Thursday, June 23, 2011

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  • like_watching_paint_dry
    03-16 12:18 AM
    I agree with you completely ! I wish and pray Interfilers and labor substitution applicants rot in hell.

    I'm right there with you on labor substitution, but I would not really blame interfilers that much.

    Though one thing that I would like to see USCIS do is allow people to port EB3 priority date to EB2 only if they were eligible for EB2 as of that priority date. i.e. If you did not have a Masters or 5 years exp. as of June 2002 and so you filed EB3 and have a June 2002 EB3 PD, you should not be allowed to claim June 2002 EB2 priority date based today based on the experience or masters degree as of today. Allowing that does not sound fair to a say a June 2003 PD EB2 person who was eligible for EB2 as of June 2003 and filed EB2.





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  • lost
    02-15 09:24 AM
    Anybody from KY attending the event?





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  • reddymjm
    10-21 08:59 AM
    Bump





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  • jonty_11
    07-11 04:37 PM
    >>>>>>>>



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  • Jbpvisa
    07-12 11:01 PM
    http://www.murthy.com/chertoff_murthy.html

    July 12, 2007

    VIA FEDERAL EXPRESS
    Michael Chertoff, Esq.
    Secretary
    Department of Homeland Security


    RE: USCIS Decision to Reject I-485 Filings

    Dear Mr. Chertoff:

    It was a pleasure and an honor to meet with you and to share my views during your panel discussion at the Harvard Worldwide Congress June 15, 2007 in Washington, D.C. I understand and appreciate that the responsibility vested in you as the Secretary of the U.S. Department of Homeland Security is no simple task. We applaud your service to our nation. After meeting with you personally and speaking with you, I am more convinced than ever that you will do the right thing for our country and for the people you serve, both in terms of securing our nation and in being the leader of the DHS, with over 20 federal agencies reporting to you, including the USCIS.

    Purpose of this Letter

    I am writing to you at this time to address recent actions by the USCIS to refuse to accept I-485 adjustment of status filing during July 2007 that are having significant impact upon the reliability of the legal immigration system in this country, as well as impacting legal foreign nationals and the many U.S. businesses that rely upon the work they perform.

    USCIS Decision Contradicts its Long Standing Procedure

    In contradiction of its own long standing policy and procedure, we understand that the USCIS, through its Director Gonzalez, contacted the U.S. Department of State (DOS) and requested or required the DOS to issue a �revised� Visa Bulletin on July 2, 2007. The USCIS then used the revised Bulletin to refuse to accept I-485 filings. This decision deprives thousands of foreign nationals, and their families, of the rights and privileges that are attendant to the I-485 filing.

    These Highly Skilled Professionals Followed All the Rules and Believe in the American Dream

    These professionals and their employers have played by our established immigration laws and rules. The vast majority of these thousands of potential applicants has a U.S. employer corporation, university or other business as a sponsor for permanent resident status. The exceptions from an employer are for those who are considered of �extraordinary ability� or whose work is in our �national interest.� Many of these applicants have completed their Bachelor�s, Master�s and/or PhD programs from U.S. universities. They believe in the opportunities of this great nation and strive to achieve the American Dream by following all the rules, working hard, paying taxes, and striving to do the right thing. They believe in this country, and rely upon our systems, our government, and our processes. Unfortunately, on July 2, 2007, we let them down. The USCIS abandoned its own system and long standing practices. This happened through manipulation of the use of visa numbers, insisting upon the issuance of a "revised visa bulletin," and instituting the USCIS policy of rejecting every employment-based I-485 that could have been filed during the month of July 2007.

    USCIS Decision Denies Substantive and Procedural Rights to Highly Skilled Workers and Their Employers - Many of Whom Have Already Suffered and Will Suffer Further Harm/ Injury

    Not only does the USCIS' action harm the individuals and employers involved, it undermines the reliability of our entire employment-based immigration system. The unexpected decision of the USCIS to refuse to accept any I-485 filings denies both substantive and procedural due process rights to would be applicants across the U.S. All of these applicants are employment based (EB) applicants who are primarily highly skilled professionals or experienced workers, that the U.S. seeks in high demand areas, including: science, technology, medicine, research, business, academia, and education.

    The harm in not accepting the filings in July 2007 goes beyond mere delay. In reliance upon the July Visa Bulletin, starting in mid-June 2007, these applicants took the steps necessary to prepare their filings and made decisions in reliance upon the USCIS accepting their filings during July 2007. In order to be present in the U.S., as required for these filings, many applicants and their families canceled travel plans abroad or arranged to return to the U.S. on short notice missing family weddings and other important life events. They undertook medical examinations and paid for the required tests which must accompany the I-485 filings. (The USCIS had refused to waive this requirement even temporarily.) They hired lawyers to process their paperwork; they arranged to obtain documents from abroad on an expedited basis, involving foreign lawyers and foreign governments, all at a significant cost. They made employment and other strategic immigration related decisions to be able to process their I-485s for them and their families. Some canceled visa appointments at the consulates, or withdrew other immigration filings, all in reliance upon the USCIS accepting I-485 filings during July 2007.

    The applicants and their employers lose the rights and privileges that accompany the filing of the I-485. These include eligibility for the Employment Authorization Document (EAD) and Advanced Parole (AP), thus eliminating the need for the individuals and their employers to make the filings necessary to maintain a non-immigrant, temporary status. These same ancillary benefits also apply to dependant family members. Most importantly, those that have not filed I-485s are not eligible for "portability" benefits under the �American Competitiveness in the Twenty First Century Act� of Oct. 2000 or �AC21� as it is sometimes referred to. This ineligibility for AC21 portability forces career stagnation. This is to the detriment of the individual as well as their sponsoring employer. Under AC21 portability, employers can promote and/or relocate employees to positions that are the same or similar job classifications as the positions for which they were initially sponsored. Individuals can utilize these provisions for career advancement, and for entrepreneurship. Given that the green card process often spans many years, AC21 portability allows the necessary flexibility to permit the case to continue, to accommodate changes in the sponsoring employer's needs as well as opportunities that are specific to the beneficiary.

    The list of stories of individuals and families harmed by the USCIS decision is endless. We have for example, many spouses who will now be separated potentially for years on end, as one received a green card during the USCIS' June "rush," while the other is now ineligible to file.

    The USCIS decision also created a burden on U.S. employers. Further delays in the green card process mean that, at best, U.S. employers have to continue to file temporary petitions to keep their workforce in the U.S. legally; at worst, it jeopardizes the availability of this needed highly educated and skilled workforce.

    USCIS Motive is to Collect Millions of Additional Filing Fees

    Many are baffled by the USCIS decision to reject I-485 filings in July, and its use of the �revised� Visa Bulletin as an excuse. The suspected motive is the collection of the substantially higher filing fees that will be generated after July 27, 2007. This entire incident sends the wrong message about our government, our policies and our legal system reeking of greed and inconsistency. Even the appearance of such impropriety undermines our system.

    .................
    continue





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  • unitednations
    12-21 10:52 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    I don't agree that a person hasn't violated status unless uscis io informs the person.

    If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.



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  • ras
    07-12 11:38 AM
    am still unclear. Does it mean those who have PD prior to Jun 06 will get their GC? I cant believe it.

    At the personal end, I have my GC filed with Dec 06 PD. However, I have a previous I140 approved with Sept 05. I was thinking about porting the priority date. If I port it now will I get my GC based on the previous priority date?

    Ofcourse I dont intend to port it at this point of time because am planning to get married in another 3-4months. so can you guys let me know what would be the best approach. Is it porting the previous priority date now or wait till getting married and then port it? In such case will the spouse be eligible to file for 485 when it is current. am confused.





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  • anurakt
    01-16 04:14 PM
    283 members online and look at what we got from a monthly contributions. This forum doesn't even have members who can contributr 20$ monthly and call themeselves High Skilled Immigrants !



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  • monkeyman
    09-26 02:58 PM
    It is not about politics, it is about ignorance of the people (including reporters). It is explainable, though - what do you know about... I don't know, laws around transporting hazardous materials, something you have never been exposed or subject to? Next to nothing. That's what an average American knows about immigration - their closest brush with that law was when their co-worker adopted a child from abroad. Of course, they do not know the difference between worker visas, and employment based immigrant visas (don't they even sound alike?).

    Hmmmmm... I do not have any exposure to transportation industry - but the regulations are straight forward - you cannot transport hazardous materials on normal routes (there are designated routes depending on the HAZMAT code) - definitely, no tunnels / bridges. Declarations have to be obtained, MSDS (Material Safety Data sheets ) must be accessible and personnel involved need to be trained and understand the health risks. The type of material must be indicated on a HAZMAT chart and color coded!!!

    And I see your point, but what do you know about the visa rules of your country? Let's say, I want to work in your country - what visa do I need - is there a CAP or quota system - validity, my rights etc. Its wrong to blame average American or any generic population because you are in deep shit. Just my thoughts - no hard feelings!!! Its more about educating people who are interested and IV (henceforth Legal IV) is the platform for doing just that.





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  • vin13
    11-13 09:29 AM
    If you do not have the time to meet the lawmakers or their aides, call them over the phone explain the situation and email the letter.

    If 100s' of us try and 1 succeeds, we all succeed.



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  • yetanotherguyinline
    05-14 12:39 AM
    Unfortunately one needs to have a GC or be a USC in order to be eliglible for FAFSA or any federal financial aid.


    I am in part time MBA program in UCB and many of my classmates with EAD/AP are getting FAFSA benefits. I am also applying for it next year...





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  • ryan
    08-21 12:12 PM
    I did not marry the man I was engaged to. .

    Sorry to hear. We can debate on this form till the cows come home, however, I think it is best you contact an experienced / skilled immigration lawyer ASAP. Often there are alternatives and solutions an immigration lawyer can evaluate and put forth to you. IMO that is the best option at this point. I hope things work out for you, good luck.



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  • nirenjoshi
    03-09 12:33 PM
    China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!

    India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!

    China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.





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  • thirdworldman
    03-09 10:56 PM
    Oh yeah, I know my bench sucks.



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  • Legal
    07-04 08:38 PM
    only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.

    I meant without country cap....





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  • GC_SUCK
    08-15 11:03 PM
    I am wondering what part RD will paly in this new visa bulletin. In may case, I have PD of April 2002 (EB3-ROW) but RD of March 2007.

    I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?



    That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
    EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
    Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.



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  • desi3933
    03-17 07:36 AM
    Hello Desi,
    .....
    ......

    This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....

    I am little confused...

    your comment will be greatly appreciated ;)

    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Country EB1 EB2 EB3
    India 6672 10124 2306
    China 4999 3046 1027
    S Korea 2311 4991 4001
    Philippines 524 1853 5540
    Mexico 2010 922 3745

    All visa numbers allocated to South Korea are against EB visa numbers.


    _________________
    Not a legal advice.





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  • monika
    07-23 07:33 PM
    When we emailed him about our concerns regarding this issue his response was the following:
    I have won many cases without it. It�s not something we need to worry about at this point b/c we don�t have receipts yet. If immigration needs it they will likely request it.
    To tell you the truth I'm still very worried.





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  • inthehole
    07-18 12:07 PM
    Called USCIS just 5 mins back.. first a lady answered and asked me questions about the reason of calling..

    I explained that i am calling to find out the status of my i-485 application that i filed on June 25th. And I would like to know when will i get my receipt no.

    The lady asked me to stay on the line and transferred to another person.

    Another lady picked up and asked my last name.. I told my last name. (i did not spell my last name)

    She asked for reason for calling..

    I said to I filed i-485 on June 25th and I did not get my receipt no yet..i said
    i would like to know when can i expect my receipt no..

    She put me on hold for few mins and came back and said
    "You have till August 17 to file your i-485. If we have visa numbers available and if your application is accepted, you will receive your receipt no before August 17"

    I said I aready filed my application on June 25, before the July bulletin.

    She said "listen carefully" and explained the same thing again.

    I said thank you and hung up..

    It doesn't make any sense.. I think(hope) she doesn't understand my question properly or she doesn't know the process..





    belmontboy
    11-12 08:19 PM
    I am not sure what lobbying efforts would do for us, haven't worked so far...In my opinion we need more media visibility which makes politicians to take notice of us. In these troubled times they are open to any kind of ideas that would help the housing market.

    Just show the real numbers to the media -

    Approx 0.5 million people (well educated with decent earnings)
    Atleast 50 to 60% of these people could potentially buy houses if immigration related uncertainities are gone
    Potentially quarter of million buyers for houses, that is a lot!!

    I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.

    Enough of "ideating" and start "implementing" [courtesy: IBM ads] :D





    gc_on_demand
    08-10 04:01 PM
    10th is almost over and I thought we had this trend that when USCIS wants to maintain status quo they publish bulletin early in the month and if the bulletin is delayed there is strong probablity that there will be some positive movement

    I have seen same trend for last two years. Reason was simple for last two years as they want to see demand for current month and then predict cutoff date for next month. But I don't see that same thing will happen again. As DOS must know remaining of visa # for fiscal year and also since USCIS has pre adjudicated at least 140k cases they should not take long time to calculate cutoff date.

    Their job is piece of cake now. But I was wondering that since till last month it was really game of guess for VO so he was not following Mid month date ( generally 15th or around ) to release data. But now he has clear picture in mind so he may wait till Mid month which is Friday to release data.



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