mariusp
06-29 07:23 PM
No you're not the first one. There are about 15,000 others that found out about this before you. Check out the front page. Stop reposting the same crap all over again.
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bkn96
11-25 10:52 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
file485
02-04 07:47 AM
http://www.kwtx.com/home/headlines/2248492.html
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01-13 09:21 PM
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gccube
09-07 01:54 PM
Just curious.... When do they do the name check? Is it after the fingerprints are complete??
I just spoke to a USCIS rep who was very helpful. She took the A# of mine and my wife's and verified the status of FBI name check and FP check. My name check is pending with FBI and my wife's was cleared as per her. For both of us the FP check is cleared.
When I asked her when my name check was initiated I was told that it was on Aug 1st 2007. This is approximately 1 week after my 485 notice date. My FP was done on Aug 21st 2007.
I just spoke to a USCIS rep who was very helpful. She took the A# of mine and my wife's and verified the status of FBI name check and FP check. My name check is pending with FBI and my wife's was cleared as per her. For both of us the FP check is cleared.
When I asked her when my name check was initiated I was told that it was on Aug 1st 2007. This is approximately 1 week after my 485 notice date. My FP was done on Aug 21st 2007.
mallikonnet
07-09 10:00 PM
This is just a message to 2005/2006/2007 PD guys. Please don't think that some miracle will happen and dates will be current soon, it will take its own time. Mostly for EB2 & EB3June 2006- June 2007 guys, it will be like a lottery if the PD becomes current somewhere in 2007 Oct-Nov time. Right??
So life is not always easy. There are people waiting since 2002-03-04.
Don't think that life is not a FIFO always.
Why some of the guys became violent when I said, INDIA IS GREAT???
Guys.. do you know why I always feel like this???
As my parents,in laws and most of my relatives stay there. Not only mine, allmost all guys who are in the IV, they must have parents and relatives in India for sure. There is no other reason why I said India is great.
Someone asked me to pack up... YES, I will if nothing happens;however, I will be waiting to see the progress for sure. This is July. Let's have a look over OCT bulletin after 2 months and for sure dates will move atleast 4-6 months for EB2 guys and 1 year for EB3 guys. So wait, be patient, instead of doing all this.
Anyway, our turn will come sooner or later, so why to become impatient just seeing the JULY bulletin CURRENT and then "U".
Mainly this is the message for 2005-2006-2007 PD guys. Please don't take it otherwise.
I agree what you said but why the heck the USCIS make my life restless for 2 weeks. i spent 5000 dollors for nothing... that is what we are asking for not to go ahead of people with older priority dates
So life is not always easy. There are people waiting since 2002-03-04.
Don't think that life is not a FIFO always.
Why some of the guys became violent when I said, INDIA IS GREAT???
Guys.. do you know why I always feel like this???
As my parents,in laws and most of my relatives stay there. Not only mine, allmost all guys who are in the IV, they must have parents and relatives in India for sure. There is no other reason why I said India is great.
Someone asked me to pack up... YES, I will if nothing happens;however, I will be waiting to see the progress for sure. This is July. Let's have a look over OCT bulletin after 2 months and for sure dates will move atleast 4-6 months for EB2 guys and 1 year for EB3 guys. So wait, be patient, instead of doing all this.
Anyway, our turn will come sooner or later, so why to become impatient just seeing the JULY bulletin CURRENT and then "U".
Mainly this is the message for 2005-2006-2007 PD guys. Please don't take it otherwise.
I agree what you said but why the heck the USCIS make my life restless for 2 weeks. i spent 5000 dollors for nothing... that is what we are asking for not to go ahead of people with older priority dates
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ishreeram
10-29 10:58 AM
Done.
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SunnySurya
08-07 12:59 PM
I will forward this to my lawyer..
US court already clearly given vertict to BS+5 years alone itsef qualify for EB2. It was a major ruling against INS.
US educated (or holding master degree) is no way superior than holding BS+5 years experience if job requires more experience . Similarly BS+5 years is no way superior than MS, if job requires absolutly Masters degree (like research).. So dont compare each other, as each has its own merits. Education and experience cannot replace each other.
However, One can send a petition to DOL/USCIS to deny the second LC/140 application if an employer files two LC/I-140 for a single person (same employer -same beneficiary) for a similar kind of job, just to help the employee to line jump from EB3 to EB2. This may work to stop abusing the system.
Read this before you go further ..
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03jy00-111
US court already clearly given vertict to BS+5 years alone itsef qualify for EB2. It was a major ruling against INS.
US educated (or holding master degree) is no way superior than holding BS+5 years experience if job requires more experience . Similarly BS+5 years is no way superior than MS, if job requires absolutly Masters degree (like research).. So dont compare each other, as each has its own merits. Education and experience cannot replace each other.
However, One can send a petition to DOL/USCIS to deny the second LC/140 application if an employer files two LC/I-140 for a single person (same employer -same beneficiary) for a similar kind of job, just to help the employee to line jump from EB3 to EB2. This may work to stop abusing the system.
Read this before you go further ..
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03jy00-111
more...
standinginline
08-19 10:24 PM
Congrats !!!
It feels good to see some EB3 approvals too...
Thank God!
Category - EB3
PD - Nov 2001
Center - VSC > TSC
8/6 - Email sent to TSC
8/6 - Card Production email and Text, status changed to Decision
8/13 - PDA
8/13 - Welcome letter received
8/14, 8/16, - SLUD
8/18 - Physical Cards received
I admit waiting for Physical cards was not fun at all...Checking mails everyday right when see the postman coming :)
Hang in there guys....its about time and Good Luck!
It feels good to see some EB3 approvals too...
Thank God!
Category - EB3
PD - Nov 2001
Center - VSC > TSC
8/6 - Email sent to TSC
8/6 - Card Production email and Text, status changed to Decision
8/13 - PDA
8/13 - Welcome letter received
8/14, 8/16, - SLUD
8/18 - Physical Cards received
I admit waiting for Physical cards was not fun at all...Checking mails everyday right when see the postman coming :)
Hang in there guys....its about time and Good Luck!
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nkavjs
09-21 10:54 AM
JSB ! You are just one very optimistic one.. aren't you ? :)
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gtg506p
01-09 08:46 AM
gtg-Georgia Tech alumni?
Yup. PhD ME Class of 06.
Yup. PhD ME Class of 06.
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cnachu2
11-03 09:34 AM
I sent letters to all including VSC. Can u please request to send letters to VSC also. Sicne there are some petetions yet at VSC, ofcourse mine is also at VSC.
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shreiks
06-22 10:22 AM
My lawyer recommends to do independent filing without the spouse. He says you get 2 bites at the apple. When the dates becomes current,USCIS won't adjudicate immediately. We have time to add the derivative spouse later on.
Making AOS filing is not acceptable to USCIS and may trigger personal interviews and confusion. He also said take the spouse approved 140 and do an addendum to the 485 saying he/she is doing an independent 485 though we are married.
Making AOS filing is not acceptable to USCIS and may trigger personal interviews and confusion. He also said take the spouse approved 140 and do an addendum to the 485 saying he/she is doing an independent 485 though we are married.
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h1techSlave
01-07 12:58 PM
Kerry said he will consider citizenship for >5 years. So there was some support for the idea in the political circles. We will just have to dust off those things.
Just the other day I was dreaming that Obama will pass a rule that all those who are here in US legally for 10 years + will get citizenship....:):) Maybe I was dreaming too much...
Hope that dream becomes true for many of us.....Keep this thread alive, maybe we can motivate the Congress to pass this rule.
Just the other day I was dreaming that Obama will pass a rule that all those who are here in US legally for 10 years + will get citizenship....:):) Maybe I was dreaming too much...
Hope that dream becomes true for many of us.....Keep this thread alive, maybe we can motivate the Congress to pass this rule.
more...
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l1fraud
06-14 07:55 PM
The OP is great. He has created a new id to discuss L1 fraud. Will he be creating one id per issue... recapture, H1B abuse, outsourcing, backlogs?? wow!!!
Not sure why he wants his/ her identity covered up. This shows how good some of us are in trying to make noises in the dark and not doing anything about issues in hand.
In all, I still don't understand why L1Bs cannot work at Client site. I am sure that the L1 petitions specifically ask for Client site / work location. If Client site address is mentioned, the USCIS does approve the petition. If it is against law, they will not approve the petition. I know this for a fact since some of my friends are on L1.
Regarding my identity cover up... I have mentioned couple of times abt the seriouness of the situation as the other party is a multi billion dollar organisation, second please add all the reasons why ICE/USCIS/DOL provides anonymity and whitsle bowler protection to people who brings these kind of violations to their notice.
Regarding working at client site... Yes they do get approved for working at client sites BUT with the condition that they would be working directly under the suprevision of their managers and NOT the client managers (they don't qualify for consulting assignments). Also these L-1B visas are approved for working on speciality skills NOT on common technical skills (like java/.net/DBs/Prod Support etc). Next time read your friends L-1B petition carefully and you could find all these details over there.. also verify the L1 reform act of 2004 (published in this thread).
Regarding retrogression... I agree that L-1B visas are not impacting the same much and also I think if someone in L-1A LEGALLY qualifies for EB-1 there is nothing wrong in getting the GC, If we think thats not appropriate then we should bring this upto the law makers and get it rectified BUT fake EB1s should be notified to authorities.
We are fighting against a fraudulant activity by which our jobs (and hence our GCs) are jeopardized and its not a fight against fellow immigrant BUT a fight against the greed of these corporates to make money even by committing such fraudulant activities.. hope this clears the doubt.
Not sure why he wants his/ her identity covered up. This shows how good some of us are in trying to make noises in the dark and not doing anything about issues in hand.
In all, I still don't understand why L1Bs cannot work at Client site. I am sure that the L1 petitions specifically ask for Client site / work location. If Client site address is mentioned, the USCIS does approve the petition. If it is against law, they will not approve the petition. I know this for a fact since some of my friends are on L1.
Regarding my identity cover up... I have mentioned couple of times abt the seriouness of the situation as the other party is a multi billion dollar organisation, second please add all the reasons why ICE/USCIS/DOL provides anonymity and whitsle bowler protection to people who brings these kind of violations to their notice.
Regarding working at client site... Yes they do get approved for working at client sites BUT with the condition that they would be working directly under the suprevision of their managers and NOT the client managers (they don't qualify for consulting assignments). Also these L-1B visas are approved for working on speciality skills NOT on common technical skills (like java/.net/DBs/Prod Support etc). Next time read your friends L-1B petition carefully and you could find all these details over there.. also verify the L1 reform act of 2004 (published in this thread).
Regarding retrogression... I agree that L-1B visas are not impacting the same much and also I think if someone in L-1A LEGALLY qualifies for EB-1 there is nothing wrong in getting the GC, If we think thats not appropriate then we should bring this upto the law makers and get it rectified BUT fake EB1s should be notified to authorities.
We are fighting against a fraudulant activity by which our jobs (and hence our GCs) are jeopardized and its not a fight against fellow immigrant BUT a fight against the greed of these corporates to make money even by committing such fraudulant activities.. hope this clears the doubt.
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WaldenPond
02-18 09:38 PM
Congress has begun a 10-day recess. The House and Senate are scheduled to return the week of February 27. When they return, the Senate Judiciary Committee is scheduled to take up comprehensive immigration reform, probably beginning March 2. On March 27 this bill will be brought to the floor of the Senate.
www.immigration-law.com also posted information about Comprehensive bill suggesting that on 02/16/2006, the Executive Business Meeting of the Senate Judiciary marked up the Comprehensive Immigration Reform bill. We have not yet found the mark up document. If anybody is able to find this document, please post let everybody know.
There are two pieces of Innovation/Competitiveness bills that are being considered:
1.) Protecting America’s Competitive Edge Acts (PACE)
This act is based on Augustine report. This act is sponsored by Domenici-Bingaman-Alexander-Mikulski. There are 60 Senators who have endorsed this act. This act is being supported by Craig Barrett and other hi-tech industry leaders. The link below provides the summary. Section 314 of the education part of this act contains some of the provisions for Employment based immigration.
http://www.asertti.org/news/documents/PACE_Summary.pdf
2.) National Innovation Act (NIA) of 2005
This act is based on Report of Council of Competitiveness (Immivationamerica.org/Compete.org report of 2005). This act is sponsored by Senator Lieberman (CT) and Senator John Ensign (NV). At this time this act has support of 25 Senators. This act is also being supported by Craig Barrett who is co-chair for the academy that is involved with NIA. There are other executives of high profile companies who are supporting this initiative. The link below provides the summary. Could not find much on employment based immigration other than the fact that this act is asking for $1 Million to conduct a study to find out the right numbers of legal plus employment based immigration. So this looks like a long shot.
http://www.compete.org/pdf/National_Innovation_Act%20-%20Section_by_Section.pdf
Both Innovation/Competitiveness acts are not competing with each other but rather complementing each other. The people and substance involved in both the acts are similar. Just that they provide slightly different solution to the situation where PACE provides for additional funding and slightly more aggressive than NIA. Both the bills have very broad & bi-partisan support in Senate. However, it is getting slightly tougher to get support from the House for these bills.
www.immigration-law.com also posted information about Comprehensive bill suggesting that on 02/16/2006, the Executive Business Meeting of the Senate Judiciary marked up the Comprehensive Immigration Reform bill. We have not yet found the mark up document. If anybody is able to find this document, please post let everybody know.
There are two pieces of Innovation/Competitiveness bills that are being considered:
1.) Protecting America’s Competitive Edge Acts (PACE)
This act is based on Augustine report. This act is sponsored by Domenici-Bingaman-Alexander-Mikulski. There are 60 Senators who have endorsed this act. This act is being supported by Craig Barrett and other hi-tech industry leaders. The link below provides the summary. Section 314 of the education part of this act contains some of the provisions for Employment based immigration.
http://www.asertti.org/news/documents/PACE_Summary.pdf
2.) National Innovation Act (NIA) of 2005
This act is based on Report of Council of Competitiveness (Immivationamerica.org/Compete.org report of 2005). This act is sponsored by Senator Lieberman (CT) and Senator John Ensign (NV). At this time this act has support of 25 Senators. This act is also being supported by Craig Barrett who is co-chair for the academy that is involved with NIA. There are other executives of high profile companies who are supporting this initiative. The link below provides the summary. Could not find much on employment based immigration other than the fact that this act is asking for $1 Million to conduct a study to find out the right numbers of legal plus employment based immigration. So this looks like a long shot.
http://www.compete.org/pdf/National_Innovation_Act%20-%20Section_by_Section.pdf
Both Innovation/Competitiveness acts are not competing with each other but rather complementing each other. The people and substance involved in both the acts are similar. Just that they provide slightly different solution to the situation where PACE provides for additional funding and slightly more aggressive than NIA. Both the bills have very broad & bi-partisan support in Senate. However, it is getting slightly tougher to get support from the House for these bills.
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krishnam70
06-18 06:31 PM
Biographic Information. Please read the form and the instructions in the www.uscis.gov (http://www.uscis.gov)web site. Good night.
sorry my bad. do we need to fill 325 and 325A or just 325, infant also needs 325? Also would you please tell me if we need to request to add the applicant to mother's file? or no need to do that.
thanks
kr
sorry my bad. do we need to fill 325 and 325A or just 325, infant also needs 325? Also would you please tell me if we need to request to add the applicant to mother's file? or no need to do that.
thanks
kr
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sundarpn
02-25 10:26 PM
One can call the US consulates in other contries like canada or mex ask them if they can look up your petition number in the PIMS system. Google for the phone numbers.
I hope that the PIMS system will be centralized. So if one consualte is able to pull it up, the same might be true for the others.
Have there been reasons other than Pims for delays? I see a lot of 221g cases in the forums. Are these due to PIMS?
Anyone with recent experience on h1b revalidation at chennai?
I hope that the PIMS system will be centralized. So if one consualte is able to pull it up, the same might be true for the others.
Have there been reasons other than Pims for delays? I see a lot of 221g cases in the forums. Are these due to PIMS?
Anyone with recent experience on h1b revalidation at chennai?
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wantgc23
12-11 11:01 AM
I am logging in after sometime due to work, Is this action item still Active ?
english_august
07-11 12:27 AM
You are missing the "Support from Bollywood" article from your website! We will keep reporting here. Thanks for doing a great job.
It has been updated now with that information.
It has been updated now with that information.
spatial
08-20 12:55 PM
DOS has alloted most unused visa # into EB2 category this year, and EB3 was stuck due to no additional unused EB1 visas.
Visa Bulletin mentioned they did this in according to the requirements of Section 202(a)(5) of the Immigration and Nationality Act. But actually this might be a misunderstanding of Section 202(a)(5) and Section 203(b) - There is NO words in the act on how to allot unused visa # to differnt categories. Even the country limit and category limit would not apply if there are unused visas #. The allotment Mr. Charles Oppenheimer did horizontal spillover caused longer and more backlogs of EB3.
Congress has a concern on the backlogs and Bush's administration promised to reduce backlogs as much as they can. If Immigration and Nationality Act allows the government to spillover the unused visa # to EB2 & EB3, and a more humane and fair system should take care of early priority date first and do whatever the government has promised, should we ask Mr. Charles Oppenheimer to think about alloting some unused visas to EB3 so it can move forword a little bit?
Visa Bulletin mentioned they did this in according to the requirements of Section 202(a)(5) of the Immigration and Nationality Act. But actually this might be a misunderstanding of Section 202(a)(5) and Section 203(b) - There is NO words in the act on how to allot unused visa # to differnt categories. Even the country limit and category limit would not apply if there are unused visas #. The allotment Mr. Charles Oppenheimer did horizontal spillover caused longer and more backlogs of EB3.
Congress has a concern on the backlogs and Bush's administration promised to reduce backlogs as much as they can. If Immigration and Nationality Act allows the government to spillover the unused visa # to EB2 & EB3, and a more humane and fair system should take care of early priority date first and do whatever the government has promised, should we ask Mr. Charles Oppenheimer to think about alloting some unused visas to EB3 so it can move forword a little bit?