GCBy3000
07-24 06:07 PM
This is good information to know. If this is the case, then at least once in a year they have to make all the categories current. May be for September every year so that they do not waste any VISA numbers.
Per country quota is not applicable based on AC21 rule when it is current for every one. This is what happened due to the July visa bulletin fiasco. As they are honouring that bulletin, they are also forced to approve across all country
Per country quota is not applicable based on AC21 rule when it is current for every one. This is what happened due to the July visa bulletin fiasco. As they are honouring that bulletin, they are also forced to approve across all country
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murali3000
08-25 10:13 PM
Indian market is expected to go down till 2010 .
If the inflation does not improve, it may continue until 2014.
Next year in india we can expect home credit crisis ( like USA). - more chances with this current economy.
The current prices in Hyd ,Blore, Chennai are artifical booms. - it will come for a correction.
But for sure, if you buy a property you CANNOTexpect that to go up by 500 or 700 % up in a year.
But real estate is always a good investment in life.
And on your question - i think SBI you can get loan from here
If the inflation does not improve, it may continue until 2014.
Next year in india we can expect home credit crisis ( like USA). - more chances with this current economy.
The current prices in Hyd ,Blore, Chennai are artifical booms. - it will come for a correction.
But for sure, if you buy a property you CANNOTexpect that to go up by 500 or 700 % up in a year.
But real estate is always a good investment in life.
And on your question - i think SBI you can get loan from here
john2255
07-22 11:05 AM
Hello All,
I live inTexas and fall under Sen. Cornyn constituency. I faxed his Dallas and Washington Office this thank you letter. Everyone of us can send letter to their Senators. After all we are legal tax payers.... what u all say ???
Dear Sen. Cornyn,
Subject: Reintroduce Amendment No. 2339
I applaud your Amendment to provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses. I am one of those who are currently stuck in the muck of USCIS. I would like to request you to not give up on us. Please try to introduce another similar amendment to at least help USCIS clear the humongous backlog of Green Cards. We all really appreciate your help!
Regards,
Name
Tel #
Email ID
Good work greenme. The model of your letter is excellent. Everybody in the forum please follow the same model with necessary modifications and fax to their respective senators. Also please call to the senators office and let them know your opinion. Please refer about the bill and convey your opinion according to the particular senator's voting on the amendment. This is very important coz this will greatly influence them and stimulate them for further similar amendments. Please dont delay. Let us heat up the issue. The amendment shows the senators are already aware of unused employment visas of previous years. Lets take this oppurtunity.
I live inTexas and fall under Sen. Cornyn constituency. I faxed his Dallas and Washington Office this thank you letter. Everyone of us can send letter to their Senators. After all we are legal tax payers.... what u all say ???
Dear Sen. Cornyn,
Subject: Reintroduce Amendment No. 2339
I applaud your Amendment to provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses. I am one of those who are currently stuck in the muck of USCIS. I would like to request you to not give up on us. Please try to introduce another similar amendment to at least help USCIS clear the humongous backlog of Green Cards. We all really appreciate your help!
Regards,
Name
Tel #
Email ID
Good work greenme. The model of your letter is excellent. Everybody in the forum please follow the same model with necessary modifications and fax to their respective senators. Also please call to the senators office and let them know your opinion. Please refer about the bill and convey your opinion according to the particular senator's voting on the amendment. This is very important coz this will greatly influence them and stimulate them for further similar amendments. Please dont delay. Let us heat up the issue. The amendment shows the senators are already aware of unused employment visas of previous years. Lets take this oppurtunity.
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axp817
12-02 03:15 PM
So I had another set of soft LUDs on my approved 140, 485, approved EAD and approved AP today. This was the 4th LUD on my 485 and the 3rd LUD on the rest of the applications in the past week, and I was losing my mind worrying about receiving a denial or an RFE just before my trip abroad, leaving me with not enough time to respond to the RFE.
So I decided to call Customer Service, and after trying a million options on the voice prompt I finally managed to reach the Nebraska Service Center.
Upon inquiring about the LUDs with no status change, I was told that it was triggered due to the attorney name change and address change. My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address. But anyway, the lady on the phone was kind enough to change it to the new address. I didn't bother asking her if they had received the AC21 letter, I wasn't going to take the risk of having to argue with someone on the phone that switching employers is allowed under the AC21 law, etc. I was just happy to find out that the G28N had processed successfully and that I didn't have to expect a denial or RFE at least in the near future.
Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.
Thanks,
So I decided to call Customer Service, and after trying a million options on the voice prompt I finally managed to reach the Nebraska Service Center.
Upon inquiring about the LUDs with no status change, I was told that it was triggered due to the attorney name change and address change. My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address. But anyway, the lady on the phone was kind enough to change it to the new address. I didn't bother asking her if they had received the AC21 letter, I wasn't going to take the risk of having to argue with someone on the phone that switching employers is allowed under the AC21 law, etc. I was just happy to find out that the G28N had processed successfully and that I didn't have to expect a denial or RFE at least in the near future.
Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.
Thanks,
more...
nsrao01
06-29 02:07 PM
Guys,
I am also one of you guys; applied in APR'07 and still waiting for my approval; what do you think guys what dates they are processsing:
Aany inputs would be great help.
Thank you
Rao
PD: APR'07
I am also one of you guys; applied in APR'07 and still waiting for my approval; what do you think guys what dates they are processsing:
Aany inputs would be great help.
Thank you
Rao
PD: APR'07
ANGEL
07-31 12:46 AM
Icedgin,
thank you for thinking of me too.i hope whatever it is will work on our benefit.i will let you know too once i bump into something exciting.
angel
thank you for thinking of me too.i hope whatever it is will work on our benefit.i will let you know too once i bump into something exciting.
angel
more...
anilsal
07-16 07:13 AM
of why IV is an organization of its members and THEY make IV's campaigns successful.
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pankajkakkar
08-08 12:17 PM
Stuck for years
In the debate over illegal immigration, don't forget the many legal immigrants waiting for their turn.
by Pankaj Kakkar
Legislators in Congress are as divided over the issue of illegal immigration as Americans are. Opinions are strong, debate is passionate, and no end is in sight. Proponents of quick reform, from both sides of the divide, stress the urgency of the issue and the need for a solution soon. In this debate, however, the plight of legal immigrants is forgotten.
The path to legally acquiring US residency and eventual citizenship is long and unnecessarily complicated, yet many deserving immigrants attempt it every year. Legal immigrants are roughly divided into two categories - family based immigrants and employment based immigrants. These immigrants face years of waiting due to anachronistic laws, discriminatory quotas, onerous bureaucratic hurdles and paper files needlessly being pushed through the system. They also face mounting legal and other tangible and intangible costs. Through all this, they work hard, pay their taxes, and live upright, lawful lives. It is in the interest of the United States as a whole, and Americans individually, to expedite the immigration process for both employment based and family based immigrants.
The benefits are easier to see for employment based immigration. This category has attracted the best researchers and entrepreneurs of the world for the last half century. Immigrants from this category have started companies that employ hundreds of thousands of Americans (with some of these companies featured in the Fortune 500 list). Others have done research and invented technologies that have earned them the highest awards in their fields, such as the Nobel Prize. Even those who haven't been as successful have been an indispensable part of America's economic growth and progress, especially in technology, over the last half century. In my country of birth, India, the phenomenon of the best minds leaving for the US was called the "brain drain" - it isn't hard to see that India's "brain drain" is but America's "brain gain".
Family based immigrants also benefit the US, although in less economically tangible ways. The best minds of the world, immigrating to the US through the first category, would be most comfortable and most productive in an environment where they're close to their family. These family members themselves contribute to American society by being productive, law abiding, and patriotic citizens.
Typical legal immigrants have to wait 5-10 years, and some family based immigrants as long as 20-25 years, before they can even get a Green Card, after which another 5 year wait for acquiring citizenship ensues. These long waits have already persuaded several potential immigrants, many of whom could have been founders of Fortune 500 companies or Nobel Prize winners themselves, to go back to their countries of origin. Quite a few have also immigrated or are considering immigrating to countries where immigration laws are friendlier and less bureaucratic, such as Canada, Ireland and the U.K. While legal immigrants benefit the United States greatly, America does them, and herself, a disservice by making them suffer through an interminable immigration process and countless bureaucratic hurdles. America can and should do right by them.
Congressman Shadegg (R-AZ) has introduced a bill, called the SKIL (Securing Knowledge, Innovation and Leadership) Act, in the House of Representatives. This bill, which has 9 Republican co-sponsors, including Congressman Mike Pence (R-CO), a leader on the issue of immigration, will significantly ameliorate the wait times and hurdles that legal immigrants face, while also benefiting the American economy by making sure that the technology leaders of tomorrow innovate and invent in the United States, and not elsewhere in the world. A similar bill has already passed the Senate. The House should consider it soon, and pass it as well.
=================
Added by pappu
Published on oct 02, 2006
http://immigrationvoice.org/forum/showthread.php?p=27239#post27239
http://news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f
news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f
In the debate over illegal immigration, don't forget the many legal immigrants waiting for their turn.
by Pankaj Kakkar
Legislators in Congress are as divided over the issue of illegal immigration as Americans are. Opinions are strong, debate is passionate, and no end is in sight. Proponents of quick reform, from both sides of the divide, stress the urgency of the issue and the need for a solution soon. In this debate, however, the plight of legal immigrants is forgotten.
The path to legally acquiring US residency and eventual citizenship is long and unnecessarily complicated, yet many deserving immigrants attempt it every year. Legal immigrants are roughly divided into two categories - family based immigrants and employment based immigrants. These immigrants face years of waiting due to anachronistic laws, discriminatory quotas, onerous bureaucratic hurdles and paper files needlessly being pushed through the system. They also face mounting legal and other tangible and intangible costs. Through all this, they work hard, pay their taxes, and live upright, lawful lives. It is in the interest of the United States as a whole, and Americans individually, to expedite the immigration process for both employment based and family based immigrants.
The benefits are easier to see for employment based immigration. This category has attracted the best researchers and entrepreneurs of the world for the last half century. Immigrants from this category have started companies that employ hundreds of thousands of Americans (with some of these companies featured in the Fortune 500 list). Others have done research and invented technologies that have earned them the highest awards in their fields, such as the Nobel Prize. Even those who haven't been as successful have been an indispensable part of America's economic growth and progress, especially in technology, over the last half century. In my country of birth, India, the phenomenon of the best minds leaving for the US was called the "brain drain" - it isn't hard to see that India's "brain drain" is but America's "brain gain".
Family based immigrants also benefit the US, although in less economically tangible ways. The best minds of the world, immigrating to the US through the first category, would be most comfortable and most productive in an environment where they're close to their family. These family members themselves contribute to American society by being productive, law abiding, and patriotic citizens.
Typical legal immigrants have to wait 5-10 years, and some family based immigrants as long as 20-25 years, before they can even get a Green Card, after which another 5 year wait for acquiring citizenship ensues. These long waits have already persuaded several potential immigrants, many of whom could have been founders of Fortune 500 companies or Nobel Prize winners themselves, to go back to their countries of origin. Quite a few have also immigrated or are considering immigrating to countries where immigration laws are friendlier and less bureaucratic, such as Canada, Ireland and the U.K. While legal immigrants benefit the United States greatly, America does them, and herself, a disservice by making them suffer through an interminable immigration process and countless bureaucratic hurdles. America can and should do right by them.
Congressman Shadegg (R-AZ) has introduced a bill, called the SKIL (Securing Knowledge, Innovation and Leadership) Act, in the House of Representatives. This bill, which has 9 Republican co-sponsors, including Congressman Mike Pence (R-CO), a leader on the issue of immigration, will significantly ameliorate the wait times and hurdles that legal immigrants face, while also benefiting the American economy by making sure that the technology leaders of tomorrow innovate and invent in the United States, and not elsewhere in the world. A similar bill has already passed the Senate. The House should consider it soon, and pass it as well.
=================
Added by pappu
Published on oct 02, 2006
http://immigrationvoice.org/forum/showthread.php?p=27239#post27239
http://news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f
news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f
more...
WeShallOvercome
07-05 01:52 PM
Good job pcs !!
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
I met the local office of my Congressman with the following documents to make it easy & simple..
A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )
A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.
Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July
Above was good enough to convince them regarding the mess & they promised action on their part..
IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS
NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION
This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.
I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date
Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.
Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony
Since your butt is on fire like mine.... I do not think I need to convince you to act on this
Best wishes
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
I met the local office of my Congressman with the following documents to make it easy & simple..
A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )
A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.
Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July
Above was good enough to convince them regarding the mess & they promised action on their part..
IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS
NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION
This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.
I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date
Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.
Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony
Since your butt is on fire like mine.... I do not think I need to convince you to act on this
Best wishes
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mirage
08-04 03:23 PM
I never give any red or green dot to anybody nor do I care what I have. As, you said what you felt was right, other users did the same to you...
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
more...
Libra
09-13 09:05 PM
thank you bala, you guys are awesome. now give chance to other members to contribute. :D
Here is my shot. Thank you ALL
Order Details - Sep 13, 2007 9:23 PM EDT
100$ Google Order #247249006321709
Order Details - Sep 13, 2007 9:23 PM EDT
100$ Google Order #247249006321709
Here is my shot. Thank you ALL
Order Details - Sep 13, 2007 9:23 PM EDT
100$ Google Order #247249006321709
Order Details - Sep 13, 2007 9:23 PM EDT
100$ Google Order #247249006321709
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indio0617
03-09 11:17 AM
Sen says: should make methods, process easy for employment authorization...
They have at least steered off the illegal immig issues for now...:)
They have at least steered off the illegal immig issues for now...:)
more...
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marwan234
08-24 01:07 PM
My wife is on H4, i'm on H1B. She applied for DL renewal and was renewed for 1 yr.
They accepted visa, passport, i-94, and H4 renewal receipt notice.
They gave her one year from receipt notice.
What a relief. i was worried they would not accept it.
That was in Sterling VA DMV.:)
They accepted visa, passport, i-94, and H4 renewal receipt notice.
They gave her one year from receipt notice.
What a relief. i was worried they would not accept it.
That was in Sterling VA DMV.:)
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BRK
05-05 02:47 PM
Good job!
I was able to call few too and left messages for each.
Hopefully some kind of progress and approval is achieved.
I will call the remaining senators on the list in the next few days.
I was able to call few too and left messages for each.
Hopefully some kind of progress and approval is achieved.
I will call the remaining senators on the list in the next few days.
more...
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indio0617
03-09 10:38 AM
Talking about real -id act....
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phigi
08-12 01:02 PM
Is it legal to pass the fee hike to the employee? or is it like the Fraud Prevention fee which is illegal to be passed on to the employee..?
this will change the equation until companies assimilate this in and find the work around! well, it definitely eats into their 'profit' i guess!
this will change the equation until companies assimilate this in and find the work around! well, it definitely eats into their 'profit' i guess!
more...
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champak3
06-17 08:07 AM
what is your PD?
not sure why is this question imp , but it's nov 2006 .....
not sure why is this question imp , but it's nov 2006 .....
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kevinkris
06-05 02:46 PM
Instead of giving like that why don't IV open a "IV Store" and sell T-shirts for 100 or 200$ ?
we can use
http://www.cafepress.com/ or other sites which provide this service.
Great Idea conchshell !!
I am keeping an eye on the funding drive... and it seems that there is progress but somewhat slow. I think we need new ideas to promote the same. What about giving IV T-Shirts to all those who contribute $100+ for our 20K to 50K drive?
we can use
http://www.cafepress.com/ or other sites which provide this service.
Great Idea conchshell !!
I am keeping an eye on the funding drive... and it seems that there is progress but somewhat slow. I think we need new ideas to promote the same. What about giving IV T-Shirts to all those who contribute $100+ for our 20K to 50K drive?
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venkygct
09-11 08:44 PM
pstvak,
We do have sponsorships available. Please vote in the following poll and let us know your requirement. We will assist you
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
--Venky
I support this great org. Difficult to travel from WA with famliy and kid.
Contributed 100$. Google Order #204480874815294
Regards
We do have sponsorships available. Please vote in the following poll and let us know your requirement. We will assist you
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
--Venky
I support this great org. Difficult to travel from WA with famliy and kid.
Contributed 100$. Google Order #204480874815294
Regards
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,
perm
07-20 04:10 PM
Hilary and Obama said NO to Legal Immigration...
MCcain said YES...
Choice is yours..
i Will vote for his (MCcain) great great grandson when I get citizenship (and if I am alive)
MCcain said YES...
Choice is yours..
i Will vote for his (MCcain) great great grandson when I get citizenship (and if I am alive)
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