delhiguy
07-09 08:39 PM
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
my 2 cents...
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
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bajrangbali
03-10 05:57 PM
Folks, no changes in PD can be taken in atleast some positive note:
USCIS may be pre-adjudicating the cases and getting them ready to approval when eventually the final quarter spill-over happens. I think they would do it in more orderly way this time having all this time to look over the pending cases and get a better idea of pending cases based on the priority date.
Dont lose heart!!!
USCIS may be pre-adjudicating the cases and getting them ready to approval when eventually the final quarter spill-over happens. I think they would do it in more orderly way this time having all this time to look over the pending cases and get a better idea of pending cases based on the priority date.
Dont lose heart!!!
pappu
12-28 10:56 PM
http://en.wikipedia.org/wiki/United_States_Permanent_Resident_Card#Other_Immigr ation_Sites
good effort.
Today I got a mail from a H1B person with German nationality and suffering due to green card issues. He is planning to go back to Germany. He found us through wikipedia.
Great work, keep it up. I hope more people contribute to this effort. Only a handful have participated and few have just suggested a link in their post instead of posting themselves on the sites.
It takes only 15 minutes to help!
If you dont know where to post, just google- 'desi forums' indian forums' 'immigration forums' 'desi classifieds' 'chineese forums' etc kind of keywords and you wll find plenty to get started.
All these efforts are small behind the scenes efforts for IV publicity and are very important for our visibility, awareness, membership drive and search engine rankings. You maybe an annonymous soldier in this effort but your effort will be useful. I hope more people help out with this idea.
good effort.
Today I got a mail from a H1B person with German nationality and suffering due to green card issues. He is planning to go back to Germany. He found us through wikipedia.
Great work, keep it up. I hope more people contribute to this effort. Only a handful have participated and few have just suggested a link in their post instead of posting themselves on the sites.
It takes only 15 minutes to help!
If you dont know where to post, just google- 'desi forums' indian forums' 'immigration forums' 'desi classifieds' 'chineese forums' etc kind of keywords and you wll find plenty to get started.
All these efforts are small behind the scenes efforts for IV publicity and are very important for our visibility, awareness, membership drive and search engine rankings. You maybe an annonymous soldier in this effort but your effort will be useful. I hope more people help out with this idea.
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nixstor
07-04 09:44 PM
Please stop posting this on every thread. In one line you are just spamming. We all visit Attorney Oh's website often. He does not need any publicity
immigration-law.com
07/04/2007: Status and Issues Involving July 2007 485 Fiasco
* The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
#
# We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:
* Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.
* Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
o Answer I: Obviously it would violate the rules and the laws.
o Answer II: It will constitue a serious security lapse, compromising the homeland security.
* Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
o Answer I: It is evident that the USCIS would violate the rules and the laws.
o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.
immigration-law.com
07/04/2007: Status and Issues Involving July 2007 485 Fiasco
* The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
#
# We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:
* Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.
* Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
o Answer I: Obviously it would violate the rules and the laws.
o Answer II: It will constitue a serious security lapse, compromising the homeland security.
* Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
o Answer I: It is evident that the USCIS would violate the rules and the laws.
o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.
more...
memyselfandus
09-20 11:07 AM
I have the domain...ready to transfer: if IV core needs it...
I was just checking the domain name availability. legalimmigrationvoice.com and .org got taken yesterday. Hopefully its the core or someone supporting member of IV.
I was just checking the domain name availability. legalimmigrationvoice.com and .org got taken yesterday. Hopefully its the core or someone supporting member of IV.
nozerd
01-27 10:47 AM
I went back and reread the July 2001 Bulletin.
How difficult would it be to lobby for extending the same logic for removing per country cap ? I am sure removing 7% cap would definitely help.
Also since EB3 World has a cut off does it mean that no visas will be left from the world pool which can be recaptured ?
How difficult would it be to lobby for extending the same logic for removing per country cap ? I am sure removing 7% cap would definitely help.
Also since EB3 World has a cut off does it mean that no visas will be left from the world pool which can be recaptured ?
more...
return_to_india
10-10 05:42 PM
It is unreasonable to carry a passport at all times when you are living here. What happens if you leave it behind in the grocery store by mistake or leave it in the cab or something? I think the issue reported by the OP is more relevant close to the border. Nobody asks for your passport in Vegas or Denver.
I would advise US govt. to build a system where officers can verify legality by checking the biometrics ( some handheld devices that connect to a DB ) , which should free up one to carry documents while on domestic travel. If biometrics cannot be found then proceed to grill on docs.
I would advise US govt. to build a system where officers can verify legality by checking the biometrics ( some handheld devices that connect to a DB ) , which should free up one to carry documents while on domestic travel. If biometrics cannot be found then proceed to grill on docs.
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chanduv23
11-14 10:44 AM
Dont take me wrong on this one... but If I am not wrong rajuram wants some one from her dis. to call her. Here is my experience in this week.
I called Zoe's Office recently but lady over phone told me to call my local lawmaker. She didnot give any detail on HR 5882. She told she is not aware of it right now. I went online to send email but I got this message when I put my zip code.
'Access to the requested form is denied, the zip code which you entered does not provide access to this form.'
We need some one from her district to call her office and find out.
We need support from california members on this one.
Rajuram can call his local office. Rajuram can energize base around him and lead a team. There are a lot of things Rajuram can do other than sit and give orders to others.
I called Zoe's Office recently but lady over phone told me to call my local lawmaker. She didnot give any detail on HR 5882. She told she is not aware of it right now. I went online to send email but I got this message when I put my zip code.
'Access to the requested form is denied, the zip code which you entered does not provide access to this form.'
We need some one from her district to call her office and find out.
We need support from california members on this one.
Rajuram can call his local office. Rajuram can energize base around him and lead a team. There are a lot of things Rajuram can do other than sit and give orders to others.
more...
mheggade
07-20 09:09 PM
You are right about the gov fiscal being Oct - Sep.
Even if the numbers you stated are for fiscal and not calendar years, there is still an error.
To illustrate my point, there are 2766 India-Approved PERM cases of FY2005 i.e. with PDs between 3/29/2005 and 9/30/2005 in the 2006 data sheets.
Therefore total PERM cases for Fiscal 2005 ~ > 4116
Unfortunately, the 2007 data sheets do not have the "Received Date" field - i'm guessing that is not entirely accidental on part of the DOL.
If you glance at the Job title column you would see there are unusually large number of certified case with title like "curry chef ,COOK, cashier, clerk, butcher, Automobile Mechanic". And Obviously they are not in EB2 Cat.
So the numbers will very less than your estimate.
Even if the numbers you stated are for fiscal and not calendar years, there is still an error.
To illustrate my point, there are 2766 India-Approved PERM cases of FY2005 i.e. with PDs between 3/29/2005 and 9/30/2005 in the 2006 data sheets.
Therefore total PERM cases for Fiscal 2005 ~ > 4116
Unfortunately, the 2007 data sheets do not have the "Received Date" field - i'm guessing that is not entirely accidental on part of the DOL.
If you glance at the Job title column you would see there are unusually large number of certified case with title like "curry chef ,COOK, cashier, clerk, butcher, Automobile Mechanic". And Obviously they are not in EB2 Cat.
So the numbers will very less than your estimate.
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qplearn
11-24 11:02 AM
Ok. This is new to me. Can someone confirm if this is true? Is there any link that supports this?
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
more...
Libra
09-10 12:09 PM
no, not those people, but my guess many people who are working for desi companies like me defenitely feel this way.
SO LET'S GO TO DC.
Are you saying that whoever is happy in their job without a GC is in a closet or jail?
SO LET'S GO TO DC.
Are you saying that whoever is happy in their job without a GC is in a closet or jail?
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leoindiano
03-17 10:18 AM
Porting cases needs more research and with USCIS performance, you can say that it may have little impact on 2004 cases. The substitution cases filed in July are of 2005 and after cases. 2003 and 2004 cases all substituted before and i believe that is what created this mess for you and me.
more...
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GCKaMaara
03-12 12:27 PM
gckaMara.... i love u for volunteering me for doing something.... not sure what..... but that's ok.....
btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....
I made it very clear even in past. I am more rational kinda guy. I want to know where my money is spent at high level - no details. I know its against IV policy. So I admire what IV is doing, I appreciate donor only forum but not contributing yet. May be I am wrong being too hard to be convinced. I will think over.
n.b.: Yes, I do follow all action items including calling and faxing. I think everybody does this so needless to mention.
btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....
I made it very clear even in past. I am more rational kinda guy. I want to know where my money is spent at high level - no details. I know its against IV policy. So I admire what IV is doing, I appreciate donor only forum but not contributing yet. May be I am wrong being too hard to be convinced. I will think over.
n.b.: Yes, I do follow all action items including calling and faxing. I think everybody does this so needless to mention.
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canleo98
06-30 11:10 PM
http://immigrationportal.com/announcement.php?f=190&a=95
It is possible. Such an action would be illegal, but CIS has already stopped accepting I-485 applications for another category known as “Other Workers,” despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing. Regards to all. Rajiv.
__________________
Rajiv S. Khanna; Law Offices of Rajiv S. Khanna
It is possible. Such an action would be illegal, but CIS has already stopped accepting I-485 applications for another category known as “Other Workers,” despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing. Regards to all. Rajiv.
__________________
Rajiv S. Khanna; Law Offices of Rajiv S. Khanna
more...
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andy garcia
09-10 12:15 PM
Only if you plan to remain in the U.S. permanently and you don't like the fact that you'll have to wait for many years without the ability to get a salary raise or promotion, without your spouse being able to work (if you have one) and being forced to leave the U.S. immediately if you get laid off.
If you are perfectly happy with your H1-B job and planning to stay in the U.S. only temporarily, then no, you are not in a jail or closet. But 99% of us are.
I have been here for 8 years and I do not have the option of going back to my country like you guys from India. I applied for my 485 2 years ago and my son and wife are working already.
When I was on H1, I was happy with the company. It seems that people who are using the sponsor company as a tool to get the GC are the ones complaininf the most about.
If you are perfectly happy with your H1-B job and planning to stay in the U.S. only temporarily, then no, you are not in a jail or closet. But 99% of us are.
I have been here for 8 years and I do not have the option of going back to my country like you guys from India. I applied for my 485 2 years ago and my son and wife are working already.
When I was on H1, I was happy with the company. It seems that people who are using the sponsor company as a tool to get the GC are the ones complaininf the most about.
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belmontboy
03-21 04:38 PM
Unless you have clearly written promise that they will apply for GC, you cannot fight in court. Secondly, even if they did give you in writing, there is no time limit on when they can file.....they can effectively file labor a month before 6th year of H1 and have you out of status and therefore layed off.
Taking advantage of employees by making insincere promises is not illegal, but is unethical.
It's good to know about these companies so that other's don't end-up with the same problem.
Taking advantage of employees by making insincere promises is not illegal, but is unethical.
It's good to know about these companies so that other's don't end-up with the same problem.
more...
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pappu
04-05 11:52 AM
One more day to go before the end of this campaign.
Here is another incentive to make these call:
I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.
I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!
http://immigrationvoice.org/forum/showthread.php?p=56064#post56064
Please join this campaign
Here is another incentive to make these call:
I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.
I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!
http://immigrationvoice.org/forum/showthread.php?p=56064#post56064
Please join this campaign
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neoneo
09-26 09:31 PM
---
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
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crystal
07-02 10:00 AM
Currently Active Users: 1800 (489 members and 1311 guests)
Most users ever online was 1,801, Today at 09:58 AM.
Most users ever online was 1,801, Today at 09:58 AM.
perm2gc
01-18 06:20 PM
http://www.immigrationforum.com/forums/index.php?showtopic=1990
sprash
02-02 02:46 PM
Hmm I'm still not sure I follow.
(Sorry if this a newbie question)
So if I was laid off and I was working on an EAD, all I need is a letter from any company saying they are hiring me 6 months from now for a salary comparable to that in my LC (with similar job responsibilities etc) and I would be covered in case of an RFE similar to mine?
Wouldn't that be so easy to get?
(Sorry if this a newbie question)
So if I was laid off and I was working on an EAD, all I need is a letter from any company saying they are hiring me 6 months from now for a salary comparable to that in my LC (with similar job responsibilities etc) and I would be covered in case of an RFE similar to mine?
Wouldn't that be so easy to get?
