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.
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sunty
11-11 09:37 AM
vin13,
This just beats me..Why was the conference call idea for such an important issue floated only in the Donor Forum. Fine, the Donors pay and they deserve to have some information. But if you need bigger participation from IV members, the conf. call idea should have been in the General Forum as well....
Anyways, can this still be arranged ? I would love to be a part of that in any possible way. Please let me and all the other members know.
This just beats me..Why was the conference call idea for such an important issue floated only in the Donor Forum. Fine, the Donors pay and they deserve to have some information. But if you need bigger participation from IV members, the conf. call idea should have been in the General Forum as well....
Anyways, can this still be arranged ? I would love to be a part of that in any possible way. Please let me and all the other members know.
laborchic
09-19 10:51 AM
We should change our name to Legal Immigration Voice..
2011 biuld the F-14A aswell.
justAnotherFile
07-24 05:57 PM
.. there should definitely be some policy interpretation at the discretion of the USCIS
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
more...
h1techSlave
02-04 09:07 PM
We need to prepare a nice letter and a set of points for discussion with law makers.
We can send the letter to all law makers a week before our visit. During the visit we can talk about some specific points, which we need to prepare in advance.
We can send the letter to all law makers a week before our visit. During the visit we can talk about some specific points, which we need to prepare in advance.
greencardfever2007
04-04 06:51 AM
I think this Bill will die like 2006 SKIL bill.
more...
mdubbaka
03-17 02:37 PM
MY PD is Sep 2002. Filed in July 2007.
2010 net/store/f14a-tomcat-vf84
kaisersose
03-07 04:16 PM
Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.
When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.
This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.
When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.
This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.
more...
onemorecame
10-15 01:18 PM
any one got approval after submitting recent RFE?
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ramus
07-03 10:47 PM
Do you know even to come to site and get some info also need money..
Not to hurt you but just giving one small example of why we need money...
That is a valid concern veerug brought up and it would be great if the IV core team can list how IV will complement AILF during this lawsuit.
I understand that it may not be the right time since even now AILF is in the process of identifying a strategy and IV team may not have had time to detail this yet. But, it would help if there is a sticky with this info,probably in the same sticky that pappu posted, URGENT IV Message: Lawsuit and other update, so everyone can understand the motivation and the action items for this.
Regarding the media drive,I believe that we have a better chance of getting more attention if we can get information on the scandal info that USCIS might have gone the extra mile to revoke July bulletin availability dates.
Thanks for this portal for everyone to get organized on immigration issues.
Amar
Not to hurt you but just giving one small example of why we need money...
That is a valid concern veerug brought up and it would be great if the IV core team can list how IV will complement AILF during this lawsuit.
I understand that it may not be the right time since even now AILF is in the process of identifying a strategy and IV team may not have had time to detail this yet. But, it would help if there is a sticky with this info,probably in the same sticky that pappu posted, URGENT IV Message: Lawsuit and other update, so everyone can understand the motivation and the action items for this.
Regarding the media drive,I believe that we have a better chance of getting more attention if we can get information on the scandal info that USCIS might have gone the extra mile to revoke July bulletin availability dates.
Thanks for this portal for everyone to get organized on immigration issues.
Amar
more...
mpadapa
07-01 04:31 PM
Online petition is a great idea. But what will it accomplish?? Ultimately all those questions have to addressed in the form of a bill and that needs to be passed in the Congress. Is it a coincidence, we already have a bill HR5921 addressing those questions raised by OP All we need to do is channel our energy to make this bill along with the other Rep. Lofgren bills a success.
IV is already raising all those questions mentioned in the petition with the lawmakers. So what is new in this petition?
IV is already raising all those questions mentioned in the petition with the lawmakers. So what is new in this petition?
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hemal555
01-23 11:43 AM
Hi Varsha,
Is there any schedule for the ongoing conf call?
Also, please let me know if there are any guidelines about what we need to talk when calling senators.
Thanks,
Hemal
Is there any schedule for the ongoing conf call?
Also, please let me know if there are any guidelines about what we need to talk when calling senators.
Thanks,
Hemal
more...
house F-14a Tomcat;Air Zoo Stock
swede
09-19 02:33 AM
Thank you IV and all volunteers that made this rally happen. It was very well organized and I really enjoyed being part of it!!
I really liked Murthy's speech. Short and to the point. "Legal" is the key.
I also liked Mark's little comedy act.
(Wish more would have shown up to show their support, but I guess some people are content waiting 10 or more years for their GC.)
Suggestions for improvement to next time:
1. I liked that the Chinese group joined the rally, but I didn't like their speaker. He was only talking about Chinese and Indian joining forces, and then making some kind of joke about IC chips are only made by Indians and Chinese. It's ok if you want to be an Indian/Chinese-only group, it is your choice. But if you want to change something about your green cards, you will fail with that attitude. You need to attract and change things for EVERYONE, or no one will listen to you. (If you want IV to be for everyone, IV needs to be more clear on that. There are so many Indians on the forums that ppl might think it is only for Indians.)
2. Minor things... Good job on the signs(!), but there were too many of them. Half would be enough. People had trouble focus on them.
Also, keep the message short. Max a few words. No one can, in a few seconds, read a moving sign containing 4 lines of text with 5 words on each, on an unknown subject. The poor people who tried to read them looked like near-sighted old men. Short and big letters is better. "Shorter wait for legals"
rather than
"Reduce the backlog for highly-skilled legal immigrants so we can live the American dream and not wait for 10 years"
But all in all, I was amazed how well everything was planned. The state flags was a nice touch. Flowers too. Water for the participants. Great! Even the nice DC cops blocking the roads for us seemed very happy with us. Following the law is what legals do...
I really liked Murthy's speech. Short and to the point. "Legal" is the key.
I also liked Mark's little comedy act.
(Wish more would have shown up to show their support, but I guess some people are content waiting 10 or more years for their GC.)
Suggestions for improvement to next time:
1. I liked that the Chinese group joined the rally, but I didn't like their speaker. He was only talking about Chinese and Indian joining forces, and then making some kind of joke about IC chips are only made by Indians and Chinese. It's ok if you want to be an Indian/Chinese-only group, it is your choice. But if you want to change something about your green cards, you will fail with that attitude. You need to attract and change things for EVERYONE, or no one will listen to you. (If you want IV to be for everyone, IV needs to be more clear on that. There are so many Indians on the forums that ppl might think it is only for Indians.)
2. Minor things... Good job on the signs(!), but there were too many of them. Half would be enough. People had trouble focus on them.
Also, keep the message short. Max a few words. No one can, in a few seconds, read a moving sign containing 4 lines of text with 5 words on each, on an unknown subject. The poor people who tried to read them looked like near-sighted old men. Short and big letters is better. "Shorter wait for legals"
rather than
"Reduce the backlog for highly-skilled legal immigrants so we can live the American dream and not wait for 10 years"
But all in all, I was amazed how well everything was planned. The state flags was a nice touch. Flowers too. Water for the participants. Great! Even the nice DC cops blocking the roads for us seemed very happy with us. Following the law is what legals do...
tattoo 160926/AJ-112 is an F-14A
saatiish
07-13 10:02 AM
Here is the source ....
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Alternatively go to --> Visa Bulletin (http://travel.state.gov/visa/bulletin/bulletin_1360.html)
Click "Operation of the Numerical Control Process "
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Alternatively go to --> Visa Bulletin (http://travel.state.gov/visa/bulletin/bulletin_1360.html)
Click "Operation of the Numerical Control Process "
more...
pictures F-14A Usn Naval Fighter Weapon
leoindiano
02-18 08:25 PM
I dont think it will be passed. They included so many things initially. After discussion they will drop the thing one after another.
There are two sections related to us.
TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
TITLE VII--EMPLOYMENT-BASED IMMIGRATION
If this bill passed then it will create one grand huge backlog for all countries and for all category of immigration. WHY?? Because for Title V they will ask for proof and then again finger printing for FBI check and I dont know home many paper work. If they simply increase the GC #s it will work for us. We already have completed the paper work and standing in Q.
Agree,
this is such a waste if it passes. I am sure there will be another application like (I-420). Another Q you will have to stand in and wait...wait...wait...
There are two sections related to us.
TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
TITLE VII--EMPLOYMENT-BASED IMMIGRATION
If this bill passed then it will create one grand huge backlog for all countries and for all category of immigration. WHY?? Because for Title V they will ask for proof and then again finger printing for FBI check and I dont know home many paper work. If they simply increase the GC #s it will work for us. We already have completed the paper work and standing in Q.
Agree,
this is such a waste if it passes. I am sure there will be another application like (I-420). Another Q you will have to stand in and wait...wait...wait...
dresses Нет на складе F-14A Томкэт
mallu
02-17 01:03 AM
.... African slaves in US didn't become free because they fought with their owners. They became free since President Lincoln decided that slavery had gone on a bit too long.
...
A better example would have been the civil rights movement by Dr. King .
...
A better example would have been the civil rights movement by Dr. King .
more...
makeup F-14A.
ramaonline
04-22 04:05 PM
I attended the meeting and was there until 6:30 pm - The latinos were present in full strength, and some were distributing handouts to oppose the STRIVE bill.
The banners put up by illegal immigrants were more prominent than the lone banner which one of our members had brought. One banner was for the bill and another against the bill.
Our members asked a few questions, but the majority were posed from the illegal immigrant community and was about raids, deportation, family etc. Regardless, Title V is what matters to us and if the bill passes, Title V passes so we must support the bill as this is the only bill other than SKIL which addresses issues facing legal immigrants. In case the bill runs into a roadblock I hope the congressman can take Title V out of the bill and introduce a new bill for legal immigrants.
The Congressman also said he has the support of 180 democrats in the House and it takes 218 members to get the bill passed. He requested us to call local republican congressmen/women & get their support for the bill.
Note that this bill also allows u to file ead/485 even if a visa number is not available by paying an extra $500.
Check this link for the title 5 text
http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.1645
The banners put up by illegal immigrants were more prominent than the lone banner which one of our members had brought. One banner was for the bill and another against the bill.
Our members asked a few questions, but the majority were posed from the illegal immigrant community and was about raids, deportation, family etc. Regardless, Title V is what matters to us and if the bill passes, Title V passes so we must support the bill as this is the only bill other than SKIL which addresses issues facing legal immigrants. In case the bill runs into a roadblock I hope the congressman can take Title V out of the bill and introduce a new bill for legal immigrants.
The Congressman also said he has the support of 180 democrats in the House and it takes 218 members to get the bill passed. He requested us to call local republican congressmen/women & get their support for the bill.
Note that this bill also allows u to file ead/485 even if a visa number is not available by paying an extra $500.
Check this link for the title 5 text
http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.1645
girlfriend Grumman F-14A Tomcat Diecast
nomi
12-11 04:12 PM
I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
http://www.americanlaw.com/aos.html
I think this act is not the applicable one.
So I think we are still green to discuss this. Do you interpret the same?
so let`s see what does core team `s opinion about it ?? Core Team, please throw some light on it.
Thx.
http://www.americanlaw.com/aos.html
I think this act is not the applicable one.
So I think we are still green to discuss this. Do you interpret the same?
so let`s see what does core team `s opinion about it ?? Core Team, please throw some light on it.
Thx.
hairstyles Revell 1/144 - F-14A Tomcat -
GC_SUCK
08-15 11:03 PM
I am wondering what part RD will paly in this new visa bulletin. In may case, I have PD of April 2002 (EB3-ROW) but RD of March 2007.
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
va_217
01-18 11:24 AM
same happened to me in Elpaso airport longtime back, I guess when you are coming from Mexico they do that.
but no questions asked it was normal
thanks
but no questions asked it was normal
thanks
sands_14
09-27 09:56 AM
I got I485 receipt and FP notice last month.
I got my fingerprinting done in september .
After talking to my lawyer,I finally applied for my EAD and AP online.
I got the EAD receipt 2 days back (very quick I guess) and now I have received another FP notice based on EAD notice.
Is there some error?Do I have to go again for Fingerprinting???Anyone knows something?
sands_14,
This is quite common. I had the same thing happened. Even I have E-filed my EAD/AP last week. The way how it works is, since it is a post box USPS leaves the notice in there for all the deliveries. Once in a day, someone from USCIS picks those notices from the post box, goes to USPS and collects all the packages. Check your status back on Monday evening, it will say delivered.
I got my fingerprinting done in september .
After talking to my lawyer,I finally applied for my EAD and AP online.
I got the EAD receipt 2 days back (very quick I guess) and now I have received another FP notice based on EAD notice.
Is there some error?Do I have to go again for Fingerprinting???Anyone knows something?
sands_14,
This is quite common. I had the same thing happened. Even I have E-filed my EAD/AP last week. The way how it works is, since it is a post box USPS leaves the notice in there for all the deliveries. Once in a day, someone from USCIS picks those notices from the post box, goes to USPS and collects all the packages. Check your status back on Monday evening, it will say delivered.
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