Draft for MH townhall meeting (generic one)
mmigrationPortal.Com
5225 N. Wilson Blvd, Arlington VA 22205
Re: Public Law 106-313, Section 106 (j) relief removed due to USCIS interpretation.
Dear Congressman Michael Honda,
First of all we want to thank you for your support to the legal immigrants, who are contributing a lot to the economy of the United States, by co-sponsoring the HRES 384 IH and joining members of Congress to Address Immigration Petition Backlog. We are very happy to say that due to efforts of you and fellow congresspersons there has been enormous improvement in USCIS processing for I-485, Adjustment of Status cases.
We are writing to you regarding the USCIS memo dated May 04 2004, which invalidates the relief given by PL 106-313 (AC 21 Law) and unreasonable delays, process in adjudication of the Employment-Based I-140 cases.
As per new USCIS memo of concurrent filing for I-140 and I-485, the cases will be adjudicated concurrently. if I-140 is filed concurrently with I-485 then I-140 will not be processed till the I-485 is ready to be adjudicated. Also note that USCIS interpretation of AC 21 law is that employees cannot use AC 21 law until I-140 is adjudicated. Since I-485 is taking anywhere between 24 - 36 months to process in most of the service centers, not adjudicating I-140 before hand will not allow employees to use AC 21 law, Section 106 (j) which gave job flexibility to the employees.
According to CSC’s progress report, CSC is adjudicating the I-140 cases filed before July 2003. Also USCIS has not shown any progress for some of the I-140 cases since August 2003. According to VSC’s progress report, VSC is adjudicating the I-140 cases (EB3) filed in April 2004. This is despite the fact that approximately 50% of the cases filed in prior months (some as early as August 2003) are still pending.
In almost all Service Centers it is very frustrating to see approvals happening for some cases filed as late as April, May, June and even July 2004, even though cases filed several months prior to the current processing date have not even been touched in the last 6 months.
Even though the USCIS is a government agency, it should never be above the law. Thus, we as immigration portal community request you to enforce legislations passed by members of the Congress and hold the USCIS to higher standards of service. As a member of congress we believe you will take appropriate actions. We request you to raise this problem with congress, USCIS and provide us the employee’s relief by allowing us to change jobs after 180 days has passed by after filing I-140 and I-1485 concurrently, irrespective of I-140 status. It will provide a required relief to a lot of people who have been waiting so long for their approval.
In summary, we would like to request your help to 1) correct the USCIS to give relief granted in AC 21 law; 2) contact the USCIS and express frustrations with the I-140 processing; and 3) request Mr. Aguirre to move some reasonable number of adjudicators to I-140 unit from other units such as I-485 where there has been significant improvement recently.
Sincerely,
Name
I-140 Case #
Address
E-Mail: -
