nullpointergc
06-08 06:22 PM
You broke my heart. My kid is 5 yrs old so more wait for me.
The rate at which USCIS is denying H1B, L1 Extensions it seems people who in In process for.
PERM
140
485 might have to wait for sometime in the following manner.
EB 2- PD 2001 - Wait till 2012
EB 2- PD 2002 - Wait till 2015
EB 2- PD 2003 - Wait till 2017
EB 2- PD 2004 - Wait till 2020
EB 2- PD 2005 - Wait till 2023
EB 2- PD 2006 - Wait till 2026
EB 2- PD 2007 - Wait till 2028
EB 2- PD 2008 - Wait till 2031
EB 3- PD 2001 - Wait till 2015
EB 3- PD 2002 - Wait till 2019
EB 3- PD 2003 - Wait till 2024
EB 3- PD 2004 - Wait till 2028
EB 3- PD 2005 - Wait till 2032
EB 3- PD 2006 - Wait till 2036
EB 3- PD 2007 - Wait till 2040
EB 3- PD 2008 - Wait till 2044....not sure how many will be alive to receive their GC...anway it is worth a wait....
I have a 12 yr old ...and mine is EB3 - 2007 ...I think my son who will be 43 by 2040 will get me perm residency.....
The rate at which USCIS is denying H1B, L1 Extensions it seems people who in In process for.
PERM
140
485 might have to wait for sometime in the following manner.
EB 2- PD 2001 - Wait till 2012
EB 2- PD 2002 - Wait till 2015
EB 2- PD 2003 - Wait till 2017
EB 2- PD 2004 - Wait till 2020
EB 2- PD 2005 - Wait till 2023
EB 2- PD 2006 - Wait till 2026
EB 2- PD 2007 - Wait till 2028
EB 2- PD 2008 - Wait till 2031
EB 3- PD 2001 - Wait till 2015
EB 3- PD 2002 - Wait till 2019
EB 3- PD 2003 - Wait till 2024
EB 3- PD 2004 - Wait till 2028
EB 3- PD 2005 - Wait till 2032
EB 3- PD 2006 - Wait till 2036
EB 3- PD 2007 - Wait till 2040
EB 3- PD 2008 - Wait till 2044....not sure how many will be alive to receive their GC...anway it is worth a wait....
I have a 12 yr old ...and mine is EB3 - 2007 ...I think my son who will be 43 by 2040 will get me perm residency.....
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pcs
11-12 05:16 PM
First step... all of us send two letters each to USCIS / Dept of State....
Please suggest the name and address asap......
Next step, after 1st Jan we seek help from court to address this issue...
Please suggest the name and address asap......
Next step, after 1st Jan we seek help from court to address this issue...
Chicago Desi
03-18 06:10 PM
Welcome to the wonderful world of prejudice, ignorance and stereotyping.
Sorry if this is offtopic but can someone explain to me who banned me and why? I didn't write anything offensive or abusive, and I didn't insult anybody. I was just discussing the issues I read in another forum.
If it is my handle, you don't like, well my name is Tawlibann Foggs (it is Celtic name, and quite rare but I like it). My friends call me Taliban jokingly (I know it may not be funny to all of you, and I didn't like it at first, but I can't stop people), so that's why the handle was 'taliban'. I hope that answers your questions, and I mean no harm to anyone.
I thought this forum was open to everybody to express their opinions and discuss relevant issues without insulting others. If you're going to keep banning me, please just let me know that I'm not welcome, and I'll leave. I thought Immigration Voice and its forum was open to all EB immigrants. I was even intending to become a contributing member, but now I'm kind of lost. Am I not supposed to post here? Is there something I missed?
Sorry if this is offtopic but can someone explain to me who banned me and why? I didn't write anything offensive or abusive, and I didn't insult anybody. I was just discussing the issues I read in another forum.
If it is my handle, you don't like, well my name is Tawlibann Foggs (it is Celtic name, and quite rare but I like it). My friends call me Taliban jokingly (I know it may not be funny to all of you, and I didn't like it at first, but I can't stop people), so that's why the handle was 'taliban'. I hope that answers your questions, and I mean no harm to anyone.
I thought this forum was open to everybody to express their opinions and discuss relevant issues without insulting others. If you're going to keep banning me, please just let me know that I'm not welcome, and I'll leave. I thought Immigration Voice and its forum was open to all EB immigrants. I was even intending to become a contributing member, but now I'm kind of lost. Am I not supposed to post here? Is there something I missed?
2011 Tags: snake psp wallpaper
virald
07-18 09:49 AM
What is meant by "Rejected" here?
-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)
Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.
I contacted my attorney but so far no reply. Will update all of you.
I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks
Rejection means -- packets opened, and, returned as reject because dates not current.
I am also convinced that, if one has not gotten the package back, the person should be okay. But, just want to get the confirmation that we will be okay proactively rather than waiting.
I'll post as soon as I find out from my lawyer.
-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)
Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.
I contacted my attorney but so far no reply. Will update all of you.
I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks
Rejection means -- packets opened, and, returned as reject because dates not current.
I am also convinced that, if one has not gotten the package back, the person should be okay. But, just want to get the confirmation that we will be okay proactively rather than waiting.
I'll post as soon as I find out from my lawyer.
more...
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.
delhiboy
12-17 11:34 PM
Just need a place to vent and share my frustration with this system.
I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.
Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.
I do hope we see some miracle in 2007.
I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.
Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.
I do hope we see some miracle in 2007.
more...
sapota
08-15 05:39 PM
Surprised by visa bulletin mentioning cutoff dates for EB1, EB2 & EB3 ROW & philipines instead of U.
Does this mean EB1, EB2 & EB3 ROW cases are not backlogged ? (i.e USCIS approved all it could on July1st 2007 but still visa numbers left?)
Or were these cases waiting for FBI check so could not use up visa numbers??
Either way, in a month or so (after all July VB cases are entered into database, USCIS would know its true backlog). Wish it would announce such a backlog number and make realistic predictions for when cases will be approved.
Given the recent announcement from whitehouse regarding expedited FBI checks, maybe there is some light at the end of the tunnel.
But hey, lets keep pushing, we dont want hope to be a mirage do we.
Edit/Delete Message
Does this mean EB1, EB2 & EB3 ROW cases are not backlogged ? (i.e USCIS approved all it could on July1st 2007 but still visa numbers left?)
Or were these cases waiting for FBI check so could not use up visa numbers??
Either way, in a month or so (after all July VB cases are entered into database, USCIS would know its true backlog). Wish it would announce such a backlog number and make realistic predictions for when cases will be approved.
Given the recent announcement from whitehouse regarding expedited FBI checks, maybe there is some light at the end of the tunnel.
But hey, lets keep pushing, we dont want hope to be a mirage do we.
Edit/Delete Message
2010 central park wallpaper.
alterego
09-20 07:55 PM
In addition to family based immigration, legal immigration includes asylum, refugees (with a special category for Iraqi refugees) and may be more!
You forgot the weirdest one..................the diversity green card!:)
You forgot the weirdest one..................the diversity green card!:)
more...
chanduv23
02-22 10:23 AM
Guys,
We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.
We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".
HELP IV HELP YOU.
We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.
Come on guys, you can do better than this. Donors, members, guests - we are all in this together!
VA/MD/DC members, please come forward to host members from out of town. Help them to reduce costs!
Members who have accumulated airmiles, please come forward to donate them.
Members living in neighboring states to DC (or at least at a driving distance) find friends/members to car pool with you to the event.
Members who have unavoidable situations at work or home and cannot participate, help fellow members to bear the costs, please donate to their trip. They are willing to take the time off, and will be representing you and your state. Why not help them?
If you decide that you will support this effort, you will find a way to help. Anything else is just an excuse! Sorry, to say this, but that is just a fact!
Anu - I seriously think that, if IV is not getting at least 5% members interested in stuff there is no point in beating the dead horses. Looks like most people are interested only in the discussion forums and nothing else.
Very few people are motivated and I feel bad that people who want to bring change for the good are not getting enough support.
In my opinion, IV must help people who sincerely and genuinely want to help themselves and not waste time doing social service to a selfish section of the crowd. I suggest that IV become a profit organization and let people keep ranting and discussing their stuff if they are willing to pay for the services and fun. IV does not have to spend time and money and effort and stress out trying to ask selfish people to help themselves.
We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.
We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".
HELP IV HELP YOU.
We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.
Come on guys, you can do better than this. Donors, members, guests - we are all in this together!
VA/MD/DC members, please come forward to host members from out of town. Help them to reduce costs!
Members who have accumulated airmiles, please come forward to donate them.
Members living in neighboring states to DC (or at least at a driving distance) find friends/members to car pool with you to the event.
Members who have unavoidable situations at work or home and cannot participate, help fellow members to bear the costs, please donate to their trip. They are willing to take the time off, and will be representing you and your state. Why not help them?
If you decide that you will support this effort, you will find a way to help. Anything else is just an excuse! Sorry, to say this, but that is just a fact!
Anu - I seriously think that, if IV is not getting at least 5% members interested in stuff there is no point in beating the dead horses. Looks like most people are interested only in the discussion forums and nothing else.
Very few people are motivated and I feel bad that people who want to bring change for the good are not getting enough support.
In my opinion, IV must help people who sincerely and genuinely want to help themselves and not waste time doing social service to a selfish section of the crowd. I suggest that IV become a profit organization and let people keep ranting and discussing their stuff if they are willing to pay for the services and fun. IV does not have to spend time and money and effort and stress out trying to ask selfish people to help themselves.
hair requiem for a dream wallpaper.
deepimpact
09-10 01:53 PM
If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
more...
amsgc
07-04 07:53 PM
Ramba - Excellent post!
The lawsuit will bring to light some irregularities, and will probably encourage USCIS to be more responsible.
But the way out of our misery is still congressional intervention - increase in visa numbers, skill bill, or additional provisions for people with an approved immigrant petition.
The lawsuit will bring to light some irregularities, and will probably encourage USCIS to be more responsible.
But the way out of our misery is still congressional intervention - increase in visa numbers, skill bill, or additional provisions for people with an approved immigrant petition.
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downthedrain
02-03 01:21 PM
Please read my post again.
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
desi3933, Sorry I am a little confused, I have been working for the same company for last 8 years and I am continuing with them. I substituted on another approved labor when filing I140 from the same company. So there is no future job for me, it is the current job.
Thanks for your advise again
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
desi3933, Sorry I am a little confused, I have been working for the same company for last 8 years and I am continuing with them. I substituted on another approved labor when filing I140 from the same company. So there is no future job for me, it is the current job.
Thanks for your advise again
more...
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angelfire76
09-28 04:33 PM
Having worked for short periods of time in Germany and Netherlands, I would say that they very much make you feel that you are a foreigner, you can never fit in and are most unwelcome in the country. What irked me is the attitude that they will take your money gladly but don't want you there.
In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:
Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?
I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.
In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:
Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?
I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.
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h1techSlave
03-17 01:55 PM
People with PD having DEC 2003 and before will have fair chance as well.
Are you saying EB3-India visa date will be set as Jan 2004 by USCIS some time soon? I thought they kept saying that EB3-India dates would move very slowly only. So from the current Oct 2001 to Jan 2004 is a very long and narrow road.
Are you saying EB3-India visa date will be set as Jan 2004 by USCIS some time soon? I thought they kept saying that EB3-India dates would move very slowly only. So from the current Oct 2001 to Jan 2004 is a very long and narrow road.
more...
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BharatPremi
03-07 09:23 AM
It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..
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Jbpvisa
07-12 11:01 PM
http://www.murthy.com/chertoff_murthy.html
July 12, 2007
VIA FEDERAL EXPRESS
Michael Chertoff, Esq.
Secretary
Department of Homeland Security
RE: USCIS Decision to Reject I-485 Filings
Dear Mr. Chertoff:
It was a pleasure and an honor to meet with you and to share my views during your panel discussion at the Harvard Worldwide Congress June 15, 2007 in Washington, D.C. I understand and appreciate that the responsibility vested in you as the Secretary of the U.S. Department of Homeland Security is no simple task. We applaud your service to our nation. After meeting with you personally and speaking with you, I am more convinced than ever that you will do the right thing for our country and for the people you serve, both in terms of securing our nation and in being the leader of the DHS, with over 20 federal agencies reporting to you, including the USCIS.
Purpose of this Letter
I am writing to you at this time to address recent actions by the USCIS to refuse to accept I-485 adjustment of status filing during July 2007 that are having significant impact upon the reliability of the legal immigration system in this country, as well as impacting legal foreign nationals and the many U.S. businesses that rely upon the work they perform.
USCIS Decision Contradicts its Long Standing Procedure
In contradiction of its own long standing policy and procedure, we understand that the USCIS, through its Director Gonzalez, contacted the U.S. Department of State (DOS) and requested or required the DOS to issue a �revised� Visa Bulletin on July 2, 2007. The USCIS then used the revised Bulletin to refuse to accept I-485 filings. This decision deprives thousands of foreign nationals, and their families, of the rights and privileges that are attendant to the I-485 filing.
These Highly Skilled Professionals Followed All the Rules and Believe in the American Dream
These professionals and their employers have played by our established immigration laws and rules. The vast majority of these thousands of potential applicants has a U.S. employer corporation, university or other business as a sponsor for permanent resident status. The exceptions from an employer are for those who are considered of �extraordinary ability� or whose work is in our �national interest.� Many of these applicants have completed their Bachelor�s, Master�s and/or PhD programs from U.S. universities. They believe in the opportunities of this great nation and strive to achieve the American Dream by following all the rules, working hard, paying taxes, and striving to do the right thing. They believe in this country, and rely upon our systems, our government, and our processes. Unfortunately, on July 2, 2007, we let them down. The USCIS abandoned its own system and long standing practices. This happened through manipulation of the use of visa numbers, insisting upon the issuance of a "revised visa bulletin," and instituting the USCIS policy of rejecting every employment-based I-485 that could have been filed during the month of July 2007.
USCIS Decision Denies Substantive and Procedural Rights to Highly Skilled Workers and Their Employers - Many of Whom Have Already Suffered and Will Suffer Further Harm/ Injury
Not only does the USCIS' action harm the individuals and employers involved, it undermines the reliability of our entire employment-based immigration system. The unexpected decision of the USCIS to refuse to accept any I-485 filings denies both substantive and procedural due process rights to would be applicants across the U.S. All of these applicants are employment based (EB) applicants who are primarily highly skilled professionals or experienced workers, that the U.S. seeks in high demand areas, including: science, technology, medicine, research, business, academia, and education.
The harm in not accepting the filings in July 2007 goes beyond mere delay. In reliance upon the July Visa Bulletin, starting in mid-June 2007, these applicants took the steps necessary to prepare their filings and made decisions in reliance upon the USCIS accepting their filings during July 2007. In order to be present in the U.S., as required for these filings, many applicants and their families canceled travel plans abroad or arranged to return to the U.S. on short notice missing family weddings and other important life events. They undertook medical examinations and paid for the required tests which must accompany the I-485 filings. (The USCIS had refused to waive this requirement even temporarily.) They hired lawyers to process their paperwork; they arranged to obtain documents from abroad on an expedited basis, involving foreign lawyers and foreign governments, all at a significant cost. They made employment and other strategic immigration related decisions to be able to process their I-485s for them and their families. Some canceled visa appointments at the consulates, or withdrew other immigration filings, all in reliance upon the USCIS accepting I-485 filings during July 2007.
The applicants and their employers lose the rights and privileges that accompany the filing of the I-485. These include eligibility for the Employment Authorization Document (EAD) and Advanced Parole (AP), thus eliminating the need for the individuals and their employers to make the filings necessary to maintain a non-immigrant, temporary status. These same ancillary benefits also apply to dependant family members. Most importantly, those that have not filed I-485s are not eligible for "portability" benefits under the �American Competitiveness in the Twenty First Century Act� of Oct. 2000 or �AC21� as it is sometimes referred to. This ineligibility for AC21 portability forces career stagnation. This is to the detriment of the individual as well as their sponsoring employer. Under AC21 portability, employers can promote and/or relocate employees to positions that are the same or similar job classifications as the positions for which they were initially sponsored. Individuals can utilize these provisions for career advancement, and for entrepreneurship. Given that the green card process often spans many years, AC21 portability allows the necessary flexibility to permit the case to continue, to accommodate changes in the sponsoring employer's needs as well as opportunities that are specific to the beneficiary.
The list of stories of individuals and families harmed by the USCIS decision is endless. We have for example, many spouses who will now be separated potentially for years on end, as one received a green card during the USCIS' June "rush," while the other is now ineligible to file.
The USCIS decision also created a burden on U.S. employers. Further delays in the green card process mean that, at best, U.S. employers have to continue to file temporary petitions to keep their workforce in the U.S. legally; at worst, it jeopardizes the availability of this needed highly educated and skilled workforce.
USCIS Motive is to Collect Millions of Additional Filing Fees
Many are baffled by the USCIS decision to reject I-485 filings in July, and its use of the �revised� Visa Bulletin as an excuse. The suspected motive is the collection of the substantially higher filing fees that will be generated after July 27, 2007. This entire incident sends the wrong message about our government, our policies and our legal system reeking of greed and inconsistency. Even the appearance of such impropriety undermines our system.
.................
continue
July 12, 2007
VIA FEDERAL EXPRESS
Michael Chertoff, Esq.
Secretary
Department of Homeland Security
RE: USCIS Decision to Reject I-485 Filings
Dear Mr. Chertoff:
It was a pleasure and an honor to meet with you and to share my views during your panel discussion at the Harvard Worldwide Congress June 15, 2007 in Washington, D.C. I understand and appreciate that the responsibility vested in you as the Secretary of the U.S. Department of Homeland Security is no simple task. We applaud your service to our nation. After meeting with you personally and speaking with you, I am more convinced than ever that you will do the right thing for our country and for the people you serve, both in terms of securing our nation and in being the leader of the DHS, with over 20 federal agencies reporting to you, including the USCIS.
Purpose of this Letter
I am writing to you at this time to address recent actions by the USCIS to refuse to accept I-485 adjustment of status filing during July 2007 that are having significant impact upon the reliability of the legal immigration system in this country, as well as impacting legal foreign nationals and the many U.S. businesses that rely upon the work they perform.
USCIS Decision Contradicts its Long Standing Procedure
In contradiction of its own long standing policy and procedure, we understand that the USCIS, through its Director Gonzalez, contacted the U.S. Department of State (DOS) and requested or required the DOS to issue a �revised� Visa Bulletin on July 2, 2007. The USCIS then used the revised Bulletin to refuse to accept I-485 filings. This decision deprives thousands of foreign nationals, and their families, of the rights and privileges that are attendant to the I-485 filing.
These Highly Skilled Professionals Followed All the Rules and Believe in the American Dream
These professionals and their employers have played by our established immigration laws and rules. The vast majority of these thousands of potential applicants has a U.S. employer corporation, university or other business as a sponsor for permanent resident status. The exceptions from an employer are for those who are considered of �extraordinary ability� or whose work is in our �national interest.� Many of these applicants have completed their Bachelor�s, Master�s and/or PhD programs from U.S. universities. They believe in the opportunities of this great nation and strive to achieve the American Dream by following all the rules, working hard, paying taxes, and striving to do the right thing. They believe in this country, and rely upon our systems, our government, and our processes. Unfortunately, on July 2, 2007, we let them down. The USCIS abandoned its own system and long standing practices. This happened through manipulation of the use of visa numbers, insisting upon the issuance of a "revised visa bulletin," and instituting the USCIS policy of rejecting every employment-based I-485 that could have been filed during the month of July 2007.
USCIS Decision Denies Substantive and Procedural Rights to Highly Skilled Workers and Their Employers - Many of Whom Have Already Suffered and Will Suffer Further Harm/ Injury
Not only does the USCIS' action harm the individuals and employers involved, it undermines the reliability of our entire employment-based immigration system. The unexpected decision of the USCIS to refuse to accept any I-485 filings denies both substantive and procedural due process rights to would be applicants across the U.S. All of these applicants are employment based (EB) applicants who are primarily highly skilled professionals or experienced workers, that the U.S. seeks in high demand areas, including: science, technology, medicine, research, business, academia, and education.
The harm in not accepting the filings in July 2007 goes beyond mere delay. In reliance upon the July Visa Bulletin, starting in mid-June 2007, these applicants took the steps necessary to prepare their filings and made decisions in reliance upon the USCIS accepting their filings during July 2007. In order to be present in the U.S., as required for these filings, many applicants and their families canceled travel plans abroad or arranged to return to the U.S. on short notice missing family weddings and other important life events. They undertook medical examinations and paid for the required tests which must accompany the I-485 filings. (The USCIS had refused to waive this requirement even temporarily.) They hired lawyers to process their paperwork; they arranged to obtain documents from abroad on an expedited basis, involving foreign lawyers and foreign governments, all at a significant cost. They made employment and other strategic immigration related decisions to be able to process their I-485s for them and their families. Some canceled visa appointments at the consulates, or withdrew other immigration filings, all in reliance upon the USCIS accepting I-485 filings during July 2007.
The applicants and their employers lose the rights and privileges that accompany the filing of the I-485. These include eligibility for the Employment Authorization Document (EAD) and Advanced Parole (AP), thus eliminating the need for the individuals and their employers to make the filings necessary to maintain a non-immigrant, temporary status. These same ancillary benefits also apply to dependant family members. Most importantly, those that have not filed I-485s are not eligible for "portability" benefits under the �American Competitiveness in the Twenty First Century Act� of Oct. 2000 or �AC21� as it is sometimes referred to. This ineligibility for AC21 portability forces career stagnation. This is to the detriment of the individual as well as their sponsoring employer. Under AC21 portability, employers can promote and/or relocate employees to positions that are the same or similar job classifications as the positions for which they were initially sponsored. Individuals can utilize these provisions for career advancement, and for entrepreneurship. Given that the green card process often spans many years, AC21 portability allows the necessary flexibility to permit the case to continue, to accommodate changes in the sponsoring employer's needs as well as opportunities that are specific to the beneficiary.
The list of stories of individuals and families harmed by the USCIS decision is endless. We have for example, many spouses who will now be separated potentially for years on end, as one received a green card during the USCIS' June "rush," while the other is now ineligible to file.
The USCIS decision also created a burden on U.S. employers. Further delays in the green card process mean that, at best, U.S. employers have to continue to file temporary petitions to keep their workforce in the U.S. legally; at worst, it jeopardizes the availability of this needed highly educated and skilled workforce.
USCIS Motive is to Collect Millions of Additional Filing Fees
Many are baffled by the USCIS decision to reject I-485 filings in July, and its use of the �revised� Visa Bulletin as an excuse. The suspected motive is the collection of the substantially higher filing fees that will be generated after July 27, 2007. This entire incident sends the wrong message about our government, our policies and our legal system reeking of greed and inconsistency. Even the appearance of such impropriety undermines our system.
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gkdgopi
07-13 09:27 PM
Whoever supports our cause are our friends irrespective of their motives, we need as much support as we can get now. my 2 cents.
girlfriend Is it with NASA or the CIA?
kumarc123
03-12 02:08 PM
You are accusing IV for cheating before saying IV is a great platform. Can't you make up your mind. You sound more like that Congressman Massa from NY. I am no Glenn beck so now don't start to tickle me.
No one is accusing IV
All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.
However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.
I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.
I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.
Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.
Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.
There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.
Thank you
No one is accusing IV
All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.
However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.
I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.
I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.
Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.
Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.
There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.
Thank you
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hara_patta_for_rico
07-10 08:12 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
Googler
04-23 06:32 PM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Hope_GC
07-16 05:37 PM
I think we need to counter act and stop this kind of False Propagandas
Core Team Please draft a Letter in accordance to this we will all send Web faxes...
Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..
Again it is my personal view..
Core Team Please draft a Letter in accordance to this we will all send Web faxes...
Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..
Again it is my personal view..
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