bkn96
11-25 08:39 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
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***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
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mirage
08-04 04:53 PM
IV is you me and everybody else. We saw since morning how people are trying to scuttle the idea by giving various and weird reasonings. What is important is writing them. And telling them the gravity and urgency of the situations. words like bonded should be bolded as the truth is 'Yes' in this free American Society we have lived a 'bonded' life...
QuestGC
01-06 08:30 AM
A small but important correction in the above quote. Indian education is not a gift of the Brits. As a matter of fact history of eduction in India dates back to its cultural heritage. Nalanda university is considered to be the worlds first university. Correct me if I am wrong.
Yes. Nalanda Univerisyt is one of the oldest. If you consider the 80% of education system we follow, they are all gifted by brts.
Ex: English... the way we speak and use the language is like brit.
Irony,,, Nalanda University is being revamped (I think structure wise) by Japan government.
Yes. Nalanda Univerisyt is one of the oldest. If you consider the 80% of education system we follow, they are all gifted by brts.
Ex: English... the way we speak and use the language is like brit.
Irony,,, Nalanda University is being revamped (I think structure wise) by Japan government.
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unseenguy
02-13 10:54 PM
even after 60-70 years of my married life, I would able to take care of my parents. I dont need any one's permission for that.
If you or your parents live that long. So lets have 6-7 years as a check point @ 10% of the project ;)
If you or your parents live that long. So lets have 6-7 years as a check point @ 10% of the project ;)
more...
ItIsNotFunny
10-21 03:34 PM
Thank you for doing this.
Welcome. Anyways, someone can start with Z as I can only send to 5 people in one message.
Welcome. Anyways, someone can start with Z as I can only send to 5 people in one message.
priti8888
07-18 04:04 PM
I am still confused in regards to who whould be eligible for a visa number.
For instance (assumption:all other factors same for both A and B(name check, country etc)
Senario A
EB3
PD 2004
485 receipt date 2005
OR
Senario B
EB3
PD 2003
485 receipt date 2006
So under present circumstances when everything is current, who whould get alloted a visa number first??
For instance (assumption:all other factors same for both A and B(name check, country etc)
Senario A
EB3
PD 2004
485 receipt date 2005
OR
Senario B
EB3
PD 2003
485 receipt date 2006
So under present circumstances when everything is current, who whould get alloted a visa number first??
more...
GCBy3000
06-01 05:26 PM
Until the CIR becomes law, you can still file LC and 140. So do not assume anything.
Once your labor is cleared, you can get one year extn. If possible, try to file that one year extn before this becomes a law. Still this may not solve the issue other than postponing the issue.
So basically if this becomes law..Iam screwed..I am in my 30 day waiting period to file for my Labor in Jul-07 & want to get a 7th year extention in June-08. Am I reading it right?
thx
Once your labor is cleared, you can get one year extn. If possible, try to file that one year extn before this becomes a law. Still this may not solve the issue other than postponing the issue.
So basically if this becomes law..Iam screwed..I am in my 30 day waiting period to file for my Labor in Jul-07 & want to get a 7th year extention in June-08. Am I reading it right?
thx
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pappu
03-12 12:24 PM
I have been on a monthly contributions program that contributes every month to IV since JAN 2007. If this effort requires the money now, is there a way I can divert the monthly to this effort for the next 3 months. Or should I cancel my monthly contribution and just donate a lump sum for this effort?
If you have a continuing monthly contribution, just send us an email at info at immigrationvoice.org with your name , amount per month, IV ID and we will add you to the donor group after verification
If you have a continuing monthly contribution, just send us an email at info at immigrationvoice.org with your name , amount per month, IV ID and we will add you to the donor group after verification
more...
JunRN
09-11 10:39 PM
By the way, we can also send "relief goods" to Texas Center plus our letters of sentiment.
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RNGC
06-24 03:04 PM
Thanks...
Here is an article on contribution of Legal Immigrants to Social Security:
http://www.nfap.net/researchactivities/studies/SocialSecurityStudy2005.pdf
RNGC, excellent thread, looks like pessimistic folks have taking this thread for a ride.
America stands to loose in many ways. Here is why..
A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder�s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.
Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
This leads to reverse-brain drain phenomena who's effects to the economy are well documented.
Here is couple of NFAP study about
The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
Driving Jobs and innovation offshore:
http://www.nfap.com/pdf/071206study.pdf
Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.
Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.
EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.
Here is an article on contribution of Legal Immigrants to Social Security:
http://www.nfap.net/researchactivities/studies/SocialSecurityStudy2005.pdf
RNGC, excellent thread, looks like pessimistic folks have taking this thread for a ride.
America stands to loose in many ways. Here is why..
A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder�s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.
Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
This leads to reverse-brain drain phenomena who's effects to the economy are well documented.
Here is couple of NFAP study about
The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
Driving Jobs and innovation offshore:
http://www.nfap.com/pdf/071206study.pdf
Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.
Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.
EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.
more...
reddymjm
03-03 03:46 PM
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
Law never changed. Its how USCIS interprets it.
Law never changed. Its how USCIS interprets it.
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Dakota Newfie
03-18 09:08 AM
Someone correct me if I'm wrong, but I believe the "SSN Rule" is meant to keep the illegals form getting the rebate?? Ironically, a lot of them are working using "valid", although stolen, SSN numbers anyway so they'll probably still get it if the IRS doesn't have any other way of weening them out? Again, the legal immigrant community gets punished (indirectly) for the misgivings of the illegals. Just my rambling thoughts...:cool:
more...
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ashutrip
06-25 10:21 AM
As far as I know your country of origin doesn't matter under PERM. Correct me if I'm wrong.
No
No
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willwin
06-11 12:33 PM
How would I-140 approvals impact the availability of visa numbers and isnt spill over already happening,ie, removal of country caps, as we have seen last year,last quarter as well in July VB?
More I140 approvals (of those who have already filed their 485) means more 485 eligible to be adjudicated. Longer the queue and more efficient the USCIS is - slower the PD movement.
More I140 approvals (of those who have already filed their 485) means more 485 eligible to be adjudicated. Longer the queue and more efficient the USCIS is - slower the PD movement.
more...
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Desi Unlucky
09-11 09:50 PM
Here is my contribution.
Google Order #171518030739621 ($100)
Keep up the good work.
Google Order #171518030739621 ($100)
Keep up the good work.
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Totoro
05-02 09:33 AM
Hello,
Just wanted to let you know that I received my refund yesterday. My wife and I filed a joint return. We both have SSN's. Just relax folks if you filed your taxes you will receive the refund. I had hoped the money could have been put to better use but oh well the politicians know better.
PD Oct 2002 ROW
485 files in June 2007
Still waiting for that darn GC
If you both have SSNs, you WILL get the payment. However, if one person has an ITIN, nobody will get it.
Just wanted to let you know that I received my refund yesterday. My wife and I filed a joint return. We both have SSN's. Just relax folks if you filed your taxes you will receive the refund. I had hoped the money could have been put to better use but oh well the politicians know better.
PD Oct 2002 ROW
485 files in June 2007
Still waiting for that darn GC
If you both have SSNs, you WILL get the payment. However, if one person has an ITIN, nobody will get it.
more...
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ItIsNotFunny
07-06 02:25 PM
Guys,
Please stay away from hard language. Having suggestion for election is a completely acceptable but please lets not accuse anyone. If anyone needs accoutability, I don't IV Core people would have any issues to give you those in person. I know they are really really shy discussing them openly.
Please don't forget end goal, to have a fair GC process. Any suggestions for action items are encouraged like snathan has a nice action item suggested for visa re-stamping. Please support.
You don't need IV core's approval to do something good for community. They are only concerned when you use IV's name.
Please stay away from hard language. Having suggestion for election is a completely acceptable but please lets not accuse anyone. If anyone needs accoutability, I don't IV Core people would have any issues to give you those in person. I know they are really really shy discussing them openly.
Please don't forget end goal, to have a fair GC process. Any suggestions for action items are encouraged like snathan has a nice action item suggested for visa re-stamping. Please support.
You don't need IV core's approval to do something good for community. They are only concerned when you use IV's name.
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GOTGC
07-24 03:46 PM
EB5 doesn't need I-140. In fact EB5 does not apply with I-485, EB5 application# is I-526. Either we are missing out some crucial information on LuckyPaji's case or he is having little fun at our expense. They haven't even completed receipting June 29 cases. This guy is just playing with us or his dates are completely wrong.
Since it is absolutely impossible with EB3 Sep 2006 PD I thought he might have applied in a different category..Do not know the specifics of EB5...Incase what you said is true whatever that guy said is just a JOKE!
Since it is absolutely impossible with EB3 Sep 2006 PD I thought he might have applied in a different category..Do not know the specifics of EB5...Incase what you said is true whatever that guy said is just a JOKE!
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roorry
07-20 11:18 AM
Anybody have a link to the text of amendment. Are we sure, it had any text related to us ?
I guess this link provides the context of the ammendment...
http://cornyn.senate.gov/index.asp?f=record&lid=1&rid=237544
I guess this link provides the context of the ammendment...
http://cornyn.senate.gov/index.asp?f=record&lid=1&rid=237544
GayatriS
01-08 09:34 PM
Ok then why dont we teach some respect and humility to professor ji to show some respect for his country men as well..
what a harsh speech that was..seems like some personal anger against india and their colleges...
The only harsh thing he said was that Indian education was awful. Everything else he said was extremely positive especially when he talked about the amazing progress India is making. I think he said that because he was saying that India is racing ahead and Indians are very successful entrepreneurs. (I am not sure).
I clicked on the link section under the video and found the slides that go with this. I have no idea what this website is or what NGA is, but here is where you can download the slides -- http://innovationandprosperity.pbwiki.com/innovationandprosperityMonday
He has many interesting slides on immigration and seems to be fighting for our cause.
So if you want to get nationalistic and get upset over silly things go ahead!!!
I wish I could go to Duke University or Harvard. I could not get admission or afford it if I did.
what a harsh speech that was..seems like some personal anger against india and their colleges...
The only harsh thing he said was that Indian education was awful. Everything else he said was extremely positive especially when he talked about the amazing progress India is making. I think he said that because he was saying that India is racing ahead and Indians are very successful entrepreneurs. (I am not sure).
I clicked on the link section under the video and found the slides that go with this. I have no idea what this website is or what NGA is, but here is where you can download the slides -- http://innovationandprosperity.pbwiki.com/innovationandprosperityMonday
He has many interesting slides on immigration and seems to be fighting for our cause.
So if you want to get nationalistic and get upset over silly things go ahead!!!
I wish I could go to Duke University or Harvard. I could not get admission or afford it if I did.
Totoro
05-02 09:33 AM
Hello,
Just wanted to let you know that I received my refund yesterday. My wife and I filed a joint return. We both have SSN's. Just relax folks if you filed your taxes you will receive the refund. I had hoped the money could have been put to better use but oh well the politicians know better.
PD Oct 2002 ROW
485 files in June 2007
Still waiting for that darn GC
If you both have SSNs, you WILL get the payment. However, if one person has an ITIN, nobody will get it.
Just wanted to let you know that I received my refund yesterday. My wife and I filed a joint return. We both have SSN's. Just relax folks if you filed your taxes you will receive the refund. I had hoped the money could have been put to better use but oh well the politicians know better.
PD Oct 2002 ROW
485 files in June 2007
Still waiting for that darn GC
If you both have SSNs, you WILL get the payment. However, if one person has an ITIN, nobody will get it.
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