lonedesi
06-21 11:22 AM
Guys, please continue to leave voice messages, emailing & faxing those idiots at Atlanta PERM center who moved the staff to do other work like processing h2b cases. We need to be persistent if we need any positive outcome. Would those idiots who reassigned staff to do other work, now turn around and help us be reassigining more staff to clear the backlogs? We need to keep questioning them and bombard them with emails, fax and phone calls. It is very important that we act now, if not you all know how delicate of situation we are all finding ourselves in. Please call/email/fax everyone at Atlanta DOL, DOL secratary Elaine Chao and also Assistant Secretary Emily Stover DeRocco.
Contact Details:
The Honorable Elaine L. Chao
Secretary of U.S. Department of Labor
200 Constitution Ave., NW
Washington, DC 20210
Elaine Chao's email is: secretaryelainechao@dol.gov
Phone number: 202-693-6000
Fax number for Office of the Secretary: 202-693-6111
------------------------------------------------------
U.S. Department of Labor
Employment and Training Administration
Harris Tower
233 Peachtree Street, Suite 410
Atlanta, Georgia 30303
Phone: (404) 893-0101
Fax: (404) 893-4642
Email1: PLC.Atlanta@dol.gov
Email2: Perm.DFLC@dol.gov
------------------------------------------------------
Key personnel at ETA
Assistant Secretary Emily Stover DeRocco (202) 693-2700
Deputy Assistant Secretary Douglas F. Small
Deputy Assistant Secretary Mason Bishop (202) 693-2700
Email: etapagemaster@dol.gov
Contact Details:
The Honorable Elaine L. Chao
Secretary of U.S. Department of Labor
200 Constitution Ave., NW
Washington, DC 20210
Elaine Chao's email is: secretaryelainechao@dol.gov
Phone number: 202-693-6000
Fax number for Office of the Secretary: 202-693-6111
------------------------------------------------------
U.S. Department of Labor
Employment and Training Administration
Harris Tower
233 Peachtree Street, Suite 410
Atlanta, Georgia 30303
Phone: (404) 893-0101
Fax: (404) 893-4642
Email1: PLC.Atlanta@dol.gov
Email2: Perm.DFLC@dol.gov
------------------------------------------------------
Key personnel at ETA
Assistant Secretary Emily Stover DeRocco (202) 693-2700
Deputy Assistant Secretary Douglas F. Small
Deputy Assistant Secretary Mason Bishop (202) 693-2700
Email: etapagemaster@dol.gov
naruto shippuden ultimate ninja storm 2. Ultimate Ninja Storm 2
ItIsNotFunny
10-21 11:47 AM
Mail buddy Mail.
Its nice to have interest in talking about Obama or McCain is good for immigration but irony is, that discussion is not going to help us as they don't care for non-voters.
Lets have focused energy attack in right direction. Keep mailing, lets have 500 mails by this week. This is not unrealistic.
Its nice to have interest in talking about Obama or McCain is good for immigration but irony is, that discussion is not going to help us as they don't care for non-voters.
Lets have focused energy attack in right direction. Keep mailing, lets have 500 mails by this week. This is not unrealistic.
naruto shippuden ultimate ninja storm 2. Naruto Shippuuden: Ultimate
ssunka01
09-05 09:21 PM
I am having a home loan with ICICI. I strongly recommend do not go with ICICI. They are very fast to increase variable APR. If it declines their comment was who are watching a market. In one instance all other banks reduced their VR but not ICICI. When I emailed ,they simple said we will let you know if there any changes but never reduced. In case increasee even before announcement by RBI, they increased my APR. More over If I want to repay earlier they are charging 2% penalty. so I stongly advice do not look ICICI bank for load if you want save some money. They are not right when it comes to loan. I had always difficult to change my address on my A/c
naruto shippuden ultimate ninja storm 2. Naruto Shippuden UN Storm 2
ilikekilo
03-11 08:19 AM
Iam not jumping on the bandwagon but my wife and I are contemplating about opening a (indian) restaurant and I would like to know if we can open one on H1b/EAD status? I know I could consult an attorney but we are not gonna open it right away so wanted to get some insight from experts on this.
If we cant open on our own due to technicalities can we open it in someones name who has a GC or citizenship (my sister and her family recently got citizenship) and work in that resturant as employees, atleast my wife if not me.?
situation:
PD: dec 2004, EB3
EAD : received oct 2007
485 applied , june 2007
wife on h1b and EAD eligible thru' me
Anyone pleasE?
If we cant open on our own due to technicalities can we open it in someones name who has a GC or citizenship (my sister and her family recently got citizenship) and work in that resturant as employees, atleast my wife if not me.?
situation:
PD: dec 2004, EB3
EAD : received oct 2007
485 applied , june 2007
wife on h1b and EAD eligible thru' me
Anyone pleasE?
more...
naruto shippuden ultimate ninja storm 2. Naruto Shippuden Ultimate
JunRN
08-08 06:11 PM
I'm on Schedule A. My attorney filed my I-140/485/EAD on July 30 and it reached USCIS on the 31st. I am now waiting for the Receipt Notice which my lawyer says may take three to four weeks.
I keep on praying that my I-140 will not be returned due to some mistakes in filing. My lawyer filed I-140 using the new fee. Is this correct?
I keep on praying that my I-140 will not be returned due to some mistakes in filing. My lawyer filed I-140 using the new fee. Is this correct?
naruto shippuden ultimate ninja storm 2. NARUTO Shippuden: Ultimate
chanduv23
05-18 03:39 PM
ANOTHER UPDATE
I just spoke to Congressional office and this is what she has to say:
Quote"""""""""""
I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.
""""""""""""""Unquote
But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.
I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.
God save AC21............
That is a standard message. Basically yur 485 has been reopened. Unless your priority date is current there is nothing much they can do, but if there is a need for RFE, they will send you RFE.
Congratulations. This is a standard message your case has been reopened. You must celebrate this moment.
Unless your MTR is approved, your case does not get reopened. So your MTR is also approved - usually they do not update those messages on the online system properly and thats why we do not see them.
I just spoke to Congressional office and this is what she has to say:
Quote"""""""""""
I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.
""""""""""""""Unquote
But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.
I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.
God save AC21............
That is a standard message. Basically yur 485 has been reopened. Unless your priority date is current there is nothing much they can do, but if there is a need for RFE, they will send you RFE.
Congratulations. This is a standard message your case has been reopened. You must celebrate this moment.
Unless your MTR is approved, your case does not get reopened. So your MTR is also approved - usually they do not update those messages on the online system properly and thats why we do not see them.
more...
naruto shippuden ultimate ninja storm 2. Ultimate Ninja Storm 2
ragz4u
03-08 02:02 PM
what`s happening....
Please be more specific when you ask a question
Please be more specific when you ask a question
naruto shippuden ultimate ninja storm 2. Naruto Shippuden: Ultimate
Keeme
03-04 12:46 PM
Forgot to mention, my attorney did state that their office received an approval 2 weeks back whose priority date was not even close to current. She did not share the specifics.
I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.
I also learned from my attorny office that a case with out having PD current was approved. Will get specifics today on that case.
I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.
I also learned from my attorny office that a case with out having PD current was approved. Will get specifics today on that case.
more...
naruto shippuden ultimate ninja storm 2. Naruto Shippuden: Ultimate
vpadman
01-05 03:53 PM
What are the scenarios under which we can request emergency AP through INFOPASS appointment?
Specifically, does marriage count as reason for emergency AP ?
Specifically, does marriage count as reason for emergency AP ?
naruto shippuden ultimate ninja storm 2. naruto shippuden ultimate
GCneeded
10-16 01:12 PM
Like many immigrants, I moved to USA in search of American Dream. With a degree in Computer Science and valuable experience, I thought I could pursue my ambition to excel in my field, while also fulfilling my American Dream. My dream of America was about freedom. Freedom of working at niche companies, living a comfortable life, earning higher wages than what I used to earn in my Home country. What started out as a dream has turned to a nightmare. Like many others I came to USA on H1-B and wanted to convert to a permanent resident. The process, which used to take 2-3 years, has turned to uncertainty. The path for Permanent residency has been entangled in complicated government laws and bureaucracy. I had to wait in line for 4 years just to get my labor application approved and now I am struck in another queue of retrogression. I moved from my country; because I did not want to wait in line at Ration shops, bus stops. I wanted to escape from the lines, but now I am struck in a bigger line with no end in sight.
Whenever there is a discussion about immigration, People always assume it as about illegal immigration. So I have to keep reminding people that there is another side to immigration. Legal immigration. The issues of legal immigrants have been ignored and been buried in the midst of illegal immigration controversies. When I send letters to House Representatives/Senators about the problems of legal immigrants, they reply back about increasing H1-B numbers. Legal immigration is NOT just about just increasing H1-B. Also the anti immigration groups publish that people on H1-B don�t pay taxes. But we pay taxes, Medicare and social security like all other American citizens. With the current immigration laws, we might not be even to avail the benefits of these taxes.
The facts of the legal immigrants
� We are NOT here to take American jobs. We fill those positions when a suitable American citizen was not found
� We PAY TAXES like any other American citizens
� We are here legally. The government has assessed our qualifications and education.
� According to Economic Report of the President, 2006 - Legal skilled immigrants increase productivity growth and improve the standard of living for the U.S. population as a whole.
� According to Economic Report of the President, 2006, skilled immigrants constituted 76% of the employment growth in the Executive, Managerial, Professional (e.g., Scientists, Doctors) and Technical (e.g., Health and Science Technicians) categories from 1996 to 2002.
� According to Annalee Saxenian, �Silicon Valley's New Immigrant Entrepreneurs,� Public Policy Institute of California, 1999, in 1998, Chinese or Indian CEOs ran 24 percent of Silicon Valley�s technology firms. These companies accounted for over $16.8 billion in sales and 58,282 jobs. These numbers may still understate the scale of immigrant entrepreneurship in the region because firms started by Chinese or Indians with non-Asian CEOs were not counted.
We are being backlashed by the congress and the anti immigration groups, even though we are highly skilled, well educated and staying legally. We have done nothing but help America in its economic growth and in its quest for innovation and technology. Now we are being punished for being here legally and law abiding by putting us in retrogression. We cannot get Salary hike, or promotions when our green card is in process. So while my American colleagues have moved to greener pastures, I am struck here at the same job and same salary. People struck in green card process cannot open new ventures. The new ventures would open new jobs and increases America�s competitive edge in innovation and global leadership in technology. If American congress does not act at this point of time, there will be a �BRAIN DRAIN�. People fed up with retrogression have already started looking at other countries like Australia, Canada who are welcoming high skilled immigrants with open arms and easy migration laws. As for me I have invested my prime youth for my American dream and hope American government will embrace high skilled immigrants like me. Rep. Shadegg has tabled H.R. 5744, SKIL bill for legal high-skilled immigration. This bill would reduce the current wait time for getting the green card. I sincerely urge congress to pass SKIL bill which will reduce the wait times and help high skill immigrants help America to sustain it�s edge on technology and global innovation.
We are getting more calls for op-eds and need more IV members to pitch in and write articles.
Whenever there is a discussion about immigration, People always assume it as about illegal immigration. So I have to keep reminding people that there is another side to immigration. Legal immigration. The issues of legal immigrants have been ignored and been buried in the midst of illegal immigration controversies. When I send letters to House Representatives/Senators about the problems of legal immigrants, they reply back about increasing H1-B numbers. Legal immigration is NOT just about just increasing H1-B. Also the anti immigration groups publish that people on H1-B don�t pay taxes. But we pay taxes, Medicare and social security like all other American citizens. With the current immigration laws, we might not be even to avail the benefits of these taxes.
The facts of the legal immigrants
� We are NOT here to take American jobs. We fill those positions when a suitable American citizen was not found
� We PAY TAXES like any other American citizens
� We are here legally. The government has assessed our qualifications and education.
� According to Economic Report of the President, 2006 - Legal skilled immigrants increase productivity growth and improve the standard of living for the U.S. population as a whole.
� According to Economic Report of the President, 2006, skilled immigrants constituted 76% of the employment growth in the Executive, Managerial, Professional (e.g., Scientists, Doctors) and Technical (e.g., Health and Science Technicians) categories from 1996 to 2002.
� According to Annalee Saxenian, �Silicon Valley's New Immigrant Entrepreneurs,� Public Policy Institute of California, 1999, in 1998, Chinese or Indian CEOs ran 24 percent of Silicon Valley�s technology firms. These companies accounted for over $16.8 billion in sales and 58,282 jobs. These numbers may still understate the scale of immigrant entrepreneurship in the region because firms started by Chinese or Indians with non-Asian CEOs were not counted.
We are being backlashed by the congress and the anti immigration groups, even though we are highly skilled, well educated and staying legally. We have done nothing but help America in its economic growth and in its quest for innovation and technology. Now we are being punished for being here legally and law abiding by putting us in retrogression. We cannot get Salary hike, or promotions when our green card is in process. So while my American colleagues have moved to greener pastures, I am struck here at the same job and same salary. People struck in green card process cannot open new ventures. The new ventures would open new jobs and increases America�s competitive edge in innovation and global leadership in technology. If American congress does not act at this point of time, there will be a �BRAIN DRAIN�. People fed up with retrogression have already started looking at other countries like Australia, Canada who are welcoming high skilled immigrants with open arms and easy migration laws. As for me I have invested my prime youth for my American dream and hope American government will embrace high skilled immigrants like me. Rep. Shadegg has tabled H.R. 5744, SKIL bill for legal high-skilled immigration. This bill would reduce the current wait time for getting the green card. I sincerely urge congress to pass SKIL bill which will reduce the wait times and help high skill immigrants help America to sustain it�s edge on technology and global innovation.
We are getting more calls for op-eds and need more IV members to pitch in and write articles.
more...
naruto shippuden ultimate ninja storm 2. Naruto Shippuden: Ultimate
eb3_nepa
07-14 01:18 PM
The address to mail the checks to is:
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
This can also be obtained at:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
This can also be obtained at:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65
naruto shippuden ultimate ninja storm 2. Ultimate Ninja Storm 2
sands_14
09-28 11:27 PM
Can all of us at least send a joint request/letter to Rep Lofgren to ask USCIS to formalise a procedure for re-capture of visa numbers?I guess USCIS can do this without any senate approvals.At least ,this will decrease retrogression a little.Any major reform looks unlikely anyways till year 2009...
more...
naruto shippuden ultimate ninja storm 2. Naruto Shippuden: Ultimate
GoGreen
08-11 10:13 AM
How many of us contribute to IV in terms of time, $ etc.
and how many are some free riders?
and how many are some free riders?
naruto shippuden ultimate ninja storm 2. +ultimate+ninja+storm+2+
santb1975
05-28 09:52 AM
we are losing momentum. Aren't we?
more...
naruto shippuden ultimate ninja storm 2. Ultimate Ninja Storm 2
WeldonSprings
05-02 01:52 PM
One interesting thing from the anti-immigrant community represented by Steve King in this testimony was when he asked the Visa Division Chief, that -How many immigrants have we admitted to the United States between 1992-2006 who were refugees and asylees, that were not counted in the annual numerical limit? So, he basically wants to overwrite the Visa Recapture bill, by saying that since we admitted 'refugees and asylees' which were outside the limit, then there is no need to recapture unused visas, since those unused numbers have already been offset by refugees and asylees.
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
naruto shippuden ultimate ninja storm 2. Naruto Shippuden: Ultimate
forgerator
09-27 10:21 PM
I think the longest wait I have ever seen is of my friend who entered the US in 1992. He did his Bachelors, then did some work on OPT, then did his Masters, then did some work on OPT, then tried to do PhD but couldnt finish it in , got a fulltime offer, worked on H1 then on extensions and finally got laid off in 2008 before his 485 could be filed. He had enough of it and finally said goodbye to US and left :) So that's 16yrs!
more...
naruto shippuden ultimate ninja storm 2. Ultimate Ninja Storm 2 is
jayleno
07-14 03:11 PM
Just dropped a check for $5. I hope all of the remaining members do the same.
naruto shippuden ultimate ninja storm 2. Ultimate Ninja Storm 2
9years
11-08 09:44 AM
Then there is nothing much we can do. We have to wait on them or checking LUDs on your I-485 case. I can understand your feelings. I wish you Best of Luck.
naruto shippuden ultimate ninja storm 2. Naruto Shippuden: Ultimate
SA EB3 Retro
08-13 03:28 PM
Signature has all relevant information.
CADude
07-04 03:18 PM
Contact your Senator regarding unprecedented move by the Department of State.
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
green_world
09-12 07:19 PM
How do I place the google order? This is going to be my first contribution..
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