McGuffin
02-14 07:15 PM
I'm in.
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nixstor
07-04 09:44 PM
Please stop posting this on every thread. In one line you are just spamming. We all visit Attorney Oh's website often. He does not need any publicity
immigration-law.com
07/04/2007: Status and Issues Involving July 2007 485 Fiasco
* The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
#
# We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:
* Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.
* Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
o Answer I: Obviously it would violate the rules and the laws.
o Answer II: It will constitue a serious security lapse, compromising the homeland security.
* Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
o Answer I: It is evident that the USCIS would violate the rules and the laws.
o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.
immigration-law.com
07/04/2007: Status and Issues Involving July 2007 485 Fiasco
* The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
#
# We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:
* Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.
* Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
o Answer I: Obviously it would violate the rules and the laws.
o Answer II: It will constitue a serious security lapse, compromising the homeland security.
* Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
o Answer I: It is evident that the USCIS would violate the rules and the laws.
o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.
crazyghoda
01-30 03:17 PM
Ok now I am very very confused :confused:
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues. After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I havent been working considered as Out of Status?
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues. After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I havent been working considered as Out of Status?
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vghc
07-03 11:59 AM
If you call it re-distribution of pain, I would call it sharing the pain. I think its high time ROW candidates felt the pain which we non-ROW have suffered for a long time. You are objecting just because you are on the better side and wish to continue with the better bargain. If you think about it as a EB group in general, then its absolutely ridiculous that there should be country limits for EB category GC when there is no limits on H1B which is the primary route for most EB category GC applications. I completely agree with you on the family quotient of your arguement, they should not get the GC numbers which is meant only for primary EB applicant. Not that I want families to suffer, but the family GC numbers for EB applicants should not count towards GC number cap.
Don't be ignorant, i am still bloody waiting for mine and counting!!!! :mad:
Problem is not country quota, its the ones with families!!! ><
Don't be ignorant, i am still bloody waiting for mine and counting!!!! :mad:
Problem is not country quota, its the ones with families!!! ><
more...
crazyghoda
01-30 02:42 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status? From what I understood it is ok to not be working while on AOS having entered on AP.
It is my fault. I should have explained it better.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status? From what I understood it is ok to not be working while on AOS having entered on AP.
It is my fault. I should have explained it better.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
H1bslave
09-26 09:56 AM
I think IV core must be taking some action in response to this CNN report. Does anyone know about action from core?
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alterego
03-16 12:44 AM
A few things.
Ignoring folks who are full of themselves is the best way to make them go away.
There are many reasons why people with priority dates before 2004 are stuck in queue. Some I can think of are:
1) Backlog labors that were completed as recently as late last year.
2) Background check stuck applications.
3) Labor Subs which were allowed as recently as last summer.
4) EB3-EB2 cases, where PDs are transferred.
5) Other applications that cannot be approved due to time specific requirements such as physician NIW cases.
6) Some cases that just slipped through the cracks of USCIS inefficiency.
Many of the above causes are being/have been addressed, however their impact will be with us for some time yet, unless there is a visa recapture legislation to make up for the unused visas.
Ignoring folks who are full of themselves is the best way to make them go away.
There are many reasons why people with priority dates before 2004 are stuck in queue. Some I can think of are:
1) Backlog labors that were completed as recently as late last year.
2) Background check stuck applications.
3) Labor Subs which were allowed as recently as last summer.
4) EB3-EB2 cases, where PDs are transferred.
5) Other applications that cannot be approved due to time specific requirements such as physician NIW cases.
6) Some cases that just slipped through the cracks of USCIS inefficiency.
Many of the above causes are being/have been addressed, however their impact will be with us for some time yet, unless there is a visa recapture legislation to make up for the unused visas.
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GCBatman
01-09 08:54 AM
Here is the answer would you hire me now :D
When several operations occur in an expression, each part is evaluated and resolved in a predetermined order called operator precedence. Parentheses can be used to override the order of precedence and force some parts of an expression to be evaluated before other parts. Operations within parentheses are always performed before those outside. Within parentheses, however, normal operator precedence is maintained.
When expressions contain operators from more than one category, arithmetic operators are evaluated first, comparison operators are evaluated next, and logical operators are evaluated last. Comparison operators all have equal precedence; that is, they are evaluated in the left-to-right order in which they appear. Arithmetic and logical operators are evaluated in the following order of precedence:
Arithmetic (Exponentiation (^),Negation (-),Multiplication and division (*, /),Integer division (\),Modulus arithmetic (Mod),Addition and subtraction (+, -),String concatenation (&))
Comparison (Equality (=),Inequality (<>),Less than (<),Greater than (>), Less than or equal to (<=),Greater than or equal to (>=),Is)
Logical (Not,And,Or,Xor,Eqv,Imp,&)
When multiplication and division occur together in an expression, each operation is evaluated as it occurs from left to right. Likewise, when addition and subtraction occur together in an expression, each operation is evaluated in order of appearance from left to right.
The string concatenation operator (&) is not an arithmetic operator, but in precedence it does fall after all arithmetic operators and before all comparison operators. The Is operator is an object reference comparison operator. It does not compare objects or their values; it checks only to determine if two object references refer to the same object.
....An experience guy might find it difficult to answer questions like �what is operator precedence?� ....
When several operations occur in an expression, each part is evaluated and resolved in a predetermined order called operator precedence. Parentheses can be used to override the order of precedence and force some parts of an expression to be evaluated before other parts. Operations within parentheses are always performed before those outside. Within parentheses, however, normal operator precedence is maintained.
When expressions contain operators from more than one category, arithmetic operators are evaluated first, comparison operators are evaluated next, and logical operators are evaluated last. Comparison operators all have equal precedence; that is, they are evaluated in the left-to-right order in which they appear. Arithmetic and logical operators are evaluated in the following order of precedence:
Arithmetic (Exponentiation (^),Negation (-),Multiplication and division (*, /),Integer division (\),Modulus arithmetic (Mod),Addition and subtraction (+, -),String concatenation (&))
Comparison (Equality (=),Inequality (<>),Less than (<),Greater than (>), Less than or equal to (<=),Greater than or equal to (>=),Is)
Logical (Not,And,Or,Xor,Eqv,Imp,&)
When multiplication and division occur together in an expression, each operation is evaluated as it occurs from left to right. Likewise, when addition and subtraction occur together in an expression, each operation is evaluated in order of appearance from left to right.
The string concatenation operator (&) is not an arithmetic operator, but in precedence it does fall after all arithmetic operators and before all comparison operators. The Is operator is an object reference comparison operator. It does not compare objects or their values; it checks only to determine if two object references refer to the same object.
....An experience guy might find it difficult to answer questions like �what is operator precedence?� ....
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gc_chahiye
06-03 06:30 AM
check with your company attorneys, this is serious stuff.
From what I understand:
> 1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and
> the day I'm going to enter US so that I can stay in US for another 6 years on
> H1-B. Is my understanding correct?
correct. Technically your company can file a PERM LC right now, and you can start in October (so the year after, you can get an H1 extension based on this LC), however its much much better for you to maintain this gap and start a new H1 (its easier to change jobs when you are not dependent on extensions: you get 6 full years)
> 2) Is it OK to go for VISA staming before 6-Jan-08?
yes, stamping does not matter. You can get that done anytime though its recommended to get it done close (30-60 days) to your date of travel. If you get it done now, and travel on Jan 7th, make sure you carry an updated offer letter from your company in the US, reconfirming that the position is still open for you.
From what I understand:
> 1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and
> the day I'm going to enter US so that I can stay in US for another 6 years on
> H1-B. Is my understanding correct?
correct. Technically your company can file a PERM LC right now, and you can start in October (so the year after, you can get an H1 extension based on this LC), however its much much better for you to maintain this gap and start a new H1 (its easier to change jobs when you are not dependent on extensions: you get 6 full years)
> 2) Is it OK to go for VISA staming before 6-Jan-08?
yes, stamping does not matter. You can get that done anytime though its recommended to get it done close (30-60 days) to your date of travel. If you get it done now, and travel on Jan 7th, make sure you carry an updated offer letter from your company in the US, reconfirming that the position is still open for you.
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little_willy
09-18 11:44 PM
I was there and am proud to be part of such dedicated individuals:) It was great to catch up with Aman, pappu, logiclife etc. Most of the congressmen's office I met were of the view that it is high time we come out in open and fight for our cause. One legal aide explained me how ignorant most of the lawmakers are when it comes to legal vs illegal immigrants. This rally will be an eyeopener for few of them for sure.
Those who missed, I can assure you that Immigration voice is moving in the right direction. With a leader like Aman and unrelenting individuals like Jay(logiclife) and Himanshu(pappu), we can hope to achieve great things.
For individuals who had to excuse themselves from the rally or from any contribution, my question is, when the high profile attorneys and lawmakers believe that we can make a huge impact, why, you being the beneficiary of the very cause and were able to file 485 because of IV's efforts, fail to understand that we could make a difference. It is high time you participate in this effort.
Those who missed, I can assure you that Immigration voice is moving in the right direction. With a leader like Aman and unrelenting individuals like Jay(logiclife) and Himanshu(pappu), we can hope to achieve great things.
For individuals who had to excuse themselves from the rally or from any contribution, my question is, when the high profile attorneys and lawmakers believe that we can make a huge impact, why, you being the beneficiary of the very cause and were able to file 485 because of IV's efforts, fail to understand that we could make a difference. It is high time you participate in this effort.
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BharatPremi
10-25 11:38 AM
My PD: 07/2*/2003 EB3:INDIA:RIR
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reddymjm
09-09 02:26 PM
I would like to see all EB3 AS DONORS.
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justAnotherFile
07-24 01:28 PM
no offense meant..
.. but if "the law is the law" and there is no room for "interpretation" then lawyers will be out of business :)
I guess that is why congress also publishes the "intent of congress" with every legislative bill to guide interpretations, because there will be situations and cases which test the limits of law and they cannot visualize that while writing a law.
.. but if "the law is the law" and there is no room for "interpretation" then lawyers will be out of business :)
I guess that is why congress also publishes the "intent of congress" with every legislative bill to guide interpretations, because there will be situations and cases which test the limits of law and they cannot visualize that while writing a law.
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BECsufferer
02-27 08:10 PM
Noway it is normal..
When was the last "normal" economic cycle when so many big banks failed...
Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.
Citi, BofA,Wells etc are all in trouble..
Would you believe Citi stock at 3 Bucks?
And it all started with Housing.
House prices never go down! Oh yeah.
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
When was the last "normal" economic cycle when so many big banks failed...
Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.
Citi, BofA,Wells etc are all in trouble..
Would you believe Citi stock at 3 Bucks?
And it all started with Housing.
House prices never go down! Oh yeah.
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
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silibili
06-11 10:14 AM
Resent to Alabama senators.
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aps
08-09 12:20 AM
:rolleyes:I mailed my I-485 application on July30 and it is delivered on next day.
My lawyer send me the I-485 froms before the july 30, 07 y revision and i used those forms for filing. But, FAQ3 released by uscis today states that we have to use the form version dated �7/30/07 Y�. . WHAT IS THIS? Do i have to resend the application again? More over i do not see difference between these two forms.
I have copied the question from faq3. It is the first question.
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Please explain if you have any idea about this.
My lawyer send me the I-485 froms before the july 30, 07 y revision and i used those forms for filing. But, FAQ3 released by uscis today states that we have to use the form version dated �7/30/07 Y�. . WHAT IS THIS? Do i have to resend the application again? More over i do not see difference between these two forms.
I have copied the question from faq3. It is the first question.
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Please explain if you have any idea about this.
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kumar1
07-31 03:18 PM
x
girlfriend Tagged with: tattoos, Kat Von
nousername
11-13 02:13 PM
when was the last time you won a legal battel in 2 weeks/months/years time?
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
With you on this bro.. You propose something and they ridicule you, you ask a question or question their intent they pull your thread off the main page and dump it someplace else..
Because of the above reasons I stopped donating (which I know they don't care, nor do I). I only visit this forum to help other members with their questions to which I might have an answer or share my experience, as like others even I have quite a lot of bad immigration experiences.
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
With you on this bro.. You propose something and they ridicule you, you ask a question or question their intent they pull your thread off the main page and dump it someplace else..
Because of the above reasons I stopped donating (which I know they don't care, nor do I). I only visit this forum to help other members with their questions to which I might have an answer or share my experience, as like others even I have quite a lot of bad immigration experiences.
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gcseeker2002
03-20 07:56 PM
How do you know that the labour process has slowed down from Mar 01 2011 ? Any source for this info? Please share.
Yes I would also like to know where it says that Labor process is stalled from Mar 1st,as it is impacting my current decision.
Yes I would also like to know where it says that Labor process is stalled from Mar 1st,as it is impacting my current decision.
tonyHK12
02-10 10:41 AM
I have about 9500 miles in Delta.
As StarSun mentioned, we need a volunteer to maintain a spreadsheet of miles, accomodations for matching. Can someone take this up?
Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
As StarSun mentioned, we need a volunteer to maintain a spreadsheet of miles, accomodations for matching. Can someone take this up?
Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
sunny1000
09-19 11:47 PM
Whilst in general a name change does sound like a good idea, we have spent a lot of time and money making sure that Immigration Voice as an organization is known.
It makes no sense to through that away
Good point...
One thing we can do immediately is to add the words " An organisation of Legal Immigrants" or something to that effect under the globe which says immigration voice on it on the top left corner of the web page. This will immediately make know of our status to those who visit us..Just my 25 cents...;)
It makes no sense to through that away
Good point...
One thing we can do immediately is to add the words " An organisation of Legal Immigrants" or something to that effect under the globe which says immigration voice on it on the top left corner of the web page. This will immediately make know of our status to those who visit us..Just my 25 cents...;)