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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chanduv23
05-18 11:16 AM
I had another LUD on 05/18/2009 my I-485 case. Not sure what they are looking for in my file.
Those continuous LUDs are pre adjudication processes - means your name check status, other statuses. FP etc... are all processed.
Those continuous LUDs are pre adjudication processes - means your name check status, other statuses. FP etc... are all processed.
gc_kaavaali
07-14 05:53 PM
Come on guys!!! please contribute for good cause.
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santb1975
06-06 03:47 PM
We need to do this
more...
andy garcia
10-01 03:10 PM
What is the relationship of 480K to 366K = 140K (EB) + 226 (FS)?
Very interesting that FS (EB) can capture EB (FS) but can not capture FS (EB)!
Worldwide Limits
(a) FS Preference Limitation:
The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
Very interesting that FS (EB) can capture EB (FS) but can not capture FS (EB)!
Worldwide Limits
(a) FS Preference Limitation:
The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
hydubadi
03-04 02:13 PM
Hello All,
NSC --> EB2 I Oct 2006 -->485 June 2007 filer --> LUD on mine 03/03/2009 --LUD and RFE on my wifes 03/04/2009 (RFE email from USCIS says: Current Status: Request for Additional Evidence Sent not sure what it evidence they need, recently we have made name change amendment on EAD for my wife, I am assuming it should be related to that, will wait and see till we can hard copy of RFE)
Thanks,
Hope we all get our GC soon!!!
NSC --> EB2 I Oct 2006 -->485 June 2007 filer --> LUD on mine 03/03/2009 --LUD and RFE on my wifes 03/04/2009 (RFE email from USCIS says: Current Status: Request for Additional Evidence Sent not sure what it evidence they need, recently we have made name change amendment on EAD for my wife, I am assuming it should be related to that, will wait and see till we can hard copy of RFE)
Thanks,
Hope we all get our GC soon!!!
more...
485Mbe4001
08-13 05:14 PM
Thank you. you are one of the very few, i commend you on your post and support.
The last couple of VBs have brought out the worst amongst us, so much for together we stand, after reading the posts, it was more like 'you stand while i climb over you' :)
I started a thread couple of weeks back. It met an untimely death because of lack of participation from people. Just to revive your memory :
http://immigrationvoice.org/forum/showthread.php?t=20406
Today we are here almost on the verge of disintegration as an organization. And this is because we always believed in our minds that we are nothing but a bunch of opportunists coming together for our individual cause of getting a GC. What we see today is an outcome of what we always believed. Soon EB2 will disappear, and EB3 will be left alone fighting for their GC's. And at some point of time they will also go away, all that's left will be "guests" using IV as a discussion forum. May be what I suggested can be termed as "Quixotic" but unless we aim high, we will never reach high.
Guys, I am an EB2 with PD in 2004, but I will always stand together with you, no matter what. A GC for myself alone will never satisfy me, because number of my friends, my family members are in EB3, and I am not mean enough to celebrate for myself when majority of my friends and family members are sad.
The last couple of VBs have brought out the worst amongst us, so much for together we stand, after reading the posts, it was more like 'you stand while i climb over you' :)
I started a thread couple of weeks back. It met an untimely death because of lack of participation from people. Just to revive your memory :
http://immigrationvoice.org/forum/showthread.php?t=20406
Today we are here almost on the verge of disintegration as an organization. And this is because we always believed in our minds that we are nothing but a bunch of opportunists coming together for our individual cause of getting a GC. What we see today is an outcome of what we always believed. Soon EB2 will disappear, and EB3 will be left alone fighting for their GC's. And at some point of time they will also go away, all that's left will be "guests" using IV as a discussion forum. May be what I suggested can be termed as "Quixotic" but unless we aim high, we will never reach high.
Guys, I am an EB2 with PD in 2004, but I will always stand together with you, no matter what. A GC for myself alone will never satisfy me, because number of my friends, my family members are in EB3, and I am not mean enough to celebrate for myself when majority of my friends and family members are sad.
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gcnirvana
09-10 01:36 PM
Just completed a one-time contribution of $200 towards the rally. Its highly unfortunate that I will not able to come to the rally. But my contributions will continue in form of money and other efforts till our goals are reached.
Here is the confirmation on my paypal trx: 7F411123HE851093R
Go IV Go!!!
Here is the confirmation on my paypal trx: 7F411123HE851093R
Go IV Go!!!
more...
piperwarrior
07-23 05:09 PM
EB-2, National Interest Waiver, Indian
I-140 and I-485 applied together
RD: 9/30/05 (VSC, transferred to NSC)
ND: 10/16/05
PD: 9/30/05
FP: Initially done in Dec 05, then did it again in May 07 (not sure why twice)
AD: 7/23/07
I got the e-mail today as well. My PD is Sep 2005 and my I-485 receipt date was Sep 30, 2005.
I-140 and I-485 applied together
RD: 9/30/05 (VSC, transferred to NSC)
ND: 10/16/05
PD: 9/30/05
FP: Initially done in Dec 05, then did it again in May 07 (not sure why twice)
AD: 7/23/07
I got the e-mail today as well. My PD is Sep 2005 and my I-485 receipt date was Sep 30, 2005.
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ss1026
05-31 02:10 PM
Did get solved by Andrew Wiles in in the mid-nineties. To read about the history and drama behind this theorem, I suggest reading 'Fermat's Enigma' by Simon Singh. So I guess if that can be solved, PBEC could find a way out for all of us.
more...
EndlessWait
07-06 02:05 PM
My man,
Thats why you dont want this rumor to come true... ask your lawyer to sent it ASAP..
dude..i'm a straight guy..go find some other man....
and as much as i would like this rumour to come true (will create another lawsuit from 80% people who haven't filed).. i still wont give in...
finally..even if the lawsuit is filed..it would take years to settle by that time i hope and pray everyone gets to file..
Thats why you dont want this rumor to come true... ask your lawyer to sent it ASAP..
dude..i'm a straight guy..go find some other man....
and as much as i would like this rumour to come true (will create another lawsuit from 80% people who haven't filed).. i still wont give in...
finally..even if the lawsuit is filed..it would take years to settle by that time i hope and pray everyone gets to file..
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amitjoey
07-18 04:52 PM
Made a one time payment 3 days back of 100$. More to follow.
Cheers iV
Thanks so much vjkypally.
Cheers iV
Thanks so much vjkypally.
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fggc
07-23 09:27 PM
Dont mean to dampen your spirits, happy for the poster of this thread. Could have been lucky to get approved while people like me ( Sep 2003) PD waiting 485 filed 3 yrs ago.
anyway cheers -- go partying
I wish everyone here will get that magic email and be partying as well
anyway cheers -- go partying
I wish everyone here will get that magic email and be partying as well
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Winner
06-10 09:32 AM
IF you've not called already, the visa bulletin is probably a very good reason for you to call :
http://immigrationvoice.org/forum/showthread.php?t=19387
-V
Predicting and hoping that things will get better is not going to help. Lets take action. Please call the lawmakers if you have not done it already.
http://immigrationvoice.org/forum/showthread.php?t=19387
-V
Predicting and hoping that things will get better is not going to help. Lets take action. Please call the lawmakers if you have not done it already.
more...
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akp22
05-27 07:59 PM
$100 today
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dhesha
02-23 07:26 PM
What about TSC processing dates,is that wrong too.
I didnt ask that.
I didnt ask that.
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needhelp!
03-12 11:21 AM
Please send email to info@immigrationvoice.org
Pappu has addressed this in the original thread posted about Donor Forums.
Looks like it only tracks people who donated for FOIA
Pappu has addressed this in the original thread posted about Donor Forums.
Looks like it only tracks people who donated for FOIA
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anilsal
07-24 12:46 AM
Yeah, BEC was a great thing that happened to make everything a lottery IMHO.
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Raju
07-06 01:35 PM
66K plus 60K still only makes 126K, do they still have another 20K or so? How does the math tally here?
I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
In an effort to juggle all these issues, they screwed it all up.
Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a visa or on a green card straightforwardly. Thats what I am getting from all this.
There are about 18K CP cases.
I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
In an effort to juggle all these issues, they screwed it all up.
Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a visa or on a green card straightforwardly. Thats what I am getting from all this.
There are about 18K CP cases.
indio0617
03-09 12:28 PM
Guys a little confused.
How does removing the cap from Schedule A, benefit the rest of us?
Nurses from India, Phi also eat up EB3 numbers beyond their alloted .... My understanding is that they will not compete for any eB3 numbers after this...
How does removing the cap from Schedule A, benefit the rest of us?
Nurses from India, Phi also eat up EB3 numbers beyond their alloted .... My understanding is that they will not compete for any eB3 numbers after this...
despodude2002
07-21 05:49 PM
Any idea on how frequently such motions are voted on?
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