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  • RN_Usa
    07-31 11:41 AM
    Sens. Schumer and Hutchison have offered the Bridge amendment. It has a chance to pass, although the battle may be tough.

    The amendment is "on the floor" and could be acted on this afternoon.

    S.AMDT.2448 Amends: H.R.2638 , S.AMDT.2383 Sponsor: Sen Schumer, Charles E. [NY] (submitted 7/25/2007) (proposed 7/25/2007)


    UPDATE: The amendment has been withdrawn but that doesn't necessarily mean that it is permanently withdrawn. The issue seems to be whether or not the leaders will allow any amendments that touch immigration be offered on this bill.


    Pray for this bill to PASS.
    this is from http://hammondlawgroup.blogspot.com/




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  • keerthisagar
    05-07 12:08 PM
    Guys,
    I was very busy till today.
    I'll call all the #s tomorrow and let them know how important is the CIR for legal immigration, and how I am not able to buy a house, or start a company, as I have no greencard inspite of waiting for 8-10 years. Not to forget I am from India and it is severely backlogged. Also we have jobs, so we're not taking away anything.

    I have to be very brief. So please let me know if I'm missing any impo point.

    Just follow what pappu has said on the first page. We need to stay on message.




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  • Ram_C
    10-01 05:09 PM
    Let us wait for the statement from USCIS

    are they going to release one at all?




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  • maddipati1
    09-01 11:57 PM
    other options? u mean like Canada ?

    what life? do u have one? in Canada ? if u have, u wouldn't be on this US immi website posting stupid comments.

    sour grapes? feeling like jumped out too quick?

    feeling like NA GHAR KA NA GHAT KA ?

    :mad:

    EB3- I is finished pretty much. It is illogical now to expect GC even. Need to accept reality and look at other options in life.



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  • addsf345
    11-20 03:38 PM
    Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
    See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
    http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
    EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.

    See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:

    http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html

    "The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."

    Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o




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  • villamonte6100
    03-31 02:58 PM
    Dude, easy, take care of your heart, you might get a heartattack.

    They have processed millions of applications and GCs already.

    I am as frustrated as you are, but I am sure they have a system and management in place. Call it crappy or not.





    Their objective is to provide service to the customers, we are their customers, we are giving them exorbitent amount of money as fees. I don't know of any other Organization/Company who provides as crappy service as they do, what would you call their management then ???



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  • texanmom
    09-12 01:35 PM
    Macaca-

    If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!

    "Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
    This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
    So overall, we are talking 10+ years to get permanant residency in a majority of cases.

    "Skilled immigrants have waited patiently for 2+ years"
    Are we just talking about 2 yrs to see if there is going to be some reform?

    If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....




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  • desi3933
    08-04 03:28 PM
    I would request everybody to send out the mails ASAP. This will certainly help....
    ----------------
    Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...

    -------------------------------------------------------

    .................
    ................
    ................



    Did you go over points raised by internet in this post
    http://immigrationvoice.org/forum/showpost.php?p=271211&postcount=12



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  • casinoroyale
    03-18 10:49 AM
    http://www.irs.gov/app/espc/




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  • texanmom
    09-12 01:35 PM
    Macaca-

    If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!

    "Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
    This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
    So overall, we are talking 10+ years to get permanant residency in a majority of cases.

    "Skilled immigrants have waited patiently for 2+ years"
    Are we just talking about 2 yrs to see if there is going to be some reform?

    If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....



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  • 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,




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  • pani_6
    08-19 12:17 AM
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  • BharatPremi
    07-05 01:31 PM
    Guys,

    Yesterday I emailed the same to my senators (Tx)... Today I called one of the senator's office and the guy who was talking to me did not have any clue about the issue. So after explaining the issue I faxed the letter again, ofcourse to both senators office.



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  • jfredr
    07-24 12:11 PM
    Is it a credit card or Green card?

    both are good enjoy.




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  • ItIsNotFunny
    03-04 06:27 PM
    Sorry for being ignorant. How can we determine LUD (last update date) and what is meant my soft LUD ?

    You can check status of your case on line:

    https://egov.uscis.gov/cris/jsps/index.jsp

    It will show you "Last Updated Date". Soft LUD means status of case is not changed but they updated LUD, virtually means they touched your file.



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  • sparky_jones
    09-10 09:45 AM
    Looks like last night's particle accelerator experiement sent us back in time!:D




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  • manugee
    09-11 03:26 PM
    I managed to get a red-eye back from CA on Monday... so I will see you guys on Tuesday for the rally.


    Go IV,

    Manish Jain




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  • krish2005
    12-10 03:45 PM
    Its hurting to see that no major movements in jan bulletin. :mad:

    Sad story continues. Only EB3 moved by 1 month surprisingly.

    There is a chance that during this year, EB2 might become unavailable too.




    waitingmygc
    05-18 04:22 PM
    Hi Chanduv23,

    Thanks for the reply.

    Can you let all of us know the follwoing:

    1. What are the steps involved in to do everything right?
    2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
    3. If not then what are the disadvantages or if can't trust employer ?

    Please let us know about all the steps involved to switch employer by invoking AC-21?

    regards,
    waitingmygc




    jonty_11
    07-11 12:16 PM
    Now all those who have just become current...its lottery.!!!!

    See if you hit the jackpot by Aug End.



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