Thursday, June 16, 2011

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  • perm
    07-20 04:09 PM
    this is not over

    2. Durbin was the man again...that derailed us.

    can't expect anything better from him. i had sent an fax to him for some drive and he replied back with his propanganda of no child left behind of something like that.




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  • ItIsNotFunny
    03-04 05:14 PM
    After reading all these, got curious and checked status of my cases online after a year. I got a soft lud on my, my wife & son's case on 02/25. Something is definitely happening.




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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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  • prashanthg
    09-10 05:06 PM
    I guess the reason for moving back eb2 I dates is strategic. Since they have the whole year to use the 140 K visas, they might be trying to start the year conservatively, trying to honor FIFO.

    The aggressive movement of dates in last quarter was ONLY to prevent the visa number wastage.


    I think the reason for the retrogression in EB2-I is obvious.
    There are only 800 visas available for EB2-I for any given quarter (remember the 7% country quota). The spill overs from EB2-ROW and EB1 start only after few months.

    EB2-I will move after the DOS looks at the unused visa numbers from EB2-ROW and EB1, hope fully next quarter.

    There are no spill overs into EB3-I, so it won't move any time soon.

    Note: I am not commenting on USCIS approving cases with later dates before older priority dates.



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  • dval_dpal
    12-12 08:53 AM
    I have refinanced with Wells Fargo without any issues. If you need more details, please PM me.


    your help would be helpful....

    i'm also doing refinance with wellsfargo...(submit I-140, EAD)

    they r asking for Green card...

    If i send I-485 receipt now, would it be enough???

    thank you




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  • bobzibub
    04-01 04:48 PM
    I'm not saying we don't have rights, but what you are asking are the internal workings of a government agency.

    You can't even vote. You can't even just change employers without hassle. You can't even just leave the country and come without proper documents. You can't even apply for a student loan. You can be deported any time you have a problem. You can't even renew your driver's license without showin proof of proper residency.

    Even with GC your rights are still not as good as a US citizen.

    Yes we do have rights.

    But the government is only answerable to a certain level. You cannot ask for information of the internal workings of a government. That's not going to happen.

    We are the USCIS's customers. They wouldn't exist without us. We have a right to make sure that they are being run effectively and efficiently. They have a responsibility to be transparent in their operations, because without that transparency there can be no accountability.

    I don't believe that asking about government processes is beyond our rights. Sure we may not be US citizens, but if an American was in my country being given the run-around by a government organization in my country, I would expect that my country would answer their questions too.



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  • sam2006
    09-13 12:02 PM
    Thank You wolfsappi kanaihya

    as Promised
    My 100$
    Confirmation Number: 5X810871WS2653XXX


    Remember
    ITS NOW OR NEVER




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  • black_logs
    01-11 11:39 AM
    1 point we should make to the lawmakers is to make an administraive change to give 3 years extensions and abolish 1 year extensions. As 1 year extensions are not suffecient a very solid case can be presented for that case.
    1) Driver license, lit of state doesn't give DLs if you have less than 1 year left on Visa
    2) H1B Extension is taking 4-6 months
    3) No Visa stamping in U.S.
    The problem are just too many we need a proper channel to raise our voice to them



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  • Golf Courses of the PGA Tour by George Peper, John John. Item Photo


  • ramus
    07-18 02:19 PM
    Lets keep working on this thread... We had 5000 new members joined IV.. Now we know what IV can do and is capable of doing.

    Now IV has delivered and its our time to deliver.

    Lets keep this thread alive...

    Everybody do 2 important things.

    1) Make recurring contributiong.
    2) Ask other to do it now.



    Thank you all.




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  • needhelp!
    05-28 05:44 PM
    Thanks for your contribution. Please join us also in calling the important list of representatives: http://immigrationvoice.org/forum/showthread.php?t=19339

    Contributed $100 and ready to volunteer...
    Receipt ID: 1265-7063-2043-8518



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  • pappu
    08-12 10:57 AM
    Senate just passed the border bill which also applies the new 50-50 rule with additional fee for companies having employees on H1/L1 visa.

    The bill is now headed for President's signature for making this the law of the land.




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  • chandsri81
    04-25 08:52 AM
    Hi

    I just applied for a mortgage from BOA. The loan officer did not recognize what AOS was and asked me for an H1B - which has expired.

    I explained about AOS and EAD and told her I could give the I-485 receipt, and she took in my application.
    But I'm worried that my loan will be denied after underwriting - my closing is on 5/26 and I probably will not hear from the bank until second week of may.

    Does anyone know of Banks in MA that give loans to EAD?

    Chandana



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  • Green.Tech
    05-23 03:19 PM
    Keep the contributions coming guys! These bills are a golden opportunity for us...We don't want IV to stop short of funds on its efforts, do we?




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  • santb1975
    05-22 01:31 AM
    We have several bills that are being discussed to provide releif for all of us stuck in the Green Card process. We have very few dedicated volunteers working very hard and knocking the doors of representatives across the country seeking support for our bills. We need to lobby hard to get releif for all of us in this election year and lobbying is not cheap. We need dollars to keep up our lobbying efforts. We need help with raising dollars that are needed to keep working for our cause. We do not have Star Players and/or Star Athletes raising funds to support our cause. We need to do it ourselves. We all need to come together as a dedicated team with a mission to raise the targeted dollar amount. Can we do it?. Can we all step up and raise the dollars we need for our cause?.

    Yes we can. Let's do it

    Click on Contribute Now (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) to make a contribution

    Want to donate an amount not listed on the contributions page?. Login to paypal and send in your desired contribution to donations@immigrationvoice.org

    Made a contribution already?. Get your friends to make a contribution as well



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  • senk1s
    09-25 08:28 PM
    i think AC21 doesnt impose a limit on the number of hops ...




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  • addsf345
    11-24 03:36 PM
    Here is the link to USCIS AC21 memo from 5/30/2008:
    http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf

    it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).

    However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?



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  • ramus
    07-06 12:45 PM
    Look at total members on IV now - 1259.. This thread will keep going..




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  • ThinkTwice
    07-20 10:07 AM
    Did you know that Aman Kapoor the founder of IV has contributed $64000 of his personal money towards the efforts of IV? Yes that is correct Sixty Four Thousand USD. http://www.businessweek.com/bwdaily/...eek+exclusives
    I was dumbfounded when I first found this out. The man must have real conviction, courage and belief in himself and this effort to do such a selfless act and I am not even talking about the hours and hours of time, mental energy, physical stress and emotional capital he must have invested into OUR effort and I am not talking about all that because that is immeasurable and there is not much we can do to repay all that back but apart from being for ever indebted there is something we can do.
    We can reach for our wallets and repay IV core members who have contributed selflessly to OUR cause.
    Every one of us has benefited in some way or the other because of our association to IV and who do we have to thank but the core team who have put so much on the line for OUR cause.
    Please join in this effort to reimburse the expenses incurred by IV core to fight for OUR cause. Join http://immigrationvoice.org/forum/showthread.php?t=10708




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  • chanduv23
    05-15 10:16 PM
    Maybe someone that has had to go through this can respond.

    When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?

    I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?


    Depends on ur employer. Usually after AC21 - it is obvious that there is no fee involved and many companies hire you after ac21 because they do need to deal with stuff like this.

    Your employer ONLY needs to give a letter as per the AC21 rule and thats it.




    Kodi
    06-19 10:06 AM
    Can we come up with a standard letter that we could all use?




    geevikram
    04-29 03:47 PM
    Just called Senator Mitch McConnel's(R-KY) office. They were receptive to our message. Also, I was told that Senator is taking messages and has NOT taken a stand yet. Will post more if I call more people.



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