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,
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tejonidhi
07-14 01:40 PM
Here is the confirmation 7YB1J-BR7B7:)
rainy
09-09 03:44 PM
Contributed USD 200. Google Order #356296463228380.
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swamy
03-13 11:36 AM
i've been contributing for abt a year now so shldn't i be a senior donor?jk - im guessing its bcos of email-id confusion that im a mere sr member -when we started the michigan forum our leader suggested i get an yahoo id for the groups & then he himself subscribed with a gmail making me look stupid - anyway...not in michigan anymore so its ok
more...
dvrao4
09-15 06:44 PM
hi! i just contributed $100.00 via paypal transaction id is : 1GE522823P5726434
she81
04-30 02:14 PM
At the end of July. I'm not aware of National processing centers. Are there still labor applications stuck there?
more...
ksefiane
09-12 03:11 PM
Oops, I forgot to mention that the newsrooms that I contacted are all in VIRGINIA. Thanks!
Karima
Karima
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sareesh
07-16 12:44 PM
Mailed check yesterday.
Thanks,
SG.
Thanks,
SG.
more...
lost_in_migration
10-01 10:39 AM
EB must also get some additional visa numbers from FB as an 'interest' for these 'loaned' visas from EB to FB. Now we have to finalize the 'interest' rate. How about 100%? ;)
Thanks to Macaca, now we know that during the previous years some of the unused EB visas were effectively used for Family based GCs.
My question (and suggestion) is, can the reverse happen in 2007-2008?
I know, this is an opportunistic and shameless suggestion from my part. But the fact of the matter is, we are rightfully entitled to the same number of visa numbers that we effectively 'loaned' to the FB visa category in the previous years.
What is important is that this sort of give and take can happen with out any law change. We only need to cry louder than FB folks, and USCIS may give unused FB visas to EB category.
Thanks to Macaca, now we know that during the previous years some of the unused EB visas were effectively used for Family based GCs.
My question (and suggestion) is, can the reverse happen in 2007-2008?
I know, this is an opportunistic and shameless suggestion from my part. But the fact of the matter is, we are rightfully entitled to the same number of visa numbers that we effectively 'loaned' to the FB visa category in the previous years.
What is important is that this sort of give and take can happen with out any law change. We only need to cry louder than FB folks, and USCIS may give unused FB visas to EB category.
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chanduv23
05-15 09:52 PM
Looks like the effect of congressional office. I have soft LUDs on my I-485 and second MTR on 05/15/2009
Well, there you go. I am sure your congress liason will give you some good news next week.
Well, there you go. I am sure your congress liason will give you some good news next week.
more...
she81
07-24 06:52 PM
I am planning to call PBEC for my case. My recruitment was completed early this month but the lawyers haven't received a recruitment report instruction letter. I want to request them to at least send the letter since everything else is ready. Did anyone have any luck calling on their own? Or do they only want to speak with employer/attorney?
Although, filing 485 now doesn't seem possible in this narrow time frame... still want to give it a last shot.
Very much appreciate a response from someone.
Although, filing 485 now doesn't seem possible in this narrow time frame... still want to give it a last shot.
Very much appreciate a response from someone.
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vayumahesh
01-10 11:36 AM
Finally a happy ending to my green card journey. Received our cards on Saturday. Thank You IV and I wish all the best for everyone.
more...
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dog123
09-02 11:48 AM
Come here in 1999 on F1
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vkotval
07-17 11:57 PM
I think priority date is important only for using a visa number for a 485 application which has been adjudicated. What is the use of a 485 application pending processing even if the visa numbers are available for that PD.
more...
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pappu
08-02 11:38 AM
When you have these news articles ready...one of the easiest way to circulate them is using a news wire agency.
I have used http://www.prweb.com/ before for my company news releases. It is free and if you want a broader reach pay $80. It is very effective.
It is a good idea to release it when something related to immigration is going on in senate or house. During this time, all major news network pickup articles from these wires based on keywords like "immigration, border issue etc"
So make sure you add appropriate keywords when you do the release.
Thank you for the suggestion. Having a press release is a good idea when IV does something or any legislative event happens, IV can issue a press release at that time with an opinion.
I have used http://www.prweb.com/ before for my company news releases. It is free and if you want a broader reach pay $80. It is very effective.
It is a good idea to release it when something related to immigration is going on in senate or house. During this time, all major news network pickup articles from these wires based on keywords like "immigration, border issue etc"
So make sure you add appropriate keywords when you do the release.
Thank you for the suggestion. Having a press release is a good idea when IV does something or any legislative event happens, IV can issue a press release at that time with an opinion.
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GreenCard4US
09-14 05:36 AM
Who the hell are you EB2 people to decide that we cannot interfile? Anyway you guys can jump and crib, nothing is going to happen. There are some stupid morons arguing that Eb2's are more qualified, what a farce! Eb3 guys have been waiting longer than EB2 guys for the most part. EB3 people are going to file in EB2, that's the bottom line, you can start a thread, go around squealing!!!!
more...
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vallabhu
03-31 03:56 PM
Application date 26 th June 2004 just received the 45 day letter from Phil back log center.
responded via fax.
responded via fax.
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SFSweta
07-11 02:15 PM
Hmmm
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jonty_11
07-06 01:31 PM
Why USCIS suddenly did this press release? Something fishy?
see now this rumor is taking steam.....this would make james WAtt proud...
I think we are onto something here.
see now this rumor is taking steam.....this would make james WAtt proud...
I think we are onto something here.
sc3
09-14 11:08 AM
This is really sad. I dont expect Eb2s to understand EB3's plight, but to blame the EB2 backlogs on EB3, and the false accusation that we are getting EADs out of turn -- that is simply disgusting. While you are at it, why dont you blame EB3s for all the ills in the world, say the war in Iraq, Darfur issue, the gas prices, terrorism, the housing collapse in USA, Nazi genocide. Please feel free to explode the list at your will. You are obviously more wizened than EB3s, so we might be doing things without our knowledge.
I hope there is more and more EB3 interfiling, so that these "holier-than-thou" EB2s get their misplaced sense of superiority smashed to smithereens, and get to know the pain of waiting for long periods of time.
Most EB2 justify the need for getting their GCs sooner is because they have been here longer (throwing out numbers like 1995, and such). They dont even realize that the actual "wait counter" starts after filing for GC. If you could not hold on to a job or joined a job that did not sponsor your GC earlier. that is your fault. Not USCIS' not EB3s' yours. Get it. YOURS!.
If you are so special take some time to read the law. Labour substitution was not defined in the laws, which is why it got explicitly junked. PD porting is part of the law.
If you want to work on an action item work on 5882.
I hope there is more and more EB3 interfiling, so that these "holier-than-thou" EB2s get their misplaced sense of superiority smashed to smithereens, and get to know the pain of waiting for long periods of time.
Most EB2 justify the need for getting their GCs sooner is because they have been here longer (throwing out numbers like 1995, and such). They dont even realize that the actual "wait counter" starts after filing for GC. If you could not hold on to a job or joined a job that did not sponsor your GC earlier. that is your fault. Not USCIS' not EB3s' yours. Get it. YOURS!.
If you are so special take some time to read the law. Labour substitution was not defined in the laws, which is why it got explicitly junked. PD porting is part of the law.
If you want to work on an action item work on 5882.
indio0617
03-09 10:08 AM
another senator suggesting: institute a training fee for nurses like the H-1b training fee...
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