  
Old 10-27-2008, 08:43 AM
Senior Member
Priority Date
:
Sep-02
Category
:
EB3
I140 Mailed Date
:
02/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/19/2007
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Join Date: Feb 2008
Posts: 112
GCKaMaara has a reputation beyond repute GCKaMaara has a reputation beyond repute GCKaMaara has a reputation beyond repute GCKaMaara has a reputation beyond repute GCKaMaara has a reputation beyond repute GCKaMaara has a reputation beyond repute GCKaMaara has a reputation beyond repute GCKaMaara has a reputation beyond repute GCKaMaara has a reputation beyond repute GCKaMaara has a reputation beyond repute GCKaMaara has a reputation beyond repute
Default Mailed this weekend

Quote:
Originally Posted by ItIsNotFunny View Post
Good job GCWonder & cnachu2.

I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
ItIsNotFunny, thanks for reminder.
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  #81  
Old 10-27-2008, 09:35 AM
Senior Member
Priority Date
:
Dec-05
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:
N/A
I140 Mailed Date
:
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:
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Processing Stage
:
N/A
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:
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Posts: 1,318
wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute
Default

Quote:
Originally Posted by ItIsNotFunny View Post
Thanks wandmaker for appreciation. It helps!

I got quite a few positive responses. On other side I got few negative messages, few pessimitics and few red dots on posts after I started this exercise. Sometimes it still bothers me but I guess I need to get out of this critics and appreciations and want to concentrate 100% on agenda: Fight against injustice in AC21 implementation.

To all,

If you appreciate me, please help me by motivating others to join the movement.

If you don't like me - please be generous and atleast tell me what should be done rather than just criticizing.
FYI - Five of my friends has emailed and sent out the letters.
__________________
We can't solve problems by using the same kind of thinking we used when we created them. - Albert Einstein
*** Not a legal advice, use at your own risk ***
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  #82  
Old 10-27-2008, 02:20 PM
Senior Member
Priority Date
:
Jul-01
Category
:
EB3
I140 Mailed Date
:
01/01/1900
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Posts: 482
CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold
Default

I sent the email to ombudsman. Thanks for PM.
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  #83  
Old 10-28-2008, 01:32 PM
Senior Member
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:
N/A
Category
:
N/A
I140 Mailed Date
:
12-10-2007
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:
India
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:
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:
07-02-2007
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Default sent

I sent an e-mail to Ombudsman.
__________________
HELP IV...HELP YOURSELF
I am not an attorney. Use it at your own risk.

After 8 years........Finally Green'ed on 9th July 2010.
Thanks IV for your help and support!!!
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  #84  
Old 10-28-2008, 01:52 PM
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
11/05/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Mar 2006
Posts: 392
nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute
Default

In addition to writing Ombudsman, it has been decided to intensify this campaign and write to higher ups at the USCIS. A few new actions items have been identified and posted at: http://immigrationvoice.org/forum/sh...ad.php?t=22182

Note that this campaign has active support by core members and the strategy of writing these letters has been decided after a lot of discussions. But to achieve positive results and changes at USCIS we need to send these letters in big numbers. Please participate in that campaign and send those 4 letters as soon as you can. Thanks.
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  #85  
Old 10-28-2008, 03:39 PM
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
11/05/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Mar 2006
Posts: 392
nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute nk2006 has a reputation beyond repute
Default

Thanks to everyone who have already sent emails to Ombudsman. We need to do more to get positive results, please go to: http://immigrationvoice.org/forum/sh...ad.php?t=22182 and send those 4 letters.

Others who have not yet acted on this, please go to that thread; download the 4 letters and mail them.

As many people mentioned here and other web sites, the denials are continuing and we need to act now to stop this before it gets even worse.

(Please continue future discussion at: http://immigrationvoice.org/forum/sh...ad.php?t=22182)
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