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.
*************************
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santb1975
06-21 03:58 PM
you rekindled our hopes on this funding drive
another 100$ from IL
PayPal Receipt ID: 70125366SU56XXXXX
GO IV!!!!
another 100$ from IL
PayPal Receipt ID: 70125366SU56XXXXX
GO IV!!!!
champak3
06-27 07:53 PM
This is a real selfish forum, I will never participate in any phone campaigns here on. To me I see no reason why should I be calling for others if noone can call for our issue too.
I again urge people on this forum to please call / email the DOL asking why such a difference between two processing center.... I mean all those who have approved labor. We still have people at backlog center... I am ready to campaign for them or any other person .... But want check out if this is a real community or just selfish hoax forum ....
I again urge people on this forum to please call / email the DOL asking why such a difference between two processing center.... I mean all those who have approved labor. We still have people at backlog center... I am ready to campaign for them or any other person .... But want check out if this is a real community or just selfish hoax forum ....
2011 house A cute little heart
jonty_11
07-06 11:22 AM
Just a thought that there are other anti immigrant groups also visiting our website. We are frustrated and angry but all these comments that we are writing are also read by other people and will be used against us to make things harder. Also the general feeling is that American people dont really care or want to understand about GC. For them especially groups like NumberUSA etc want us out. So please stop feeding ideas into people's head without knowing facts. Assumptions are not facts.
Totally concurr...Just follow ur heart and IV.....
Go IV go!!
here is Oh Law firms take on NYT report - sorry if its a repost
========================
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge.
Totally concurr...Just follow ur heart and IV.....
Go IV go!!
here is Oh Law firms take on NYT report - sorry if its a repost
========================
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge.
more...
ramus
07-06 01:29 PM
Why USCIS suddenly did this press release? Something fishy?
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
Humhongekamyab
06-11 12:42 PM
Instead of ruining our life running after GC, here are few options
1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
2) cash out your investments and move to India. you might end up back in US on L1 :)
3) since some of us have had babies here, wait till they can sponsor you.
i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.
Let's stop wasting our time and pages on ALTERNATIVES (Canada, Australia, India, or timbaktu). Those who are serious about the alternatives just opt for those. We are here to fight our case for increased visa numbers and lets do that.
1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
2) cash out your investments and move to India. you might end up back in US on L1 :)
3) since some of us have had babies here, wait till they can sponsor you.
i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.
Let's stop wasting our time and pages on ALTERNATIVES (Canada, Australia, India, or timbaktu). Those who are serious about the alternatives just opt for those. We are here to fight our case for increased visa numbers and lets do that.
more...
greyhair
08-12 11:13 AM
Why is the senator backtracking from "chop shop" comment ? Here is why
Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)
What difference does it make? Whatever he calls it, the law still means the same. Indian companies should know better than that. I mean if this is their best defense then god help consulting companies.
Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)
What difference does it make? Whatever he calls it, the law still means the same. Indian companies should know better than that. I mean if this is their best defense then god help consulting companies.
2010 (p.s. Isn#39;t that little heart
villamonte6100
03-31 02:58 PM
Dude, easy, take care of your heart, you might get a heartattack.
They have processed millions of applications and GCs already.
I am as frustrated as you are, but I am sure they have a system and management in place. Call it crappy or not.
Their objective is to provide service to the customers, we are their customers, we are giving them exorbitent amount of money as fees. I don't know of any other Organization/Company who provides as crappy service as they do, what would you call their management then ???
They have processed millions of applications and GCs already.
I am as frustrated as you are, but I am sure they have a system and management in place. Call it crappy or not.
Their objective is to provide service to the customers, we are their customers, we are giving them exorbitent amount of money as fees. I don't know of any other Organization/Company who provides as crappy service as they do, what would you call their management then ???
more...
kevinkris
07-14 03:28 PM
As i noticed that i haven't added FIVE for my wife.. so updated it to 10$
Thanks kevinkris
Thanks kevinkris
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kanaihya
09-13 11:59 AM
Just now contibuted USD 100.00..sorry could not contribute a big amount..under a huge debt now...may be in future..
PayPal Confirmation Number: 06B71369TE645612G
thanks
PayPal Confirmation Number: 06B71369TE645612G
thanks
more...
Eb3_frustrated
04-25 02:55 PM
learining01
Good thing you are doing and not talking, but lot of members are giving good suggestions, like contacting Professors who attended the Hearing this morning in the judiciary commitee meetings. Isnt that a new idea that was brought about only today...
We need more ideas and more action as we go along.
...not people running around with sticks trying to exert power or whatever they think they are doing..I mean grow up man..learn to deal with people
Good thing you are doing and not talking, but lot of members are giving good suggestions, like contacting Professors who attended the Hearing this morning in the judiciary commitee meetings. Isnt that a new idea that was brought about only today...
We need more ideas and more action as we go along.
...not people running around with sticks trying to exert power or whatever they think they are doing..I mean grow up man..learn to deal with people
hot Little Heart Tattoo by
ska_iit
09-12 12:52 PM
Hi IV members,
Thanks for all the work and effort put into making the life of many simple.
Just made a small contribution from my side
Details
$100 from paypal Receipt ID: 0140-0216-9540-2146
Thanks
-Ska
Thanks for all the work and effort put into making the life of many simple.
Just made a small contribution from my side
Details
$100 from paypal Receipt ID: 0140-0216-9540-2146
Thanks
-Ska
more...
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tinamatthew
07-24 12:03 PM
my own guess..with all these random approvals and stuff happening i am guessing that the PD for eb3 india would be in late 2003 (dec 2003) or early 2004 like jan/feb 2004...
Let's hope for the best
Let's hope for the best
tattoo heart tattoo
yabadaba
02-18 05:04 PM
No we are not. I work for a company which has only filed two PERM since it was incorporated. Nice to know our priority date is same. Stay in touch - let's see if they approve our applications around the same time. All the best.
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
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
more...
pictures small heart tattoo.
scottsmith
09-15 03:33 PM
Very well said there are ppl like "GCTest", that will start this thread try to divide the whole community instead of supporting HR 5882 & calling all the Committee Members.
There are people that used
1> Labor substitution
2> Worked in LC backlogged state like CA, NY, TX etc but filed in fast moving states like Maine, NH etc..
3> Applied in EB2 when their job requirements wasn't really EB2.
4> Made up five years of experience so as to apply for EB2.
5> Packaged NIIT diploma et al as masters..
Then there are others Who applied in EB2 because they had a masters or genuine experience AND their job demanded EB2. Also people, irrespective of their categories, toiled at BECs.
I would be a bit skeptical about folks that filed EB2 thru a body-shopper or a consulting company. It doesnt mean that EB3s are holier-than-thou and hasnt resorted to fraud.
My point is, the whole system is biased against people who follow the rules.
Unless you play the system ( using the points mentioned above), you have to wait and wait and wait..
At this point, its hard to find out who belonged to the former category and who belonged to the later. Do you think people would come forward and accept?
-Peace
G
There are people that used
1> Labor substitution
2> Worked in LC backlogged state like CA, NY, TX etc but filed in fast moving states like Maine, NH etc..
3> Applied in EB2 when their job requirements wasn't really EB2.
4> Made up five years of experience so as to apply for EB2.
5> Packaged NIIT diploma et al as masters..
Then there are others Who applied in EB2 because they had a masters or genuine experience AND their job demanded EB2. Also people, irrespective of their categories, toiled at BECs.
I would be a bit skeptical about folks that filed EB2 thru a body-shopper or a consulting company. It doesnt mean that EB3s are holier-than-thou and hasnt resorted to fraud.
My point is, the whole system is biased against people who follow the rules.
Unless you play the system ( using the points mentioned above), you have to wait and wait and wait..
At this point, its hard to find out who belonged to the former category and who belonged to the later. Do you think people would come forward and accept?
-Peace
G
dresses little heart tattoos
optimystic
09-10 09:36 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Good points.
However ...
How many visa numbers will get recaptured if 5882 gets approval and how soon (within this FY09 ? )
How many pending applications are there?
How many new ones accumulating every year?
Are there enough recaptured visas to cover all?
Agreed that with more visa numbers, and no potential threat to wastage of visa numbers, USCIS has no incentive nor tricky cards to play to justify their random approval bursts.....but will that be enough to prevent them from doing so, just because they can? I mean this is USCIS we are talking about.....Even with laws/memos/rules already in place, they are violating them left and right....
Whats to say that they won't try to reassure people that they don't have to worry about out of order processing because
- there are enough visa numbers for all.
- Though people may see delays, they will eventually all get their GCs
- Its faster and easier if they just grab the first box that is on the top of the pile, and approve cases from there rather than spending very limited resources they have to try to dig thru the boxes to find the cases with oldest PD.
- It will just be a minor inconveneince to the applicants...Their waiting times would drastically reduce from several years to only couple of years.
Would that be acceptable to us then?
If they say every body will be current, with free job movement due to EADs, and every body will get GC within 2-3 years absolutely. PERIOD. Just no gaurantees of FIFO processing. --- Would that be acceptable to us then?
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Good points.
However ...
How many visa numbers will get recaptured if 5882 gets approval and how soon (within this FY09 ? )
How many pending applications are there?
How many new ones accumulating every year?
Are there enough recaptured visas to cover all?
Agreed that with more visa numbers, and no potential threat to wastage of visa numbers, USCIS has no incentive nor tricky cards to play to justify their random approval bursts.....but will that be enough to prevent them from doing so, just because they can? I mean this is USCIS we are talking about.....Even with laws/memos/rules already in place, they are violating them left and right....
Whats to say that they won't try to reassure people that they don't have to worry about out of order processing because
- there are enough visa numbers for all.
- Though people may see delays, they will eventually all get their GCs
- Its faster and easier if they just grab the first box that is on the top of the pile, and approve cases from there rather than spending very limited resources they have to try to dig thru the boxes to find the cases with oldest PD.
- It will just be a minor inconveneince to the applicants...Their waiting times would drastically reduce from several years to only couple of years.
Would that be acceptable to us then?
If they say every body will be current, with free job movement due to EADs, and every body will get GC within 2-3 years absolutely. PERIOD. Just no gaurantees of FIFO processing. --- Would that be acceptable to us then?
more...
makeup little heart tattoos.
Refugee_New
08-26 10:32 AM
I'm looking for homeloan options in India. Which bank would be good to apply for home loans.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
Never goto ICICI bank. Only crooks and criminals are working there. No ethics and only inhuman treatment. My friend took a home loan from this bank and he is suffering now.
just avoid this bank.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
Never goto ICICI bank. Only crooks and criminals are working there. No ethics and only inhuman treatment. My friend took a home loan from this bank and he is suffering now.
just avoid this bank.
girlfriend Heart Tattoo Outline.
ajju
09-04 12:28 PM
Had anybody have to send Driving License for filing extention of h1b?
I am not understanding if sending DL is an issue or your concern is just over why USCIS is even asking for it?? USCIS does lot of things in unexpected way.. so I won't be surprised...
I am not understanding if sending DL is an issue or your concern is just over why USCIS is even asking for it?? USCIS does lot of things in unexpected way.. so I won't be surprised...
hairstyles a little heart tattoo on
nosightofgc
07-14 10:19 PM
Just Contributed $20.
wandmaker
06-04 09:22 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."
Zappy, thank you for your generosity and support for IV.
Wakeup Folks
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."
Zappy, thank you for your generosity and support for IV.
Wakeup Folks
immivjj
09-09 10:41 PM
Just contributed $200.
Google order: #752574347294392
Google order: #752574347294392
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