h1techSlave
04-17 10:02 AM
What is the visa or immigration status of a person who has H4 visa and 485 pending (has EAD also)?
It seems banks do not understand anything other than Citizenship, GC or H status.
(1)EAD is NOT a status. Your status should be AOS, or H1B, L1, TN or whatever.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
It seems banks do not understand anything other than Citizenship, GC or H status.
(1)EAD is NOT a status. Your status should be AOS, or H1B, L1, TN or whatever.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
wallpaper Rep. Gabrielle Giffords
matreen
07-15 03:20 PM
Then add Immigration Voice as payee
and give address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
don't I need to provide the account number of IV there.?
and give address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
don't I need to provide the account number of IV there.?
ashutrip
06-17 02:02 PM
not sure why is this question imp , but it's nov 2006 .....
nov 2006 still pending!!!
Man, mine is march 2007.....guess I will miss the bus......cuz as per my lawyer dates will retrogress in october big time
nov 2006 still pending!!!
Man, mine is march 2007.....guess I will miss the bus......cuz as per my lawyer dates will retrogress in october big time
2011 Article. In this March
ras
10-16 05:47 PM
Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
Issue/Background:
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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any 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
Issue/Background:
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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any 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
more...
gc_peshwa
04-30 02:04 PM
I am done calling all listed republicans :) I thought they are the ones who mattered most as Dems are/will jump into the bandwagon sooner or later.
I am not sure if the senators will ever receive our heartfelt pleas and messages.I pray they do...
I felt like a lobbyist while calling their offices...only that I was lobbying with their staff to pass on the message.. :D
Gist: Some of the staff members (I hope not Senators) THOUGHT CIR==AMNESTY for illegals and told me point blank Senator doesnt support CIR for the same reason. I explained to them CIR is not only about illegals and amnesty and that legal immigrants will be helped a lot. These GC applicants would become their voters in near future.
Here's the status for today
Graham - spoke to staff No position on bill yet
Gregg- spoke to staff member no position sounded like she is faking noting down details
Lugar - spoke to staff promised that Senator is very supportive of CIR left my details
Enzi- spoke to staff member does not support CIR left my details
Ensign-no position on it yet
Hatch-against amnesty left details
John Kyl-supports legal immigration left details
Cornyn-voicemail
McConnell-no position yet left details with his staff
Will run through rest of the list next week.
Thanks to IV. You guys are doing a great job!
I am not sure if the senators will ever receive our heartfelt pleas and messages.I pray they do...
I felt like a lobbyist while calling their offices...only that I was lobbying with their staff to pass on the message.. :D
Gist: Some of the staff members (I hope not Senators) THOUGHT CIR==AMNESTY for illegals and told me point blank Senator doesnt support CIR for the same reason. I explained to them CIR is not only about illegals and amnesty and that legal immigrants will be helped a lot. These GC applicants would become their voters in near future.
Here's the status for today
Graham - spoke to staff No position on bill yet
Gregg- spoke to staff member no position sounded like she is faking noting down details
Lugar - spoke to staff promised that Senator is very supportive of CIR left my details
Enzi- spoke to staff member does not support CIR left my details
Ensign-no position on it yet
Hatch-against amnesty left details
John Kyl-supports legal immigration left details
Cornyn-voicemail
McConnell-no position yet left details with his staff
Will run through rest of the list next week.
Thanks to IV. You guys are doing a great job!
austingc
04-28 01:56 PM
its generally the case, where these loan officers doesn't understand the Immigration process.
I also had to go thru it. I would suggest to give them a copy of I-140 approval. that is an approved doc, than a pending I-485.
Good part is, the Underwriters generally know about the immigration process and would take 1-140 approval doc as a valid doc.
Dont worry, your loan will be approved.
Dont worry. I mortgaged through BOA and everything went well with my AOS and I am closing next week.
I also had to go thru it. I would suggest to give them a copy of I-140 approval. that is an approved doc, than a pending I-485.
Good part is, the Underwriters generally know about the immigration process and would take 1-140 approval doc as a valid doc.
Dont worry, your loan will be approved.
Dont worry. I mortgaged through BOA and everything went well with my AOS and I am closing next week.
more...
WaitingYaar
10-11 08:03 PM
i think I have stated it earlier...
for handsfree , you could either do it through accountant or legalzoom.com once you set up the company, you need to get your Federal tax id for the company, then file for any local city business license ( few cities have that requirement), Open a bank account...
Please PM me if you still have questions... In this thread I had posted my reply and also given the accountant details , who helped me...
Thanks for you guidance!
for handsfree , you could either do it through accountant or legalzoom.com once you set up the company, you need to get your Federal tax id for the company, then file for any local city business license ( few cities have that requirement), Open a bank account...
Please PM me if you still have questions... In this thread I had posted my reply and also given the accountant details , who helped me...
Thanks for you guidance!
2010 Gabrielle Giffords#39; recovery
gc_on_demand
04-30 03:14 PM
Hahaha... Oppenheim just got caught in his words by that guy ... yoooooo!
can you share more detail on that incident ?
can you share more detail on that incident ?
more...
LONGGCQUE
04-23 09:52 PM
SGP, It took 3-4 weeks for a co-worker in eb2 to get an approval once labor was filed(excludes Pre activities like ads etc)
Hello.... Anyone there?:confused:
Hello.... Anyone there?:confused:
hair Representative Gabrielle
puriyu
03-31 10:15 AM
:)I am sorry but i think there is no point to discuss this concern whether USCIS has ability or not..... Just support IV, group 2gather and fight....
more...
ngopikrishnan
12-08 11:03 PM
Just thought it will be an useful info.
Recently renewed NJ DL with EAD and expired I-94 (Paroled). Following documents were produced at Kilmer Rd DMV:
1) Current unexpired NJ DL
2) Passport with expired I-94 (Paroled)
3) EAD
4) SSN card
5) Address Proof (utility bill)
DL renewed until EAD expiry date PLUS 3 months.
Recently renewed NJ DL with EAD and expired I-94 (Paroled). Following documents were produced at Kilmer Rd DMV:
1) Current unexpired NJ DL
2) Passport with expired I-94 (Paroled)
3) EAD
4) SSN card
5) Address Proof (utility bill)
DL renewed until EAD expiry date PLUS 3 months.
hot Rep. Gabrielle Giffords is
amaruns
07-09 06:20 PM
Couple of us out here
more...
house Gabrielle Giffords
$eeGrEeN
09-10 12:38 PM
checking my rep.
tattoo U.S. Rep. Gabrielle Giffords
chanduv23
09-16 07:04 PM
Hi,
1st time contributor to IV. Here's the Paypal Confirmation #: 6R998807RX0308502.
Plan to join the rally with my toddler. Best wishes to IV and good work Milind123.
Thanks for the contribution and for attending - your toddler is a hero
1st time contributor to IV. Here's the Paypal Confirmation #: 6R998807RX0308502.
Plan to join the rally with my toddler. Best wishes to IV and good work Milind123.
Thanks for the contribution and for attending - your toddler is a hero
more...
pictures Gabrielle Giffords has been
mallu
03-31 09:55 PM
.... We have NO RIGHTS WHATSOEVER to ask for that.
There may not be rights, but certainly immigrants can request law makers to deal with a dysfunctional organization like USCIS. And USCIS can be dragged to court via WOM and most of the time judges understand the immigrant situation and serve justice.
There may not be rights, but certainly immigrants can request law makers to deal with a dysfunctional organization like USCIS. And USCIS can be dragged to court via WOM and most of the time judges understand the immigrant situation and serve justice.
dresses Gabrielle Giffords? husband
vjkypally
09-10 03:50 PM
Completely Agree with you. Rather have some process than none.People in the forum are talking a lot about visa recapture..
But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....
Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.
Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(
even with recapture
- the visa numbers are not unlimited
- the processing power of USCIS is not unlimited
But
- The capability of USCIS to screw up at every opportunity seems to be unlimited
- And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)
So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.
But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....
Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.
Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(
even with recapture
- the visa numbers are not unlimited
- the processing power of USCIS is not unlimited
But
- The capability of USCIS to screw up at every opportunity seems to be unlimited
- And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)
So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.
more...
makeup Gabrielle Giffords, via The
pappu
09-01 09:17 AM
Everyone getting receipt notices, and not coming to the rally, (not coming to the rally -most on tracker threads), please at least consider contributing to the rally once you get your notice or FP done or get EAD!. The rally cost is huge and we can do much more if people can contribute generously.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
girlfriend Rep. Gabrielle Giffords
gonecrazyonh4
04-25 08:52 PM
We stood in the backlog queue. 3 years. 4 years. Now, we are standing in the I-485 adjustment of status (to apply) queue.
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
hairstyles Gabrielle Giffords has
dhirajs98
07-14 09:08 PM
My contribution: $20.00
It was easy ... not a big deal guys ... go ahead .. contribute :)
It was easy ... not a big deal guys ... go ahead .. contribute :)
r_mistry
01-11 05:42 PM
Hi,
I just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???
I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.
Thanks,
______________________________________
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???
I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.
Thanks,
______________________________________
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
mrdelhiite
06-22 06:28 PM
The employer can establish an account for an attorney or other agent at http://www.plc.doleta.gov. It's unique PERM cases filed by that employer.
hmm maybe they should hire some Indians to do there software design ... :-) jk :p
-M
hmm maybe they should hire some Indians to do there software design ... :-) jk :p
-M
No comments:
Post a Comment