HV000
09-28 11:43 PM
Can all of us at least send a joint request/letter to Rep Lofgren to ask USCIS to formalise a procedure for re-capture of visa numbers?I guess USCIS can do this without any senate approvals.At least ,this will decrease retrogression a little.Any major reform looks unlikely anyways till year 2009...
2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
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lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
saimrathi
07-12 10:34 AM
Where did you get your DL renewed? Which state? :confused:
As someone else pointed out, if you don't drive will he/ she won't get a H1B?
This does not make sense.
I just renewed my DL in and BMV did not even ask for my visa/ passport validity and they issued me 5 years renewal (my visa expires in Oct 2008).
I can understand that based on your visa expiry date, BMV may issue only limited time DL.
I know each state has jurisdiction on these matters but there should be basically similar approach.
As someone else pointed out, if you don't drive will he/ she won't get a H1B?
This does not make sense.
I just renewed my DL in and BMV did not even ask for my visa/ passport validity and they issued me 5 years renewal (my visa expires in Oct 2008).
I can understand that based on your visa expiry date, BMV may issue only limited time DL.
I know each state has jurisdiction on these matters but there should be basically similar approach.
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fromnaija
06-01 03:18 PM
That means your son is also able to file 485, right? In that case he will not age out once an AOS is submitted for him. I am assuming your 140 will be approved before he turns 21.
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
more...
indio0617
03-09 11:30 AM
Guys:
I think they have closed for today. Will meet again, next Wednesday, Thursday ( as per Sen Specter) to discuss more amendments....
I think they have closed for today. Will meet again, next Wednesday, Thursday ( as per Sen Specter) to discuss more amendments....
desi chala usa
07-11 09:22 AM
I know many people have their priority dates current since past few months but still they are waiting for I-485 approval. Hope this should not be scam to issue the EAD for only a year instead of two years.
Almost two years jump is unbelievable specially we know big numbers of Perms filed during 2005 and mid of 2006.
Almost two years jump is unbelievable specially we know big numbers of Perms filed during 2005 and mid of 2006.
more...
santb1975
06-04 01:49 PM
Thanks for your contribution
I Contributed $ 100.00 Now.
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Thanks,
I Contributed $ 100.00 Now.
Receipt # 4674-1281-7879-3812
Thanks,
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husamymd
01-03 04:30 PM
I am a July 27th filer, got email that AP approved Dec 20th. Not recieved it physically yet.
more...
oliTwist
08-12 03:09 PM
Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.
Does anyone know such a bootlicker getting EB1c based GC? I wonder what a smart aleck that guy must been. There was a piece on NYT about India's penchant with lines and cutting lines by the uppity mongers..:D
Does anyone know such a bootlicker getting EB1c based GC? I wonder what a smart aleck that guy must been. There was a piece on NYT about India's penchant with lines and cutting lines by the uppity mongers..:D
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scorion
01-04 06:32 PM
I talked to my lawyer and she says I can travel without AP as long as H visa is stamped. I just found Press Release on same topic from USCIS. Here is the link
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
more...
singhsa3
09-12 10:10 AM
Hi Bawa,
Your idea is good to but please be also open to other ideas. You don't know what will fail or pass. The prime objective is to attract media attention, in other words "give them something to talk about". What flower campaing did last year was exactly that...Can we achieve the same thing with Book or Calculators or Clock or Poster, we need to figure that out!
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
Your idea is good to but please be also open to other ideas. You don't know what will fail or pass. The prime objective is to attract media attention, in other words "give them something to talk about". What flower campaing did last year was exactly that...Can we achieve the same thing with Book or Calculators or Clock or Poster, we need to figure that out!
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
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eagerr2i
07-06 02:12 PM
The USCIS automated line for Priority dates is still playing the PD's for June 2007 showing that EB-3 India cut off June 1st 2003 etc..
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
more...
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GOTGC
07-24 08:08 AM
March 2003!!??u were current in June.
If u applied 485 in June 07 u might have already been alloted a visa number...Call uscis to find out...A nicer IO may give u some details abt your case
Priti..
How can he get a visa number alloted(I suppose you mean he could have got approval)..NO WAY they can approve a person who applies in June.. Do you think they can approve 485 without Biometrics.NameCheck,Security checks etc.. Please do not provide wrong info and rise false hopes in people who already suffered a lot
If u applied 485 in June 07 u might have already been alloted a visa number...Call uscis to find out...A nicer IO may give u some details abt your case
Priti..
How can he get a visa number alloted(I suppose you mean he could have got approval)..NO WAY they can approve a person who applies in June.. Do you think they can approve 485 without Biometrics.NameCheck,Security checks etc.. Please do not provide wrong info and rise false hopes in people who already suffered a lot
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vbkris77
12-10 04:17 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
more...
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p1234
09-13 07:39 PM
and which is why people are giving me reds! :D
I'm going to give you a green!
I'm going to give you a green!
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zappy
06-04 08:59 AM
I got my GC couple of weeks ago and IV has been like a true supportive friend throughout my long wait for this day.
As a way to 'celebrate' my GC, made a Contribution of $500.00 via PayPal.
"This email confirms that you have paid Immigration Voice (donations@immigrationvoice.org) $500.00 USD using PayPal."
As a way to 'celebrate' my GC, made a Contribution of $500.00 via PayPal.
"This email confirms that you have paid Immigration Voice (donations@immigrationvoice.org) $500.00 USD using PayPal."
more...
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americandesi
11-29 02:00 PM
Can anyone outline the advantages/disadvantages of Sole Proprietorship vs. LLC for a single individual who plans to provide website designing/development services for companies in/outside US?
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Raju
08-05 09:47 AM
In continuation to my posting from the previous thread (http://immigrationvoice.org/forum/showthread.php?t=20598), I have made some changes to the draft letter based on the comments received from few members. Now I have two versions of the same letters, one for TSC petitioners and other for NSC petitioners. This letter addresses the delay in processing of I-140 petitions at TSC & NSC.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):
1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.
Please feel free to post any questions or clarifications you need before mailing this letter.
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):
1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.
Please feel free to post any questions or clarifications you need before mailing this letter.
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
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qualified_trash
05-31 01:51 PM
Fermat's Last Theorem will be proved before anyone can come up with an explanation for the functioning of the BECs.
akhilmahajan
07-15 08:46 PM
Total So far 1660.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
COME ON FOLKS HELP IV HELP YOURSELF.
COME ON FOLKS HELP IV HELP YOURSELF.
ANGEL
07-30 02:24 AM
Hey all,
hope you guys have visited the IV physicians blogspot.It is very good.One of the bloggers mentioned about supporting such a move, but the question is how do we start.I myself is technlogically challenged so we have to get the expertise of the IT people.I think we should start now.
hope you guys have visited the IV physicians blogspot.It is very good.One of the bloggers mentioned about supporting such a move, but the question is how do we start.I myself is technlogically challenged so we have to get the expertise of the IT people.I think we should start now.
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