** Pending 485 Eb3 Cases Affected By Priority Date Retrogression **
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fast_gc_seeker
Registered Users (C)
important advise for AC-21
For all folks affected by Priority Date Retrogression and planning to use AC-21, here is an important advise from attorney Sheela Murthy
_________________________________________________________________
A question frequently asked of The Law Office of Sheela Murthy, P.C., is whether a person with a pending I-485, Application for Adjustment of Status, should notify the USCIS if s/he wishes to change jobs or employers under the American Competitiveness in the Twenty First Century Act (AC21)'s portability provisions. The answer and practice at our Office, practically since the October 2000 enactment of AC21, has been that it is safest to notify the USCIS of the job change. Regardless of the fact that the AC21 law does not specifically require this, our belief has been solidified over time that it is the safest course in most cases. For more information on AC21 and additional reasons to file a notification, see our August 12, 2003 MurthyBulletin article, BCIS Memo on I-485 Portability After I-140 Revocation, available on MurthyDotCom.
The wisdom of this practice was confirmed again recently in a Notice of Intent to Rescind (NOIR) on an approved permanent residence (I-485) case. The NOIR was based upon failure to notify the USCIS of an AC21-qualifying position. Rescission is an action on the part of the USCIS to take back an approved green card. It can be based upon mistake, fraud, or similar matters. This action is rarely taken since it has serious adverse legal consequences and the USCIS is required to follow certain due process procedures. The few cases we have heard about over the years have involved egregious fraud. We hope and trust that this NOIR is an isolated incident and not a trend of any kind, especially since the USCIS failed to provide personal service, notice by certified mail, or to follow any of the other procedural due process requirements for a rescission. To our knowledge, there have not been any new USCIS or DHS memos on this topic or other announcements that warrant an increase of this step for failure to notify the USCIS of a change in employers or jobs under AC21's portability provisions. Since this case involves AC21 and notification, however, we bring it to the attention of MurthyDotCom and MurthyBulletin readers as yet one more reason to notify the USCIS with due diligence when changing jobs under AC21.
The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. The NOIR was issued many months after the I-485 approval after the individual had already become a permanent resident and it is unclear what may have generated this secondary review. It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases.
Our purpose in relaying the circumstances of this case is not to spread panic but to advise MurthyDotCom and MurthyBulletin readers of the potential risk in failing to notify the USCIS of the new employment as expected by the USCIS under AC21. We again emphasize that this appears to be an isolated instance at this point. This report is provided for those persons who may be considering use of AC21, who are debating the issue of whether or not to inform the USCIS of the job change. In this era, when in doubt, it is best to follow the most cautious path of notifying the USCIS of any change in job or employer to be eligible to obtain the approval of permanent resident status and to maintain that status
For all folks affected by Priority Date Retrogression and planning to use AC-21, here is an important advise from attorney Sheela Murthy
_________________________________________________________________
A question frequently asked of The Law Office of Sheela Murthy, P.C., is whether a person with a pending I-485, Application for Adjustment of Status, should notify the USCIS if s/he wishes to change jobs or employers under the American Competitiveness in the Twenty First Century Act (AC21)'s portability provisions. The answer and practice at our Office, practically since the October 2000 enactment of AC21, has been that it is safest to notify the USCIS of the job change. Regardless of the fact that the AC21 law does not specifically require this, our belief has been solidified over time that it is the safest course in most cases. For more information on AC21 and additional reasons to file a notification, see our August 12, 2003 MurthyBulletin article, BCIS Memo on I-485 Portability After I-140 Revocation, available on MurthyDotCom.
The wisdom of this practice was confirmed again recently in a Notice of Intent to Rescind (NOIR) on an approved permanent residence (I-485) case. The NOIR was based upon failure to notify the USCIS of an AC21-qualifying position. Rescission is an action on the part of the USCIS to take back an approved green card. It can be based upon mistake, fraud, or similar matters. This action is rarely taken since it has serious adverse legal consequences and the USCIS is required to follow certain due process procedures. The few cases we have heard about over the years have involved egregious fraud. We hope and trust that this NOIR is an isolated incident and not a trend of any kind, especially since the USCIS failed to provide personal service, notice by certified mail, or to follow any of the other procedural due process requirements for a rescission. To our knowledge, there have not been any new USCIS or DHS memos on this topic or other announcements that warrant an increase of this step for failure to notify the USCIS of a change in employers or jobs under AC21's portability provisions. Since this case involves AC21 and notification, however, we bring it to the attention of MurthyDotCom and MurthyBulletin readers as yet one more reason to notify the USCIS with due diligence when changing jobs under AC21.
The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. The NOIR was issued many months after the I-485 approval after the individual had already become a permanent resident and it is unclear what may have generated this secondary review. It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases.
Our purpose in relaying the circumstances of this case is not to spread panic but to advise MurthyDotCom and MurthyBulletin readers of the potential risk in failing to notify the USCIS of the new employment as expected by the USCIS under AC21. We again emphasize that this appears to be an isolated instance at this point. This report is provided for those persons who may be considering use of AC21, who are debating the issue of whether or not to inform the USCIS of the job change. In this era, when in doubt, it is best to follow the most cautious path of notifying the USCIS of any change in job or employer to be eligible to obtain the approval of permanent resident status and to maintain that status
pdxbuysell
Registered Users (C)
I had a similar case. My lawyer mailed my package on Dec 29. It reached NSC on Dec 30. I got a receipt around Jan 12. The notice date was marked as Jan 6. If your package reached CIS after 5pm on Dec 30, they will not accept it. Postmark dates are not considered. You should have gotten your receipt by now. Even if the package was not accepted, UPS should have returned your package by now. Didn't you get tracking/delivery notification for your package?nsc_2005 said:
fast_gc_seeker
Registered Users (C)
Folks any more updates? Please post your comments/opinions.
My 140 got approved on Feb 4th, 2005. Now I'm looking out for FP notices. Not sure if they'll send them before my PD becomes current, as I'm affected by retrogression (PD 12/2002).
Rumor says that PD will move ahead quite a bit when the April bulletin comes out. Keeping my fingers crossed.
Rumor says that PD will move ahead quite a bit when the April bulletin comes out. Keeping my fingers crossed.
fast_gc_seeker
Registered Users (C)
Nope, U'll not get any FP if u r affected by PDR. Sorry we have to deal with this crap.MA_Labor said:
fast_gc_seeker
Registered Users (C)
gurus please advise
Like millions of others I'm also stuck in Priority Date Retrogression. I to intend to use AC-21 next month. For this I need old job description which I dont expect before end of March[FOIA sucks in VSC ]...
since my 485 is stuck in PDR can safely change jobs for time being and later when I get FOIA results submit the AC-21 letter? I dont expect EVL immediately on my 485 because of PDR, so whats ur take on this?
Like millions of others I'm also stuck in Priority Date Retrogression. I to intend to use AC-21 next month. For this I need old job description which I dont expect before end of March[FOIA sucks in VSC ]...
since my 485 is stuck in PDR can safely change jobs for time being and later when I get FOIA results submit the AC-21 letter? I dont expect EVL immediately on my 485 because of PDR, so whats ur take on this?
fast_gc_seeker
Registered Users (C)
employment verification letterMA_Labor said:
fast_gc_seeker
Registered Users (C)
my PD is 2004.madhikar said:
** Pending 485 Eb3 Cases Affected By Priority Date Retrogression **
I am one of those got affected by PD Retro. Look at my sig for details.
Well I started another link about BCIS using the GC visa numbers for approving parallel processing cases. If they did not do that the PD could have been atlease 6 months to 1 year forward which is Jun/02 or Jan/03. Which will really help them clear more back log. But they mis used the visa numbers for other approvals. I know a lot of people got their cases with PD > Jan/02 approved in the pilot program for concurrent approval. Which is really stupid in their part to adopt the pilot program in approving concurrent cases.
Anyway it just adds up more frustration. Take care hopefully they reform the law to approve more cases faster somehow?!!?
-----------------------------------
SR
PD : 05/02
I 140 / I 485 Jan 03.
I 140 / EAD 1 / AP 1 : AD : 07/03
FP : 12/04. LUD : 12/04 for FP received.
EAD/AP 2 AD: 06/04
I am one of those got affected by PD Retro. Look at my sig for details.
Well I started another link about BCIS using the GC visa numbers for approving parallel processing cases. If they did not do that the PD could have been atlease 6 months to 1 year forward which is Jun/02 or Jan/03. Which will really help them clear more back log. But they mis used the visa numbers for other approvals. I know a lot of people got their cases with PD > Jan/02 approved in the pilot program for concurrent approval. Which is really stupid in their part to adopt the pilot program in approving concurrent cases.
Anyway it just adds up more frustration. Take care hopefully they reform the law to approve more cases faster somehow?!!?
-----------------------------------
SR
PD : 05/02
I 140 / I 485 Jan 03.
I 140 / EAD 1 / AP 1 : AD : 07/03
FP : 12/04. LUD : 12/04 for FP received.
EAD/AP 2 AD: 06/04
fast_gc_seeker
Registered Users (C)
Pd Fyi
Priority dates now move to Mar 01, 2002. USCIS has achived a lot by pushing it ahead by just 2 months!
http://travel.state.gov/visa/frvi/bulletin/bulletin_2111.html
Priority dates now move to Mar 01, 2002. USCIS has achived a lot by pushing it ahead by just 2 months!
http://travel.state.gov/visa/frvi/bulletin/bulletin_2111.html
EB3 category
Does any one knows how the EB 3 or EB 2 category is decided. I heard this is decided by the offer given by the employer for the position. if so, my employer gave advertisement and explained the qualification and exp as below:
"Bachelor's degree in comp.sci or engineer or administration or math or equivalent and 5 experience in job offered"
So under what category this comes under EB 2 OR EB 3.
Thanks advance for your help.
Does any one knows how the EB 3 or EB 2 category is decided. I heard this is decided by the offer given by the employer for the position. if so, my employer gave advertisement and explained the qualification and exp as below:
"Bachelor's degree in comp.sci or engineer or administration or math or equivalent and 5 experience in job offered"
So under what category this comes under EB 2 OR EB 3.
Thanks advance for your help.
Gurus,
Can anyone shed light on this !!
I have appllied I-485 in Dec 2004 and My PD date in March 2002, Does this give push for my I-485 and get my approval faster than people who have appllied in Jan2004 who's PD date is after April 2004??
How does this work??, If the applicant has PD of March 2004 and has applied in Dec 2004??
Can anyone shed light on this !!
I have appllied I-485 in Dec 2004 and My PD date in March 2002, Does this give push for my I-485 and get my approval faster than people who have appllied in Jan2004 who's PD date is after April 2004??
How does this work??, If the applicant has PD of March 2004 and has applied in Dec 2004??
It is so fast. I filed my I-140 and 485 concurrently without labor certificate 4 months agao. Now my I-140 was approved, and USCIS transferred my case to local office for interview. Will my case sit in the local office for years because of EB-3 retrogression effect on my country? I am making some planning. Please help! Thank you!
Ben
Ben