bkn96
11-25 08:39 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
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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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***********
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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user1205
09-10 11:24 AM
Sent 5 minutes ago (google #904443494726037). I'll be calling people to ask for support in the next couple of days and hopefully we'll get closer to the 30k.
Go IV, so sorry I can't make it to DC.
Go IV, so sorry I can't make it to DC.
Libra
09-10 05:11 PM
thanks ssprof
2011 and Claire+danes+juliet
Junky
09-12 08:23 AM
Same loser MF AssHole give me a red with the remark. "gimme red!" for my following post
:D:D:D:D:D
:D:D:D:D:D
more...
kalyan
09-12 01:32 PM
count me .I cant come out of my Place till Oct 7'th.
If you want me in Some Rally, i will be there. I am'nt anonymous.
Looks like USCIS needs people who can do Math, SQL Developers, Business Process analysts
Lets help them out who in turn can help us
Lets volunteer to work with USCIS in any form or shape they need , like digging the records, streamlining data or any other matter.
If you want me in Some Rally, i will be there. I am'nt anonymous.
Looks like USCIS needs people who can do Math, SQL Developers, Business Process analysts
Lets help them out who in turn can help us
Lets volunteer to work with USCIS in any form or shape they need , like digging the records, streamlining data or any other matter.
p1234
09-14 05:47 PM
Dost.. tum to bade hi budhu ho.... dawa karao apne dimag ki.... ya ho sakta hai ki tum EB3 ho.
Needless to say.. u are not very intelligent.
I will see how you react when the entire 12 million illegals get chance to file in EB3 and your Eb3 bulletin dates goes to 1968.
Don't put EB3 down, you call yourself a doctorate and yet keep farting around.
Needless to say.. u are not very intelligent.
I will see how you react when the entire 12 million illegals get chance to file in EB3 and your Eb3 bulletin dates goes to 1968.
Don't put EB3 down, you call yourself a doctorate and yet keep farting around.
more...
stevestamps
08-20 06:33 PM
i have faced same problem in NC, we can't do anything unless we go out of country and get visa stamped in passport. rules have been changed in NC DMV since last year. i have visited 3-4 DMV's in NC, everyone told same thing.
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
2010 #claire danes #Teen bedroom
eb3retro
03-11 01:38 PM
I do not know if USCIS is going with receipt date or any procedure. My Receipt date is June 27, 2007. Notice date is August 9, 2007. My case is not touched either till now.
pls see my reply to gc please..
pls see my reply to gc please..
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kate123
08-23 08:38 AM
see below.. I think you should be OK.
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.
Is this memo in effect already or what? Can someone throw more light on this?
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.
Is this memo in effect already or what? Can someone throw more light on this?
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GCwaitforever
12-26 02:30 PM
http://www.cyrusmehta.com/News_Cyrus.asp?news_id=1426&intPage=85
II. News from the Department of Labor (�DOL�)
Progress at the Backlog Elimination Centers (�BEC�)
William Carlson, Administrator of the Office of Foreign Labor Certification, said that the BEC is on target for meeting its goal to clear up the backlog of Traditional and RIR cases by September 30, 2007. The BEC started with 365,000 cases that were filed prior to PERM. As of December 2006, 220,000 have been closed out and 142,000 are still pending. Of the pending cases, 59% are Traditional Applications and 41% are RIR Applications.
II. News from the Department of Labor (�DOL�)
Progress at the Backlog Elimination Centers (�BEC�)
William Carlson, Administrator of the Office of Foreign Labor Certification, said that the BEC is on target for meeting its goal to clear up the backlog of Traditional and RIR cases by September 30, 2007. The BEC started with 365,000 cases that were filed prior to PERM. As of December 2006, 220,000 have been closed out and 142,000 are still pending. Of the pending cases, 59% are Traditional Applications and 41% are RIR Applications.
more...
hebron
10-22 10:00 AM
Hi 9Years and VayuMahesh,
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
hot Juliet (Claire Danes)
permfiling
09-16 02:26 AM
Dear friends,
I made my first $100.00 contribution and would like to sign up for more. Google Order #834309558256739 .
I thank all the efforts of the members of immigrationvoice.org.
--From SF Bay Area
I made my first $100.00 contribution and would like to sign up for more. Google Order #834309558256739 .
I thank all the efforts of the members of immigrationvoice.org.
--From SF Bay Area
more...
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santb1975
05-23 10:29 PM
Thankyou for the contribution
Contributed $100 today.
Transaction ID: 6WL593393P795301W
Contributed $100 today.
Transaction ID: 6WL593393P795301W
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willIWill
12-10 07:12 PM
Repenting that i miised the chance, and should have applied at that time.
Even if you had applied then when single, no difference my friend.
One still needs to retain the H1 so their dependants could have the H4. So, until the dates open up again there is no end in sight for the other benefits such as EAD etc.
If it is any solace, you actually did not miss the boat!
Even if you had applied then when single, no difference my friend.
One still needs to retain the H1 so their dependants could have the H4. So, until the dates open up again there is no end in sight for the other benefits such as EAD etc.
If it is any solace, you actually did not miss the boat!
more...
pictures The role went to Claire Danes.
lazycis
11-20 05:59 PM
I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.
dresses Claire+danes+red+hair
whitecollarslave
04-30 02:31 PM
Can somebody post the link please?
more...
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jchan
09-10 10:00 AM
Looks like last night's particle accelerator experiement sent us back in time!:D
haha this is a good one :)
haha this is a good one :)
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smuggymba
08-23 09:14 AM
Only EB2-NIW (National Interest Waiver) even currently requires 10 years of work experience in the relevant field at the time of filing this is the category that does not require labor and van be self filed. The exceptional ability refers to Non US Masters folks Bachelors + 5 Years, now looks like this is bachelors + 10 years. The memo is currently not implemented Smuggymba I believe you should push your case in premium processing, probably you are not impacted though as you have a US masters (MBA). But there is no guarantee that they will not review all cases at the time of 485 once again. This memo / revised guidelines are indeed extremely scary. Kartikiran I agree with your thoughts about the direction in which things are moving.
oh it hurts....I just believed Kate and Bluekayal and became happy and now back to scary feeling.
oh it hurts....I just believed Kate and Bluekayal and became happy and now back to scary feeling.
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Jimi_Hendrix
11-30 01:10 AM
Day: Thursday, November 30,2006
Time: 7 PM PST
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
All new members including Thiru please dial in to the conference. Also new members please forward me your e-mail address at amitg_2000@hotmail.com
Time: 7 PM PST
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
All new members including Thiru please dial in to the conference. Also new members please forward me your e-mail address at amitg_2000@hotmail.com
485Mbe4001
07-20 06:35 PM
dont forget the fact that EAD and AP are issued for 12 months, you have to renew each year. It is recommended that you apply for EAD/AP renewal at least 180-90 days in advance to prevent periods where your current EAD has expired while you wait for the renewed one...welcome to the new nightmare, someone did say something about the grass been green on the other side..now that we are on the other side we wait for 485 to be current while we renew EAD/AP each year, fingerprint every 15 months and aviod the namecheck black hole...maybe this is what they(uscis) wanted after all...a steady income stream...good luck :)
July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.
Well it's done. Happy now?
......
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.
Well it's done. Happy now?
......
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
ragz4u
03-15 08:59 AM
The link you have sent has listed Dirksen 224 as the venue on the top left, while in the middle it does say
The Executive Business Meeting scheduled by the Committee on the Judiciary, for Wednesday, March 15, 2006 at 9:00 a.m., will take place in Dirksen Room 226.
There is no audio link for rroom 224 on capitolhearings.org....does anyone have any idea on where else can we can the audio from?
The Executive Business Meeting scheduled by the Committee on the Judiciary, for Wednesday, March 15, 2006 at 9:00 a.m., will take place in Dirksen Room 226.
There is no audio link for rroom 224 on capitolhearings.org....does anyone have any idea on where else can we can the audio from?
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