Milind123
09-16 03:56 PM
Come on people only 11 shots to be fired. (I will take one shot, two already fired). The next person who will pull the trigger is probably a jovial person. He/she has contributed before or will contribute for the first time. He/she thinks we are a bunch of serious people, who will get the job done, but too serious for his/her company.
That is not the case at all. To prove it, here is a joke for you, to make you pull the trigger, amused and probably laughing.
Note: It is impossible to crack a joke and make everyone laughs. Invariably it is offensive to someone. I hope it is not the case here. Also, not everyone likes a particular joke; well the objective here is to make only one person laugh (enough to go to google and pull the trigger). You may have already heard it, but I found it funny. If I don�t get contributions for this one; that�s fine, I won�t try again; this will be the last joke I will post. (I don�t want to scare you away).
An old lady takes the limp body of her rabbit to the vet. She pleads to the Dr �Please please take a look at my dear Pilu. He is not responding at all�. The Dr goes and checks the poor rabbit. �Sorry! But your Pilu is dead�. �No it can�t be the case, help me, help me, please do something�. The Dr says OK and blows a whistle. A cat come and gets on top of the table where Pilu�s body is lying�. She sniffs the body from top to bottom and shakes her head and leaves the room. The dr looks at the old lady and shakes his head too. Old lady protests and says the dr is not doing a good enough job. The Dr again whistles and in comes a Labrador Retriever. The dog also check Pilu and declares that the rabbit is dead. �How much� the lady asks the dr holding Pilu very close to her chest. �$250� the Dr replies.�WHAT $250 TO TELL ME THAT MY DEAR PILU IS NO MORE�. The dr replies back in a very calm tone �it would have cost you 50 when I told you, but you were not convinced and I had to run a lab report and do a cat scam. $100 each�
That is not the case at all. To prove it, here is a joke for you, to make you pull the trigger, amused and probably laughing.
Note: It is impossible to crack a joke and make everyone laughs. Invariably it is offensive to someone. I hope it is not the case here. Also, not everyone likes a particular joke; well the objective here is to make only one person laugh (enough to go to google and pull the trigger). You may have already heard it, but I found it funny. If I don�t get contributions for this one; that�s fine, I won�t try again; this will be the last joke I will post. (I don�t want to scare you away).
An old lady takes the limp body of her rabbit to the vet. She pleads to the Dr �Please please take a look at my dear Pilu. He is not responding at all�. The Dr goes and checks the poor rabbit. �Sorry! But your Pilu is dead�. �No it can�t be the case, help me, help me, please do something�. The Dr says OK and blows a whistle. A cat come and gets on top of the table where Pilu�s body is lying�. She sniffs the body from top to bottom and shakes her head and leaves the room. The dr looks at the old lady and shakes his head too. Old lady protests and says the dr is not doing a good enough job. The Dr again whistles and in comes a Labrador Retriever. The dog also check Pilu and declares that the rabbit is dead. �How much� the lady asks the dr holding Pilu very close to her chest. �$250� the Dr replies.�WHAT $250 TO TELL ME THAT MY DEAR PILU IS NO MORE�. The dr replies back in a very calm tone �it would have cost you 50 when I told you, but you were not convinced and I had to run a lab report and do a cat scam. $100 each�
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subahjaani
07-06 11:54 AM
Is IV a big organization ? Yes. Definitely. With more than 20K members it is a big org.
But what transparency do you or we need about contribution money ?
Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.
Now ask yourself ! ! !
Do I need to know the expenditure report ? My answer would be NO.
well said.
But what transparency do you or we need about contribution money ?
Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.
Now ask yourself ! ! !
Do I need to know the expenditure report ? My answer would be NO.
well said.
sbindval
09-11 02:09 PM
here is some contribution towards the $30k...
$100
Order Details - 11 Sep 2007 14:26 GMT-04:00
Google Order No.306637321632157
$100
Order Details - 11 Sep 2007 14:26 GMT-04:00
Google Order No.306637321632157
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eastindia
05-21 01:04 PM
I am calling again today. Called 3 offices till now.
more...
rajeshalex
07-11 07:14 AM
I am posting the whole thing here.
Category India Most Other Countries
F1 15 March 2002 15 March 2002
FX Unavailable Unavailable
F2A 1 October 2003 1 October 2003
F2B 1 November 1999 1 November 1999
F3 8 June 2000 8 June 2000
F4 22 February 1997 8 September 1997
E1 Current Current
E2 1 June 2006 Current
E3 Unavailable Unavailable EX Unavailable Unavailable
EW Unavailable Unavailable
E4 Current Current
E4-Religious Current Current
Rajesh
Category India Most Other Countries
F1 15 March 2002 15 March 2002
FX Unavailable Unavailable
F2A 1 October 2003 1 October 2003
F2B 1 November 1999 1 November 1999
F3 8 June 2000 8 June 2000
F4 22 February 1997 8 September 1997
E1 Current Current
E2 1 June 2006 Current
E3 Unavailable Unavailable EX Unavailable Unavailable
EW Unavailable Unavailable
E4 Current Current
E4-Religious Current Current
Rajesh
srikondoji
08-11 08:53 PM
frankzulu,
thanks buddy. ignore that intelligent person.
He seems to be living in different world.
I hope moderators or admin or atleast pappu privately restrain this guy from his vitrious talk.
Coming to attending the rally, lets get some more folks from manchester, nashua area and plan on to attend this event.
--sri
SriKondoji & I both being from the NE area we communicated through this thread possibility of car polling for DC and I received a call from him last thursday(Aug 9th) regarding this from some Ohio area code. So buddyinus I can at least assure you he was travelling at that time.
thanks buddy. ignore that intelligent person.
He seems to be living in different world.
I hope moderators or admin or atleast pappu privately restrain this guy from his vitrious talk.
Coming to attending the rally, lets get some more folks from manchester, nashua area and plan on to attend this event.
--sri
SriKondoji & I both being from the NE area we communicated through this thread possibility of car polling for DC and I received a call from him last thursday(Aug 9th) regarding this from some Ohio area code. So buddyinus I can at least assure you he was travelling at that time.
more...
texanmom
09-12 11:52 AM
Let us each take up 1 city and target all the media in that city....
Let us make sure that every major city has been covered. Please start posting in which city you have started the media blitz and I will keep track
Let us make sure that every major city has been covered. Please start posting in which city you have started the media blitz and I will keep track
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Humhongekamyab
02-18 05:30 PM
2005 PERM approvals (India - includes EB2, EB3 and EB3 Other workers)
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
Total for 2005 PERM - 7290
:mad: Thanks for raining down on my parade. Just kidding.
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
Total for 2005 PERM - 7290
:mad: Thanks for raining down on my parade. Just kidding.
more...
nixstor
07-06 10:53 AM
we are not talking anything new nixstor, there are people already waiting for years to get name check done......dont think if you pretend like nothing is happened will get a GC within a year....even though we might still stuck for years in the name of name check
May be you are right. I am pretending like nothing has happened. But Those folks who are adding spin to the issue on security checks, are you focusing in any way on the root cause of the problem. My point is, If you bring security on, every thing else is shelved until security is fixed. If its already there, let it be there. Let AILA figure out in the law suit how they approved. Let Rep Lofgren do it. Why should we stir up the hornet's nest on digg and open doors to anti guys to tighten security checks on us. Its like we are going out there and saying that "yes, My buddy got GC in 6 months. The security system is not working. Please fix it " What will be the result?
May be you are right. I am pretending like nothing has happened. But Those folks who are adding spin to the issue on security checks, are you focusing in any way on the root cause of the problem. My point is, If you bring security on, every thing else is shelved until security is fixed. If its already there, let it be there. Let AILA figure out in the law suit how they approved. Let Rep Lofgren do it. Why should we stir up the hornet's nest on digg and open doors to anti guys to tighten security checks on us. Its like we are going out there and saying that "yes, My buddy got GC in 6 months. The security system is not working. Please fix it " What will be the result?
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anilsal
07-24 12:46 AM
Yeah, BEC was a great thing that happened to make everything a lottery IMHO.
more...
mbawa2574
07-06 01:38 AM
From last 2 years I have not seen activity other than Aman, Himanshu & Puneet.
What are other boys doing in the team ? We need election guys. This is not Iran :-)
Aman Kapoor is the co-founder of Immigration Voice and is our liaison with other groups and agencies. Mr. Kapoor has been working in US for the last eight years. The prolonged employment-based immigration process has continued to hurt Mr. Kapoor�s career growth prospects. Mr. Kapoor possesses strong technical skills and has contributed in many high profile projects with large clients across the country. He has a Bachelors� degree in Engineering and is presently pursuing his MBA. His permanent residency application is being processed and the I-485 approval has been pending for more than 28 months. Mr. Kapoor and his family are now on third year EAD and continue to await approval of their Green Card application. Mr. Kapoor�s handle is WaldenPond and his email is aman@immigrationvoice.org
Himanshu is an advertising and design professional with Masters from a US university and undergraduate from a top Institute in India. He has an illustrious career working with leading companies has won numerous awards. His Green card application was stuck at the Backlog Elimination Center and after lot of wait, changed his employer, started his process all over again with a new PD. He is responsible for media, publicity and funding efforts of Immigration Voice. His ID on Immigration Voice is 'pappu' and can be reached at himanshu@immigrationvoice.org
Nagaraj is a Systems Analyst working in the health care industry for the past 5 years on a H-1 Visa. His tag on IV is indio0617. He has degrees in Physics and Computer Information systems from the University of Madras and University of Houston ,respectively. His Green card application is stuck in the Backlog Center with a pending labor certificate since February 2004. He can be contacted at nagaraj@immigrationvoice.org
Naren has a Masters in Engineering from a US university and works as a Project Manager for a FORTUNE Top 10 Employer Company. Naren has had extensive global experience in business continuation, service delivery, as well as account management with leading Global corporations. Like several others, he is affected by retrogression. Naren is responsible for the Free Immigration Advice Program at IV (Au Gratis) and liaises with immigration attorneys as part of this role. His handle is sertasheep and he can be reached at sertasheep@immigrationvoice.org
Pratik has an MBA degree from a US university and MSc degree from India . He is currently working as a Marketing Consultant. He has worked with several companies in , Europe and US. His I-140 is in process and he will follow others in the queue to file I-485. The unavailability of Employment Based Visa's restricts him from making any kind of long term commitments. He can be contacted at pratik@immigrationvoice.org
Puneet is an Endocrinologist practicing in a major urban health care system located in an underserved area. He graduated from the All India Institute of Medical Sciences and has trained at NYU and the Mayo Clinic. He leads the Minnesota chapter of IV and is currently helping build the IV-Physicians chapter. He recently filed a National Interest Waiver, after USCIS finally accepted the eligibility of specialist physicians for the program. The delayed priority date however, means a long wait for a green card. He lives in the twin cities with his wife (who is pursuing a PhD) and their 3 year old daughter.His IV handle is 'Paskal'.
Rajatish Mukherjee is a Software Developer in one of the world's largest software companies. He came to US in the year 1999. In Mar 2005, his employer started his green card application; his labor certification is still pending at the Dallas Labor Backlog Center . He holds a Bachelors degree in Computer Science & Engineering from and a Masters in Computer Science from US. He is currently looking at another 4-6 years of waiting before he can file his I-485 and probably another 2 years after that to get the green card. In the meantime he cannot make any important decisions like investment commitments. Rajatish's id on Immigration Voice is mrajatish and he can be reached at raj@immigrationvoice.org
Xiheng is a software engineer helping develop trading platforms in the financial industry. He didn't want to be stuck in a position where he didn't see much career growth, especially hindered by a BEC'ed labor certification, and therefore, he joined a new company that sponsored his PERM application in the EB3 category. After witnessing the great efforts of Immigration Voice in May/June 2006, he decided on two things: 1) petition his employer to refile his PERM in EB2/China category, and 2) help Immigration Voicce out as he can. He hopes to help this organization with the paid membership drive initiative. His handle is xu1.
What are other boys doing in the team ? We need election guys. This is not Iran :-)
Aman Kapoor is the co-founder of Immigration Voice and is our liaison with other groups and agencies. Mr. Kapoor has been working in US for the last eight years. The prolonged employment-based immigration process has continued to hurt Mr. Kapoor�s career growth prospects. Mr. Kapoor possesses strong technical skills and has contributed in many high profile projects with large clients across the country. He has a Bachelors� degree in Engineering and is presently pursuing his MBA. His permanent residency application is being processed and the I-485 approval has been pending for more than 28 months. Mr. Kapoor and his family are now on third year EAD and continue to await approval of their Green Card application. Mr. Kapoor�s handle is WaldenPond and his email is aman@immigrationvoice.org
Himanshu is an advertising and design professional with Masters from a US university and undergraduate from a top Institute in India. He has an illustrious career working with leading companies has won numerous awards. His Green card application was stuck at the Backlog Elimination Center and after lot of wait, changed his employer, started his process all over again with a new PD. He is responsible for media, publicity and funding efforts of Immigration Voice. His ID on Immigration Voice is 'pappu' and can be reached at himanshu@immigrationvoice.org
Nagaraj is a Systems Analyst working in the health care industry for the past 5 years on a H-1 Visa. His tag on IV is indio0617. He has degrees in Physics and Computer Information systems from the University of Madras and University of Houston ,respectively. His Green card application is stuck in the Backlog Center with a pending labor certificate since February 2004. He can be contacted at nagaraj@immigrationvoice.org
Naren has a Masters in Engineering from a US university and works as a Project Manager for a FORTUNE Top 10 Employer Company. Naren has had extensive global experience in business continuation, service delivery, as well as account management with leading Global corporations. Like several others, he is affected by retrogression. Naren is responsible for the Free Immigration Advice Program at IV (Au Gratis) and liaises with immigration attorneys as part of this role. His handle is sertasheep and he can be reached at sertasheep@immigrationvoice.org
Pratik has an MBA degree from a US university and MSc degree from India . He is currently working as a Marketing Consultant. He has worked with several companies in , Europe and US. His I-140 is in process and he will follow others in the queue to file I-485. The unavailability of Employment Based Visa's restricts him from making any kind of long term commitments. He can be contacted at pratik@immigrationvoice.org
Puneet is an Endocrinologist practicing in a major urban health care system located in an underserved area. He graduated from the All India Institute of Medical Sciences and has trained at NYU and the Mayo Clinic. He leads the Minnesota chapter of IV and is currently helping build the IV-Physicians chapter. He recently filed a National Interest Waiver, after USCIS finally accepted the eligibility of specialist physicians for the program. The delayed priority date however, means a long wait for a green card. He lives in the twin cities with his wife (who is pursuing a PhD) and their 3 year old daughter.His IV handle is 'Paskal'.
Rajatish Mukherjee is a Software Developer in one of the world's largest software companies. He came to US in the year 1999. In Mar 2005, his employer started his green card application; his labor certification is still pending at the Dallas Labor Backlog Center . He holds a Bachelors degree in Computer Science & Engineering from and a Masters in Computer Science from US. He is currently looking at another 4-6 years of waiting before he can file his I-485 and probably another 2 years after that to get the green card. In the meantime he cannot make any important decisions like investment commitments. Rajatish's id on Immigration Voice is mrajatish and he can be reached at raj@immigrationvoice.org
Xiheng is a software engineer helping develop trading platforms in the financial industry. He didn't want to be stuck in a position where he didn't see much career growth, especially hindered by a BEC'ed labor certification, and therefore, he joined a new company that sponsored his PERM application in the EB3 category. After witnessing the great efforts of Immigration Voice in May/June 2006, he decided on two things: 1) petition his employer to refile his PERM in EB2/China category, and 2) help Immigration Voicce out as he can. He hopes to help this organization with the paid membership drive initiative. His handle is xu1.
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kingkon_2000
07-11 10:22 AM
My guess is that they moved the dates so that any one missed the train in jul 2007 will be able to file 485 and/or add spouses to the existing applications. Looks like it will remain there for some time atleast, may be till the year end.
NJOY Eb2 guys.
Now the Jul/07 filers will not receive 2 yrs EAD since the PD is current and there is very less chance that they will receive GC. So USCIS plays a good game.. they will have more chance next year to milk money from Jul07 filers as they will have to renew EAD/AP again next year...
NJOY Eb2 guys.
Now the Jul/07 filers will not receive 2 yrs EAD since the PD is current and there is very less chance that they will receive GC. So USCIS plays a good game.. they will have more chance next year to milk money from Jul07 filers as they will have to renew EAD/AP again next year...
more...
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webm
04-30 10:48 AM
TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
Let's hope for the best decision!!
------------------
EB3-I PD Oct,01,2001
485 RD-June,2007 (TSC)
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
Let's hope for the best decision!!
------------------
EB3-I PD Oct,01,2001
485 RD-June,2007 (TSC)
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9years
10-22 10:21 AM
Hi All,
How much time total process takes I think case by case. In my case it took around a year( from request to sponsor Eb2 to I-140 approval (premium processing). I had no perm auditing. I had no RFE on I-140. I filed my EB2 with the same employer.
Best of luck to all.
How much time total process takes I think case by case. In my case it took around a year( from request to sponsor Eb2 to I-140 approval (premium processing). I had no perm auditing. I had no RFE on I-140. I filed my EB2 with the same employer.
Best of luck to all.
more...
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addsf345
11-17 02:23 PM
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
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sanju_dba
08-12 02:40 PM
if the 2k fee is passed over to H1 employee, then , her/his quality of life is further compromised to degrad ( in this economy as pay hike is tough ). That means more cheap labor and more competition to locals ( if thats how senator see h1 are low paid than locals )
more...
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gondalguru
07-18 05:16 PM
Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.
How sure r u about this?? I think it is the other way around.
How sure r u about this?? I think it is the other way around.
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CADude
07-04 03:18 PM
Contact your Senator regarding unprecedented move by the Department of State.
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
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Sorry, can't make it to the rally due to prior commitments. All the best to all of us.
Sorry, can't make it to the rally due to prior commitments. All the best to all of us.
nk2006
10-17 02:47 PM
Hi,
I know you said Email is ok. Just trying to confirm.( because it's easy to send )
Thanks
Yes email is fine. If you can please also mail the physical letter - not sure which form of mail gets more preference at USCIS.
Thank you.
I know you said Email is ok. Just trying to confirm.( because it's easy to send )
Thanks
Yes email is fine. If you can please also mail the physical letter - not sure which form of mail gets more preference at USCIS.
Thank you.
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