DDLMODES
07-06 10:47 AM
Hello DDL/DML,
Please dont say anything against anyone without understanding the point.
Who the hell gave you the right to twist my statement and personally attacking me as "anti immigrant" ?? Where i have said that reversal of 20 K GC will help us ??
My simple point is the whole USCIS process is broken and that needs to be improved and rationalized . Now you/me/an immigrant can't initiate that process. The push has to come from influential CITIZENS who we call Senators , Congress Man/Women, House Representatives and so on so forth.
For them to take a step they need push from american peoples. You know why CIR has failed - the senator phone lines were jammed , Talk radio was blasting Bush , Kennedy for doing behind the door deals.. that's why...
Your/my opinion never stalled CIR - its american citizens who stalled it.
Unless citizens see a good reason to overhaul USCIS process where the push would come from ??
You want them to be accountable for the fast approval of the GC in June/July which means they need to revert the decision and give visas back.
Isn't that the whole idea behind this discussion ?
Otherwise, why would you point out that the process is broken when something good happens and they work faster ?
You are questioning that they used up all the visas so they can make all categories available.
Anti-immigrant I called you because you are using arguments that ONLY hurt us.
Please dont say anything against anyone without understanding the point.
Who the hell gave you the right to twist my statement and personally attacking me as "anti immigrant" ?? Where i have said that reversal of 20 K GC will help us ??
My simple point is the whole USCIS process is broken and that needs to be improved and rationalized . Now you/me/an immigrant can't initiate that process. The push has to come from influential CITIZENS who we call Senators , Congress Man/Women, House Representatives and so on so forth.
For them to take a step they need push from american peoples. You know why CIR has failed - the senator phone lines were jammed , Talk radio was blasting Bush , Kennedy for doing behind the door deals.. that's why...
Your/my opinion never stalled CIR - its american citizens who stalled it.
Unless citizens see a good reason to overhaul USCIS process where the push would come from ??
You want them to be accountable for the fast approval of the GC in June/July which means they need to revert the decision and give visas back.
Isn't that the whole idea behind this discussion ?
Otherwise, why would you point out that the process is broken when something good happens and they work faster ?
You are questioning that they used up all the visas so they can make all categories available.
Anti-immigrant I called you because you are using arguments that ONLY hurt us.
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mayitbesoon
01-22 11:42 AM
does anyone know the timeframe of receipt date being processed for I-140 at TSC?
easygoer
06-25 02:50 PM
I called Rep Lamar Smith office. The lady who picked up the phone asked me we are getting lot of calls. She asked me are you in supprot of the bill? I told her yes. I also told her that I am having master's degree from USA. My children are top student but may not get admission in some of NJ medical college just because we did not get GC since last 7 years. So we need help from Rep Lamar Smith to make USA more competitive. She also wanted to know that from where I was calling.
She told me that she will convey the message to Rep Lamar Smith.
She told me that she will convey the message to Rep Lamar Smith.
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kaisersose
07-20 01:36 PM
The important thing is, not all BEC cases are alive today. Most people moved on to PERM. On the flip side, some newbies took advantage of substituted Labor, but I am guessing the count is not very high.
So if we have 150K BEC + 144K PERM, then in reality, the total 485 primary applicants will be < (150K + 144K).
More like 200K, I would think. Including spouses and foreign born kids, the number would be 400K (as not all primaries are married).
Add some more applicants from eb1, etc., who do not require Labors and the number should not exceed half a million in total including dependants. But again, we are speculating. In reality, the total may be less than half a million or more.
Assuming DOS and USCIS are efficient and use up all 140K visas each year, all of us should have GCs in < 4 years. The per country quota may cause some trouble, which may require adjusting the timeframe a little bit, but not much.
So if we have 150K BEC + 144K PERM, then in reality, the total 485 primary applicants will be < (150K + 144K).
More like 200K, I would think. Including spouses and foreign born kids, the number would be 400K (as not all primaries are married).
Add some more applicants from eb1, etc., who do not require Labors and the number should not exceed half a million in total including dependants. But again, we are speculating. In reality, the total may be less than half a million or more.
Assuming DOS and USCIS are efficient and use up all 140K visas each year, all of us should have GCs in < 4 years. The per country quota may cause some trouble, which may require adjusting the timeframe a little bit, but not much.
more...
Green.Tech
05-25 10:10 PM
Please contribute!
sheela
09-28 07:38 PM
[QUOTE=JunRN;175492]They are working overtime for it, hopefully 24 hours as well.
Let us hope like on july 2nd week-end (when they worked on sat-sun to make 60,000 visa numbers available and adjucated even when name checks were not cleared for many applicants) these guys are working the same way this weekend ......
Let us hope like on july 2nd week-end (when they worked on sat-sun to make 60,000 visa numbers available and adjucated even when name checks were not cleared for many applicants) these guys are working the same way this weekend ......
more...
SkilledWorker4GC
07-15 12:14 PM
^^^^^
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vgayalu
06-01 09:55 AM
My PD : 10/04. I got 45 days letter in May last week as per attorney.
My attorney is Stupid . She never gives any information and says it is the property of employer( Even LIN numbers)
I don't know when they can approve my labour.
:confused:
My attorney is Stupid . She never gives any information and says it is the property of employer( Even LIN numbers)
I don't know when they can approve my labour.
:confused:
more...
kopra
05-02 09:43 AM
yes...it would have been nice if we got the stimulus pakage with this situation of spouse on H4/ITIN. I called my congresswomen and wrote a letter to IL Senator(obama) to let her/him know this issue. I dont expect any action, but since they are aware of this situation, may be next time when they give this pakage( may be 10 years from now) they will include H4's
Many H1s like me have their non-working spouses on H4 visa who are not given SSNs. Do we not pay taxes ? Do we not pay Social security ? We do, and therefore we should also be eligible for the Stimulus package. Indeed my son is autistic and disabled but we are not eligible for any kind of aid but we pay tons of taxes and social security. It is highly non-justified think. I know people will argue a lot if it is compared to slavery. But it is a "modern form of slavery". Yes, we are in this country with our own will but that is what they are making use of.
Many H1s like me have their non-working spouses on H4 visa who are not given SSNs. Do we not pay taxes ? Do we not pay Social security ? We do, and therefore we should also be eligible for the Stimulus package. Indeed my son is autistic and disabled but we are not eligible for any kind of aid but we pay tons of taxes and social security. It is highly non-justified think. I know people will argue a lot if it is compared to slavery. But it is a "modern form of slavery". Yes, we are in this country with our own will but that is what they are making use of.
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saiju
07-21 02:43 AM
Any possibility for getting this amendment again, so that the core members can make an action plan on this.
Also is there any chance for new amendment like this in the near future.
Also is there any chance for new amendment like this in the near future.
more...
sroyc
07-11 01:25 PM
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
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ItIsNotFunny
03-05 01:23 PM
Same here my friend.
2005 & 2006, not to undermine your situation but to be honest, you guys are way behind in queue. Your cases will be touched soon but let 2001, 2002, 2003 & 2004 get some consolation first :)
2005 & 2006, not to undermine your situation but to be honest, you guys are way behind in queue. Your cases will be touched soon but let 2001, 2002, 2003 & 2004 get some consolation first :)
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yabadaba
11-15 02:30 PM
^^^^
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sheela
10-25 09:13 PM
NK2000:
Thanks a ton for this great job. I will mail out today
Some crazy fellow gave me RED for my above posting and joining this compaign.
I will still urge people to join this to the benefit of all those on /planning to use AC21.
Thanks a ton for this great job. I will mail out today
Some crazy fellow gave me RED for my above posting and joining this compaign.
I will still urge people to join this to the benefit of all those on /planning to use AC21.
more...
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hopefullegalimmigrant
01-07 02:58 PM
The agony is understandable. Even I set my vacation based on an anticipatory AP receipt. I even asked around what are the various methods for accountability that we can hope for but one one seemed to respond excpect for one or two members.
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amsgc
06-05 10:25 PM
Lets make it happen folks!
more...
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addsf345
11-19 01:26 PM
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
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Desichakit
07-11 09:51 AM
This appears to be half the battle won for EB2 as it has to translated into actual approval. Also we must be mindfull of EB3 retrogression and must not lose sight of it in this Euphoria.
EB2-I-Jan08
EB2-I-Jan08
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immig4me
05-14 09:11 AM
Don't wait any longer
Everyone must call
Thank You for helping Yourself
CALL Call call call Call CALL
Everyone must call
Thank You for helping Yourself
CALL Call call call Call CALL
user1205
06-10 01:38 PM
The state chapters don't seem to be very effective.
I thought I was a member of the CA chapter but in the last few months I received no information from anybody in this chapter.
I was semi-active, meaning I helped with phone calls, money and prints and that's as much as I could do at this point in time.
And at some point there was a discussion about a new user group of only the people that are active and can contribute and it seems they went through with it.
I understand that some things might be better discussed in a smaller group with the people that can dedicate more time, but there are different levels of commitment and if you're not open and accept that some want to help but can't do as much as others, you're cutting yourself short.
When there is a big initiative or a push for funds and effort, you're not even reaching out to the bigger group; you're relying on the same small number of people and they too have limited resources and energy and will get tired.
Maybe I�m just having a bad day but that was my experience and CA is one of the most active chapters so maybe all is well I�m an isolated case.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
I thought I was a member of the CA chapter but in the last few months I received no information from anybody in this chapter.
I was semi-active, meaning I helped with phone calls, money and prints and that's as much as I could do at this point in time.
And at some point there was a discussion about a new user group of only the people that are active and can contribute and it seems they went through with it.
I understand that some things might be better discussed in a smaller group with the people that can dedicate more time, but there are different levels of commitment and if you're not open and accept that some want to help but can't do as much as others, you're cutting yourself short.
When there is a big initiative or a push for funds and effort, you're not even reaching out to the bigger group; you're relying on the same small number of people and they too have limited resources and energy and will get tired.
Maybe I�m just having a bad day but that was my experience and CA is one of the most active chapters so maybe all is well I�m an isolated case.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
desi485
11-26 01:19 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.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
***********
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.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
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