Yes. Why not, we can start activities to reduce the backlogs for I-140 or can push to have the option of changing the employer or job after 180 days
William R. Yates /s/ Janis Sposato
Acting Associate Director for Operations
U.S. Citizenship and Immigration Services (USCIS)
Department of Homeland Security
SUBJECT: New offer of employment while Form I-140 is pending and Form I-485 has
been pending 180 days or longer, under the flexibility provisions of §106(c)
The memo, HQBCIS 70/6.2.8 – P (I140_AC21_8403.pdf), addresses the following
A. Approved Form I-140 Visa Petitions and Form I-485 Applications
B. Provisions in Cases of Revocation of the Approved Form I-140
C. Validity after Revocation or Withdrawal
but it did not exemplify whether the change of job or employer is allowed while Form I-140 is pending and Form I-485 has been pending 180 days or longer
There has been perpetual delay by the Service Centers in processing Employment Based (EB) Form I-140 processing. Because of this delay and while Form I-140 is pending and Form I-485 has been pending 180 days or longer, if the employee gets laid off or if the employer closes the company, the entire Permanent Residence processing has to be abandoned and the employee has to start from the scratch and once again spending years of time and so much money by the aspirant and so much time and resources of DOL & USCIS by recurring the same activities once again.
So I humbly request USCIS to fathom the permanent residence aspirants' s above-mentioned problem.
The above-mentioned problem shall be alleviated to some extent, If there is a provision to allow the beneficiary of the Form I-140 to change jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed and Form I-140 remained unadjudicated and Form I-485 has been pending 180 days or longer. This gives some relief for the beneficiary of the Form I-140 and he/she can continue the permanent residence processing without abandoning it and with no threat from the employer through which the immigration petition Form I-140 was filed.
Thx for ur response. I think we need to do it in a way so that both parties can benefit .If we do it the way you suggested ,the people who filed sequentially will not benefit and as per my way the people who have filed parallely may not get a huge benefit .i feel that both are seperate issues .and i personally feel that it will be very hard to push for a job change when I140 is pending only because that is the first main step in going for GC (See BCIS website ).
but i strongly feel that we need to do something that can benefit all of us OR atleast get us away from this waiting attitude.
come on guys .....throw in ur ideas
First thing USCIS should do is that they should make concurrent filing mandatory. Because of some evil minded employers, we, non-concurrent filers, are getting sucked up ! I-140 is taking longer time nowadays probably because USCIS is under the impression that everybody is doing con-current filing and they spent good amount of time in doing so called prima facie review..
I am pointing out a glitch in the 180 day rule. If there is a rule allowing to change employers/job after 180 days of filing of I-485 and I-140 is approved, it DOES NOT make sense to me if the I-140 processing EXCEEDS 180 days while having a 180 day rule.
I see a glitch there. I hope most of us would.
I would like to get the help from Mr. Rajiv Khanna to prepare a petition in this regard, if he agrees with me.
By pushing for this kind of petition we can fill the gap in the 180 day rule.
I strongly agree you (I140helppls) that I-140 processing should be expedited and at any cost it MUST not take more than 180 days.
During his campaign, President-Elect Bush called for the expenditure of $500 million over five years to reduce the immigration backlog. This proposal was similar to my bill, which has now become law. The President-Elect will have to submit his fiscal year 2002 budget to Congress in the coming weeks.
Let everyone start this email campain, send the email to:
Ombudsman: CISO@DHS.gov, Prakash.Khatri@dhs.gov
USCIS Director Eduardo Aguirre, Jr: ????
Acting Associate Director for Operations: William R. Yates /s/ Janis Sposato
We can also write a letter to congressman in your district, look for more information in 485 campain area
In other campain, they result something good. We should raise our voice and let the congressmen and congresswomen know our pain due to USCIS's unfair treat.
Let everyone spend sometime and get organized to keep the campain going forward
"Ocean" FAX Campaign #15 to 44 Congressional Members
On 6/15/2004, Congresswoman Zoe Lofgren (D CA 16) and 43 members of Congress sent a letter to USCIS Director Eduardo Aguirre, expressing concern over the immigration petition backlog and requesting a plan to eliminate the backlog.
Let's start this campain, and first decide what to do
(1). Name of the campain, will I-140Backlog Campain ok?
(2). Goal, Address the I-140 backlog, which will make AC21 virturally useless.
(3). Core Team, I will like to be in the core team, let's add more. I will say everyone in the core team should expect devote at least an hour per week, to communicate, send fax and email to all related parties. For petition letter to congressman and woman, we need people in each congress-zone to write to their congressman, may attend Townhall meetings as well
a. Candie CA12
a. Email and Fax petition to:
USCIS Director Eduardo Aguirre
Acting Associate Director for Operations
Please come up your suggestions and let's act efficiently. Everyone is busy, but no one will do things for us if ourselves does not try our best.
Yes, I agree. All the applicants filed after July 18, 2003, please join us to fight against the becklog in CSC. Don't be selfish cuz the only way we can get our approvals ASAP is acting together and let our voices be heard. I know some new applicants may think they can fit in pilot program and get the approval soon, but think twice, it's USCIS, nothing is for sure. We are all on the same boat.
have you called Ravi? and what did he say?
I guess we should try to resolve the problem by different effort? Contact Congresmen and media, possible litegation, contact BCIS official?
Let us do it together, provided enough people have enough interest.
count me in for your fight against this backlog.
Let me know how can be of your help.
If you have email content, please provide me and I will gladly forward it to the email address provided.
Let's count how many can joint the compaign for I-140
The major issue is:
1. Delay of I-140 will make AC21 useless.
2. For old applicants, it is bad, since you see I-140 stay around July 2004 for a year or so now. Who know when it will move if we do not do anything to push it?
3. For new concurrent applicatnts, you may be lucky since they will process I-140/485 concurrently, in the new pilot program. But your situation may be bad too if your application is not picked up by the pilot program, or your security check delay for long time which make your 140/485 not adjust-ready. (my name check has been pending in FBI for a year now, and I have no confidence how many more year it will take)
4. Therefore, if they leave both 140/485 on the shelf, it will be hard to keep the applications alive in the tough market. If you are laid off, or want to resign, your 140/485 could be gone !
5. So BCIS should at least process I-140 first. What are they doing now? Since many raise voice of I-485, they are ignoring 140 now, which will make the life of many of us even harder.