pappu
06-15 09:19 AM
In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.
We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.
The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.
Other issues we have noticed are
- USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
- 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current
and other similar issues.
In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.
As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.
In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time
Difficulties faced by applicants who get wrongful 485 denials:
- When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
- Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
- Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
- Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
- Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
- If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
- Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
We request our members who have faced such issues or are facing such issues to
- post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
and
- Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)
Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously
At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.
By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
Thank you,
Immigration Voice
Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817
If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.
We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.
The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.
Other issues we have noticed are
- USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
- 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current
and other similar issues.
In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.
As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.
In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time
Difficulties faced by applicants who get wrongful 485 denials:
- When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
- Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
- Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
- Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
- Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
- If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
- Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
We request our members who have faced such issues or are facing such issues to
- post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
and
- Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)
Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously
At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.
By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
Thank you,
Immigration Voice
Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817
If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.
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leo2606
09-24 03:42 PM
My wife is on H1-B valid till May-2010 and she got EAD for 2 years as well.
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
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mchundi
03-15 12:30 PM
hi Super_Moderator,
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
Guys,
This is a complex issue. That one point may have been the reason S-1932 did not go thru. It gives an impression as if 1/2 million employment based G.C's will be dumped into the market, but in reality the USCIS is able to process around 200k G.C's per year.
The current provisions in the CIRB target several areas and likely to keep the dates current for EB-1,2,3 current for a couple of years.
Our consultants have advised us well in this regard, if they have done so.
--MC
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
Guys,
This is a complex issue. That one point may have been the reason S-1932 did not go thru. It gives an impression as if 1/2 million employment based G.C's will be dumped into the market, but in reality the USCIS is able to process around 200k G.C's per year.
The current provisions in the CIRB target several areas and likely to keep the dates current for EB-1,2,3 current for a couple of years.
Our consultants have advised us well in this regard, if they have done so.
--MC
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lskreddy
12-05 12:04 AM
http://minx.cc/?post=279217
you live your life dude, don't let any other M'fer control it!!!
I think that about sums it up the best way possible. Gosh, I wish a chernobyl would happen in the areas that mofos come from and wipe them out.
you live your life dude, don't let any other M'fer control it!!!
I think that about sums it up the best way possible. Gosh, I wish a chernobyl would happen in the areas that mofos come from and wipe them out.
more...
h1techSlave
04-27 10:29 PM
Most points are for joining the US Armed forces . I see where this is going .
Smart move, wouldn't you say?
Cheers,
h1techSlave
Smart move, wouldn't you say?
Cheers,
h1techSlave
H1B-GC
07-15 04:49 PM
you can say that.USCIS processes the case Erratically . No Logic . No FIFO. Its just like playing the French Roulette. Sad but True.
more...
mhathi
03-19 12:57 PM
PD is checked both at the time of filing and approval of 485. Once filed, the 485s are processed based on RD. If at the time of adjudication the PD is not current, the file is kept in the "pre-adjudicated" pile until the PD becomes current again for that particular application.
This is my understanding.
This is my understanding.
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newuser
08-17 12:10 PM
For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.
I agree with ashkam. If you renew online, you can get it for 4 years. But if you go in person to DMV, they will issue based in EAD.
I agree with ashkam. If you renew online, you can get it for 4 years. But if you go in person to DMV, they will issue based in EAD.
more...
shana04
06-03 01:58 AM
My previous employer is not providing the document required in RFE in fact of format request.
Is there any way we can get the documents from previous employer (desi)
Thanks in advance
Is there any way we can get the documents from previous employer (desi)
Thanks in advance
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leoindiano
02-06 01:04 PM
looks like this is what happening...
They have 100's of 1000's of cases....thrown in one dark room.
They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....
Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.
So, he will leave that case there, go to next one...This is just my guess...
They have 100's of 1000's of cases....thrown in one dark room.
They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....
Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.
So, he will leave that case there, go to next one...This is just my guess...
more...
bestia
11-21 03:16 AM
Meridiani.planum.... Thanks for your reply....
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
Attorneys prefer EB3, since there is less evidence needs to be submitted, less scrutiny, less risk of RFE or denial, and therefore less work for the attorney.
"Is GC same..." - philosophical question.. I guess not :) I guess GC for someone who waited for 10 years is not the same as for someone who got it first year being in the US.
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
Attorneys prefer EB3, since there is less evidence needs to be submitted, less scrutiny, less risk of RFE or denial, and therefore less work for the attorney.
"Is GC same..." - philosophical question.. I guess not :) I guess GC for someone who waited for 10 years is not the same as for someone who got it first year being in the US.
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c9411010
08-08 08:51 AM
if therez anything anyone else can add pls do so ..
more...
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glus
08-01 10:18 AM
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
Put her status as H4. She is in H4 until October 2007 (assuming you asked for change of status and change of status was also approved.) No, she will not loose her H1, as H1 is a "dual intent" visa.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
Put her status as H4. She is in H4 until October 2007 (assuming you asked for change of status and change of status was also approved.) No, she will not loose her H1, as H1 is a "dual intent" visa.
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krishna_brc
09-17 09:38 PM
Hi,
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
If you have good relations with your employer ask them to terminate your employment. That way at the time of your naturalization/citizenship you will have an alibi for "as to why you changed employment" with in 6 months.
This way you can prove that you had the intent to work for sponsoring employer but things didn't go well with the employer himself.
Thanks,
Krishna
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
If you have good relations with your employer ask them to terminate your employment. That way at the time of your naturalization/citizenship you will have an alibi for "as to why you changed employment" with in 6 months.
This way you can prove that you had the intent to work for sponsoring employer but things didn't go well with the employer himself.
Thanks,
Krishna
more...
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gc_chahiye
11-09 02:43 AM
I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.
oh ok, it makes sense then. thanks for clarifying that.
oh ok, it makes sense then. thanks for clarifying that.
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immiguy
07-20 04:35 PM
Same question. My friend is pregnant and wants to deliver the baby in India. They have filed for AoS now. Howevr they are not sure how to bring ther baby in if they deliver in India.
more...
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sanju_dba
08-13 01:17 PM
WASHINGTON � President Barack Obama on Friday signed into law a $600 million border security that will put more agents and equipment along the Mexican border.
...
Link (http://news.yahoo.com/s/ap/20100813/ap_on_go_pr_wh/us_obama_border_security)
isnt this $600M is comming off of the 2k hike on h1 50-50 rule?
if so, any one who wants think of getting rid of h1s they should also think of loosing this border security measure.
...
Link (http://news.yahoo.com/s/ap/20100813/ap_on_go_pr_wh/us_obama_border_security)
isnt this $600M is comming off of the 2k hike on h1 50-50 rule?
if so, any one who wants think of getting rid of h1s they should also think of loosing this border security measure.
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dpp
02-21 01:25 PM
Dec 21, 2006
For those that can see the Feb updates can you please post what date they are showing for:
I-129 ( H1-B Speciality Occupation Extension of stay)
Thanks
For those that can see the Feb updates can you please post what date they are showing for:
I-129 ( H1-B Speciality Occupation Extension of stay)
Thanks
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sroyc
08-03 12:32 PM
There is no box for A#. The fields are - Receipt #, Case Type (I-140), Receipt Date, Priority Date, Petitioner, Notice Date, Page (1 of 1), Beneficiary, Law firm's name and address, Notice Type (Approval, Preference category).
This was around April 2006. Maybe they changed the format?
There should be a box for A number, is it blank?
This was around April 2006. Maybe they changed the format?
There should be a box for A number, is it blank?
GCNirvana007
04-08 04:46 PM
Ok, i appreciate all the answers/recommendations. Now since You guys are the IV, can i get answer to my original questions
Thanks.
Thanks.
sammyb
03-24 08:37 PM
just listen to the show - wonderful performance - you were crisp and to the point ... your points on this EB mess and the closing comments were great ... the 2nd caller shows the typical American common man mentality towards EB community ...
Thanks ... wil listen to it from home ...
Thanks ... wil listen to it from home ...
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