One letter to Mr. Yates and here comes the new AC21 memo!

aws:

really appreciate your effort and courage. there are many reasons for us to change employer before 140 is approved and you made us see the light through the gloomy sky. wish you all the best and all the best for those who use AC21 before 140 approvals.
 
Thank you aws, at least we smell some light now.

When look into the memo detail, there are confusions here:

A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing issue such as ability to pay, an RFE can be sent to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A

See, how could samething(ability to pay) was mentioned twice and each have it's own treatment? am I mis-understand something here?
 
aws said:
right from childhood, i have an attitude that if your goal is genuine -- path is genuine--- you are not harming anyone -- then you will reach your destination. In some cases, you may have to fight for your cause -- this is what exactly I am trying to do.
Click to expand...

Bravo.. Good to see you back. My gut feeling is, you will get thru this soon and hopefully. Just to be safe, are you filing backup LC using PERM ?


I was one of the folks researching AC-21 stuff before 140 approval as my 140 case stuck with AbilityToPay issues in middle of lastyear.

Finally, with help of 'unitednations' work, I got thru 140 hurdle. It was a uphill battle with employer/lawyer, but finally paid-off. thank god.
 
naanshi said:
source: www.immigration-law.com

"In taking the foregoing steps, should the adjudicator has an issue of RFE, particularly the issue of employer's ability to pay the proffered salay, the adjudicator should issue RFE, and upon receiving the RFE responses, if the evidence meets the approvable thresholds, the adjudicator should perform the foregoing procedure and conclude the adjudication of I-140 petition and I-485 application.

In the context of RFE, if the response is not received or even if the response is received and the reponse does not adequately address the issues or the response is simply that the beneficiary no longer works for the petitioner, the petition is considered unapprovable and consequently the I-140 will be denied and at the same time, I-485 will also be denied".
Click to expand...

aws and naanshi, Good to see you guys back in forum...........there is always light at end of the tunnel.
This is new AC21 memo is tricky, the clause is "The adjudicator can deny if beneficiary no longer works for the petitioner". One should be cautious before one uses the AC21 portability.
 
hopeofgc and lohith,

thanks for your comments.

i realize it still can be a trivial situation, mainly if a rfe comes along after u left the sponsorer. in my case, until the 140 was pulled back, there was no rfe neither do i expect one.
my best bet now is to link my pending MTR on 485 with this memo and for this, i am going to write Don Neufeld (NSC Director).

if you folks have any thing to share on your prior experiences, if any, on communicating with NSC, I'll appreciate that.

-aws
 
Aws:

Hate off to you for what you have done! Wonderful job!

Just wondering if you could help all of us out one more time: When you write to NSC director, could you please mention the processing gap among service centers and show him how far behind the NSC is in processing the employment-based GC petition? This is so unfair for all of us who happen to live in the states that are under NSC.

The following is an excerpt from http://www.immigration-law.com/

05/16/2005: Wide Gap Among Service Centers in I-140 and EB-485

Analysis of the processing times of the employment-based I-140 and EB-485 invites a puzzling question as to the causes for such a wide gap among the Service Centers. Look at the record from the May 3, 2005 processing time reports:
EB-485 Processing Time
CSC VSC TSC NSC
12/16/2004 06/03/2004 04/04/2003 01/01/2003

I-140 Petitions (Skilled Worker/Professional)
CSC VSC TSC NSC
12/16/2004 03/19/2005 02/10/2005 11/01/2003

Why?


Thanks a lot!



aws said:
hopeofgc and lohith,

thanks for your comments.

i realize it still can be a trivial situation, mainly if a rfe comes along after u left the sponsorer. in my case, until the 140 was pulled back, there was no rfe neither do i expect one.
my best bet now is to link my pending MTR on 485 with this memo and for this, i am going to write Don Neufeld (NSC Director).

if you folks have any thing to share on your prior experiences, if any, on communicating with NSC, I'll appreciate that.

-aws
Click to expand...
 
2manzi said:
Aws:

Hate off to you for what you have done! Wonderful job!
~~~ i hope you mean to say hats off and not hate off... :D

Just wondering if you could help all of us out one more time: When you write to NSC director, could you please mention the processing gap among service centers and show him how far behind the NSC is in processing the employment-based GC petition? This is so unfair for all of us who happen to live in the states that are under NSC.

~~~ well, i did this a long time back with the help of forum members and rajiv/monica. we did end up filing an on-line petition for 140 backlogs which was eventually signed by @ 300 folks.
regarding the processing times from NSC, no one really has any clues. i believe these dates are for stand-alone 140/485 applications and not for concurrent cases.
i don't know how the petition helped, but from late Dec until end of March, there was a flurry of 140 approvals.

once i contacted a top USCIS laision through my local congress, she came up with std reply " we have huge backlog....."

so, wait for your DOG DAY to arrive.. i am sure it is in very near future.

-aws
The following is an excerpt from http://www.immigration-law.com/

05/16/2005: Wide Gap Among Service Centers in I-140 and EB-485

Analysis of the processing times of the employment-based I-140 and EB-485 invites a puzzling question as to the causes for such a wide gap among the Service Centers. Look at the record from the May 3, 2005 processing time reports:
EB-485 Processing Time
CSC VSC TSC NSC
12/16/2004 06/03/2004 04/04/2003 01/01/2003

I-140 Petitions (Skilled Worker/Professional)
CSC VSC TSC NSC
12/16/2004 03/19/2005 02/10/2005 11/01/2003

Why?


Thanks a lot!
Click to expand...
 
I am so sorry!



I did mean to say 'Hat off' not 'Hate off'! :eek: I am glad that you figured that out and didn't get mad at me! :p My apology again!
 
Hi aws,
Did you change to your dream job without getting your 140 approved and without a need that forced you to change jobs? I am sorry to hear about your situation.

Guys,
Until we get 140 approved, we are tied to the employer. I dont think uscis is going to change that anytime soon. This is just my opinion based on understanding of how the system is tied together. Now this is terrible but it seems like we have no choice.

If the applicant is laid off, that is really unfortunate and it is the worst thing that can happen. But until then, it is better to stay away from a job change. I dont think this has changed at all.

bbw
 
bigbadwolf said:
Hi aws,
Did you change to your dream job without getting your 140 approved and without a need that forced you to change jobs? I am sorry to hear about your situation.


~~~yes, i wanted to move to my "dream job" as i was not sure how long it would take before my 140 gets approved. sometime in life you need to take chances and then be ready to face the outcome. in my case, i took the chance and i hope the outcome (due to the new AC21 memo) will bring me out of the doldrums.

Guys,
Until we get 140 approved, we are tied to the employer. I dont think uscis is going to change that anytime soon. This is just my opinion based on understanding of how the system is tied together. Now this is terrible but it seems like we have no choice.

If the applicant is laid off, that is really unfortunate and it is the worst thing that can happen. But until then, it is better to stay away from a job change. I dont think this has changed at all.

bbw
Click to expand...
 
I can understand your situation. Employers are sleazeballs and it is better to not take any chances with them. I am waiting for the 6 month period after approval. After this, I will mostly switch.
 
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