Jimi_Hendrix
11-10 09:53 AM
We now have 5 members in Southern California who have shown interest in participating State Chapter work. I think that is a great start. Thanks for your postings. Once the core team gives us a set of responsibilities we can start rolling.
Thanks.
Thanks.
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bkn96
11-25 08:39 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
yabadaba
07-11 12:01 PM
heres the thing..we have been talking about the 2004 hump for eb2 for a while now. if you download the perm data from 2005 you will see only 7000+ PERM approvals for India. this included a significant number of EB3 other worker categories like pipe welder, cook, etc ( i am assuming they were eb3 -other worker...correct me if i m wrong)
this was the breakdown per month for perm 2005
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
7290 - includes everybody - eb2, eb3, eb3 other workers
the whole question was the hump of 2004-march2005
ithis is the first time since when retrogression started on oct 1 2005, that the dates have moved beyond 2005.
this was the breakdown per month for perm 2005
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
7290 - includes everybody - eb2, eb3, eb3 other workers
the whole question was the hump of 2004-march2005
ithis is the first time since when retrogression started on oct 1 2005, that the dates have moved beyond 2005.
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a_yaja
07-21 09:06 AM
SPONSOR: Senate Amendment 2339 Sen Cornyn, John [TX],
COSPONSORS(6):
Sen Enzi, Michael B. [WY]
Sen Gregg, Judd [NH]
Sen Smith, Gordon H. [OR]
Sen Sununu, John E. [NH]
Sen Coleman, Norm [MN]
Sen Voinovich, George V. [OH]
Enzi - Yea
Gregg - Yea
Smith - Yea
Sununu - Yea
Coleman - Yea
Voinovich - Nay
Everyone who cosponsored the amendment voted for the amendment except for Voinovich. Wonder why he cosponsored the amendment if he did not vote for it.
COSPONSORS(6):
Sen Enzi, Michael B. [WY]
Sen Gregg, Judd [NH]
Sen Smith, Gordon H. [OR]
Sen Sununu, John E. [NH]
Sen Coleman, Norm [MN]
Sen Voinovich, George V. [OH]
Enzi - Yea
Gregg - Yea
Smith - Yea
Sununu - Yea
Coleman - Yea
Voinovich - Nay
Everyone who cosponsored the amendment voted for the amendment except for Voinovich. Wonder why he cosponsored the amendment if he did not vote for it.
more...
supers789
12-10 06:54 PM
I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....
asharda
09-09 03:42 PM
My 1 cent (percent) towards 30K --- $300/-
Go IV. All the best for your effort. Sorry I will be out of country and can't make it but I will be watching closely.
Best wishes
Google Order #829616371917763
Go IV. All the best for your effort. Sorry I will be out of country and can't make it but I will be watching closely.
Best wishes
Google Order #829616371917763
more...
java_jaggu
06-02 08:33 PM
Canadian_Dream, I think your interpretation is wrong..
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
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ksrk
02-26 02:02 PM
On what basis you are saying that? Do you have any data/links to support this?
That's my question too! Just speculation or based on something solid?
That's my question too! Just speculation or based on something solid?
more...
gc_on_demand
04-30 02:58 PM
I can understand if some congressman is agianst it.. but why USCIS doesnot want additional visa..
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kshitijnt
05-09 04:16 AM
I am on H1, my wife is on F1, we filed joint taxes as residents on 1040. Both have ssn. Got the $1200 deposited today. I am happy :D
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crystal
09-17 02:52 PM
:)
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gaz
09-12 12:01 PM
how about sending balloons with a message on it?
the balloon would represent our dreams and each passing day of inaction on the part of uscis lets the air out of them
inflated balloons would be visible also when the delivery arrives
the balloon would represent our dreams and each passing day of inaction on the part of uscis lets the air out of them
inflated balloons would be visible also when the delivery arrives
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saimrathi
07-18 12:38 PM
I posted this on another thread.. Recapturing lost visa numbers from yester years has to be top priority..
lets fight to recapture Visa numbers from the previous years.. As this article rightly points us, the road ahead:
Not the End of the Road
Still unresolved is the issue of green cards that have gone unused in the past decade or more. USCIS estimates that 10,000 green cards of the 140,000 allotted for employment-based applicants were not issued last year. Immigration Voice estimates that 200,000 in total have gone unused in the last decade. Immigrant advocates have been urging the federal government to offer make these green-card slots available to help relieve the backlog of those waiting for green cards, an estimated 500,000.
Using green cards from previous years would require legislation from Congress. Lofgren says there have been "some discussions going on informally" about whether such a move is possible. But it's no sure thing. It would be difficult to pass such legislation in a Congress that is leery of any immigration issue after a comprehensive reform effort with the support of President George W. Bush and bipartisan leaders in the Senate got shot down earlier this summer.
Meanwhile, immigrant advocates say they will continue to press to speed the process of turning workers with visas into permanent residents. "This [decision] helps us move from a more painful limbo to a less painful limbo, but it's limbo nonetheless," says Immigration Voice's Pradhan. "Adjustment of status is not our final destination; green-card status is."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080_page_2.htm:)
lets fight to recapture Visa numbers from the previous years.. As this article rightly points us, the road ahead:
Not the End of the Road
Still unresolved is the issue of green cards that have gone unused in the past decade or more. USCIS estimates that 10,000 green cards of the 140,000 allotted for employment-based applicants were not issued last year. Immigration Voice estimates that 200,000 in total have gone unused in the last decade. Immigrant advocates have been urging the federal government to offer make these green-card slots available to help relieve the backlog of those waiting for green cards, an estimated 500,000.
Using green cards from previous years would require legislation from Congress. Lofgren says there have been "some discussions going on informally" about whether such a move is possible. But it's no sure thing. It would be difficult to pass such legislation in a Congress that is leery of any immigration issue after a comprehensive reform effort with the support of President George W. Bush and bipartisan leaders in the Senate got shot down earlier this summer.
Meanwhile, immigrant advocates say they will continue to press to speed the process of turning workers with visas into permanent residents. "This [decision] helps us move from a more painful limbo to a less painful limbo, but it's limbo nonetheless," says Immigration Voice's Pradhan. "Adjustment of status is not our final destination; green-card status is."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080_page_2.htm:)
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maddipati1
12-16 01:22 PM
one of my close friend grew from a regular programmer to the position of VP in the span of last 6 years. he is facing lot of issues with GC.
clearly mirage didn't mean growing to the position of exactly VP. he meant a higher and slightly different position, for example an IT Manager. It is not that uncommon, for a IT Progmr who works in the same company for 5-6 years, offered a Manager position.
desi, this is argument is going nowhere, ur intentions in the begining are good and i welcome ur critique, but leave it when recepeints aren't taking it. it became argument just for the sake of supporting ur argument.
BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.
clearly mirage didn't mean growing to the position of exactly VP. he meant a higher and slightly different position, for example an IT Manager. It is not that uncommon, for a IT Progmr who works in the same company for 5-6 years, offered a Manager position.
desi, this is argument is going nowhere, ur intentions in the begining are good and i welcome ur critique, but leave it when recepeints aren't taking it. it became argument just for the sake of supporting ur argument.
BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.
more...
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Buran
10-13 11:25 AM
For FY2006 (Oct 1st, 2005 - Sep 30, 2006) a total of 30,512 Schedule "A" visas were used.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table07d.xls
Schedule "A" was current from June 1, 2005 till October 31, 2006
According to DHS statistics 5,125 schedule "A" visas were used in FY2005 (June 1st, 2005 - Sep 30, 2006).
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2005/table07.xls
So, from June 1, 2005 till September 30, 2006 only 36,367 Schedule "A" visas were used.
Now if 50,000 were available under schedule "A" what happen to 50,000-36,367=14,363 visas? I doubt very much that so many petitions were filed in October 2006 - the last month when this category was current and for new applicants the only option was AOS, even considering the fact that consulates conducted interviews in October, 2006 and November, 2006 they could not use 14,363 visas! Especially considering the fact that not all applications got approved (because of the Visacreen, etc).
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table07d.xls
Schedule "A" was current from June 1, 2005 till October 31, 2006
According to DHS statistics 5,125 schedule "A" visas were used in FY2005 (June 1st, 2005 - Sep 30, 2006).
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2005/table07.xls
So, from June 1, 2005 till September 30, 2006 only 36,367 Schedule "A" visas were used.
Now if 50,000 were available under schedule "A" what happen to 50,000-36,367=14,363 visas? I doubt very much that so many petitions were filed in October 2006 - the last month when this category was current and for new applicants the only option was AOS, even considering the fact that consulates conducted interviews in October, 2006 and November, 2006 they could not use 14,363 visas! Especially considering the fact that not all applications got approved (because of the Visacreen, etc).
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gcgonewild
04-29 04:23 PM
Pappu,
Just called all Senators
The Phone number of last few senators is wrong.
Please change 244 to 224.
Just called all Senators
The Phone number of last few senators is wrong.
Please change 244 to 224.
more...
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singhsa3
04-30 04:34 PM
I hope u r right man...
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
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i4u
05-06 03:00 PM
called one more round - both sets.
Build the pressure..........
Build the pressure..........
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tnite
07-11 07:18 AM
I couldn't believe this. Wonderful news. Thanks
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
bhavinkanani
08-02 04:06 PM
I just spoke to a lady at USCIS and she told me they just started working on case receipts for July 2nd and onwards so in next couple of weeks most of you who filed in first week of july should see their receipts..this is what she told me and she sounded very authentic..
chandsri81
05-14 10:35 AM
thanks! thats encouraging..they already gave us a conditional approval last week asking for some documents, which I sent immediately. They didn't even open my documents for a week, and then the underwriter came back asking for some more things including this I94..these people are crazy! Today's my deadline and i still haven't heard anything
I will let you know if they refuse the give us a loan..thanks again for the help!
I will let you know if they refuse the give us a loan..thanks again for the help!
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