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  • smuggymba
    08-23 08:07 AM
    Has this been implemented or will be implemented soon?




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  • guest1978
    08-02 04:01 PM
    This is great news!!

    Ooops, i missed this in my original post. This is true for Nebraska service centre.
    I am not sure about the other service centre. Sorry dudes.




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  • nyte_crawler
    04-25 05:25 PM
    Seriously it is impossible to change anything with the back-dated 100k applications. The only thing that could be done is help the future immigrants in a much better fashion. The only solution I see is, apply this rule after 1/1/2006. By applying this rule to back-dated applications will only create more chaos. Why would anybody would want to change the line again, because it is a different situation now. I would'nt. If that is the case, then USCIS should withdraw all their approved out-of-line GCs during 2004, atleast the retrogression will not be this bad. The best idea would be to wait and see if the current bill makes it out to the president with all the amendments included. That should relieve some or most of the retrogression.




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  • WeShallOvercome
    07-05 01:52 PM
    Good job pcs !!

    I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!



    I met the local office of my Congressman with the following documents to make it easy & simple..

    A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )

    A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.

    Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July

    Above was good enough to convince them regarding the mess & they promised action on their part..

    IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS

    NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION

    This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.

    I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date



    Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.

    Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony


    Since your butt is on fire like mine.... I do not think I need to convince you to act on this


    Best wishes



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  • kshitijnt
    04-30 03:59 PM
    Aytes basically gave a message, if you legislate we will slow it down through administration.

    He doesnt want to be bothered.




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  • scorion
    12-28 03:08 PM
    We applied on 8th Aug for AP; Got receipts with receipt date of 13th Sep from NSC. I got my AP approved on 14th Nov. but we are waiting on My wife's AP since. Haven't received it.

    So we are planning to get our H1/H4 stamped and travel without AP. My Lawyer thinks it shouldn't be a problem

    Thanks



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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,




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  • gc28262
    03-05 08:15 AM
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    .................................................. ............................................
    Generally Numbers dont lie (except Satyam) and I havent heard anything in Congress that may be remotely close to passing that may change the landscape for EB folks and therefore am guessing that they have not really been intimated on any urgent action to be done within next few months for something looming.

    Who knows, maybe Obama is preparing for CIR 2009 now. Before CIR he maybe planning to push all legal EB cases. Remember July 2007 fiasco happened in the backdrop of CIR 2007.

    My guess.



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  • CHHAYA
    09-01 01:56 PM
    Landed in Aug/2001 on H1B
    Changed Employer in Apr 2002
    Filed Labor May 03
    Labor Approved in 06
    Filed I-140 and approved in late 06
    Filed I - 485 in 07
    Surviving on EAD.




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  • kittu1991
    09-11 12:05 PM
    Contributed $100 using google checkout.
    Transaction Num: #705956299363142.



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  • Jaime
    09-13 12:36 AM
    bump




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  • edgarrecto
    12-26 06:25 PM
    i filed advance parole maybe august 10,2007, until now status check says pending.



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  • abhishek101
    09-08 11:38 AM
    Similar law exists in UK if you are on workpermit for 5 years you automatically get Permanent residency.




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  • pani_6
    08-13 06:35 PM
    New Action Item for EB-3



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  • yabadaba
    07-20 08:54 AM
    Clinton - Nay

    i guess after the money she got from the iit alumni she decided it was enuff support for this time

    what r u guys in california doing?

    boxer- nay
    feinstein- nay

    flood them with calls people

    at least my senators down south voted - yea!




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  • vik352
    09-11 04:17 PM
    This sounds like a great idea. It conveys our message and is funny which is why it will be picked up by media, that is exactly what we need. I am in.



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  • lazycis
    11-20 01:11 PM
    Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
    See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
    http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
    EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.

    See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:

    http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html

    "The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."




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  • snathan
    02-09 09:45 PM
    Morally it is right to send money to parents, but legally it is not. As you can strive but, you wont be fair to either set of parents. Hence I believe "money" should not be sent to parents. Your parents should have planned their own future, including humanitarian needs. Only if your other half agrees, then only you should send money. Otherwise, it is your and your spouse's money

    I really feel sorry for your parents and your family. I dont have anything else to say. Good luck.




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  • sidbee
    03-17 07:36 PM
    Looks like IRS is not going to give us back 1200$ as part of the stimulus package,which they were planning to earlier.

    Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html


    Basic Information on the Stimulus Payments

    Updated March 14, 2008 � new 1040A-3 package

    You've heard about it. Now find out how to get yours.

    What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.

    Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.

    Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.

    Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.

    Dont make news , which is not true.




    kuhelica2000
    09-14 11:15 AM
    A lot of people had applied in EB3 since EB3 was current for a fairly long time and their lawyers suggested them to do so to avoid additional documentation. Many of these people could have applied in EB2 as they had the required qualification including me (US masters). Just like you could have applied in EB1 since you have a Ph.D; but you decided to apply in EB2.

    The catagory on which a person applies for greencard doesn't necessarily reflect his/her capability or intelligence. After all, if Michael Dell or Bill Gates had to apply for green card they had to apply in EB3. On the other hand, a lot of EB2 filers just fabricated their resumes with years of experience to qualify for EB2. But that shouldn't overcast shadows on real EB2 peoples ability.

    I don't know from where you got your Ph.D but it definitely didn't inprove your ability to think rationally as evident in your post.

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    I would have been approved by then...

    Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.




    adhantari
    07-06 10:56 AM
    funding problem.... IV has around 450K in assets...........



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