bkn96
11-25 10:52 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.
***********
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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alterego
10-07 01:28 PM
It seems that EB application in general have slowed down in October and especially this week. Of those, from data which appears to be the broadest sample available, most approvals seem to be EB2, very few EB3s, and few EB1s(possibly anemic demand due to economy, which augurs well for spillover eventually).Furthermore, less than half are EB2ROW.
Based on this observation, I think that the approvals coming out now represent those that remain on the IO desks from last month. They just slowed down their work rates. I think that they could care less about what we are doing to have our cases adjudicated. They have their way of doing things and nothing you say or do will change that. The latest thing they are telling public officials inquiring on your behalf is that they have a work flow which they will not interrupt. The issue is, their work flow is based on nothing but randomness. Those inquiring are those that have been badly screwed by their "work flow". They will not answer to why older PDs and RDs are being left behind while later ones are making the "work flow".
My guess is that the IO desks will slow things up until after the next VB, later this week, then, based on the current demand for EB2I, we will see some retrogression, exactly how much I do not know, but a few months probably, maybe to somewhere in mid 2004, and then they will request more batches of work based on that bulletin, which will then give them a more diverse(of origin and EB category) group of files for the rest of Oct. and Nov. than they got for Sept. and early Oct.
The Dec. bulletin will entirely be based on their internal decisions on whether to use spillover quarterly or not. If they decide to use it quarterly, then we will see a decent forward jump in PDs for EB2I, and if they decide not to, then PDs will languish in the mid 2004 time frame give or take a few months until the usual summer song and dance session next year.
The USCIS calls this efficiency. I wish these folks to be on the receiving end of their own treatment in their next life.
Based on this observation, I think that the approvals coming out now represent those that remain on the IO desks from last month. They just slowed down their work rates. I think that they could care less about what we are doing to have our cases adjudicated. They have their way of doing things and nothing you say or do will change that. The latest thing they are telling public officials inquiring on your behalf is that they have a work flow which they will not interrupt. The issue is, their work flow is based on nothing but randomness. Those inquiring are those that have been badly screwed by their "work flow". They will not answer to why older PDs and RDs are being left behind while later ones are making the "work flow".
My guess is that the IO desks will slow things up until after the next VB, later this week, then, based on the current demand for EB2I, we will see some retrogression, exactly how much I do not know, but a few months probably, maybe to somewhere in mid 2004, and then they will request more batches of work based on that bulletin, which will then give them a more diverse(of origin and EB category) group of files for the rest of Oct. and Nov. than they got for Sept. and early Oct.
The Dec. bulletin will entirely be based on their internal decisions on whether to use spillover quarterly or not. If they decide to use it quarterly, then we will see a decent forward jump in PDs for EB2I, and if they decide not to, then PDs will languish in the mid 2004 time frame give or take a few months until the usual summer song and dance session next year.
The USCIS calls this efficiency. I wish these folks to be on the receiving end of their own treatment in their next life.
leoindiano
10-07 01:52 PM
USCIS decided to take our $604 and give me an my wife APs in 9 days! They seem really efficient when they have to take money from us. But really slow when they have to approve GC applications (EB2, PD of Dec 2004). USCIS just seems to be interested in 'extortion' payments to employ USCIS staff - more a lawless mafia than a organization upholding the law!
BPositive, Sorry to hear that, I am about to apply for AP. My PD is nov 2004, EB2 -I . I am next in line to loose the money. Did you apply online?
BPositive, Sorry to hear that, I am about to apply for AP. My PD is nov 2004, EB2 -I . I am next in line to loose the money. Did you apply online?
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elaiyam
06-29 08:11 PM
Murthy's Flash News
http://www.murthy.com/nflash/nf_062907.html
We have received news from the American Immigration Lawyers Association (AILA) that they have reliable information that the July Visa Bulletin will be revised on Monday, July 2nd, or Tuesday, July 3rd. This Visa Bulletin is expected to retrogress many of the categories that were announced as being "Current" for July. It is expected that at least some of the categories will become completely "unavailable." The reason for this is that the USCIS apparently engaged in extraordinary efforts to approve cases in June, once there was some forward movement of the Visa Bulletin. They did this to try to avoid the tide of cases expected in July. Each green card approval uses one visa number. If the numbers are all used for the year, then the DOS will issue a revised Visa Bulletin reflecting "unavailable" in the particular category or categories.
more at
http://www.murthy.com/nflash/nf_062907.html
http://www.murthy.com/nflash/nf_062907.html
We have received news from the American Immigration Lawyers Association (AILA) that they have reliable information that the July Visa Bulletin will be revised on Monday, July 2nd, or Tuesday, July 3rd. This Visa Bulletin is expected to retrogress many of the categories that were announced as being "Current" for July. It is expected that at least some of the categories will become completely "unavailable." The reason for this is that the USCIS apparently engaged in extraordinary efforts to approve cases in June, once there was some forward movement of the Visa Bulletin. They did this to try to avoid the tide of cases expected in July. Each green card approval uses one visa number. If the numbers are all used for the year, then the DOS will issue a revised Visa Bulletin reflecting "unavailable" in the particular category or categories.
more at
http://www.murthy.com/nflash/nf_062907.html
more...
vikki76
10-22 07:50 PM
congratulations inderman!!!..enjoy your freedom.
gc_on_demand
09-09 02:41 PM
bump
more...
pansworld
07-15 05:06 PM
let's compile a list of famous immigrants like Albert Einstien, Henry Kissinger, Madalene Albright et al and change the face of what constitutes a legal immigrant. We need stories of doctors, scientists, engineers (the success of NASA) who were immigrants and benefited this country. That way we can fight the image of the immigrant as a low wage seeking will work for food kind of a worker being created by anti immigrants. Let Lou Dobbs fight history and deny it.
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eager_immi
06-25 07:49 AM
if she applied for H1B the first package the lawyer sumitted should have copies of her I-20 and EAD. Look through the package you may find a copy in it.
i think the card was mailed directly to us
not sure the University would have a copy
wondering if the employer would have kept one this long...
i think the card was mailed directly to us
not sure the University would have a copy
wondering if the employer would have kept one this long...
more...
axp817
09-10 12:11 PM
Got CPO email around 10.45 am today for both me and my wife. Big thanks to IV. Big thanks to Pappu, Jay, Aman, Anu ad all my wonderful IV friends. I will also continue supporting Iv and activities time to time.
Congratulations, Chandu! You've been very helpful on these forums, especially when it came to those goddamned wrongful 485 denials. So I'd like to thank you, and wish you the best for the future.
Congratulations, Chandu! You've been very helpful on these forums, especially when it came to those goddamned wrongful 485 denials. So I'd like to thank you, and wish you the best for the future.
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kaisersose
03-24 09:45 AM
As already answered in the previous post, it is all clearly laid out in the I-9.
more...
SunnySurya
08-23 11:35 AM
The congress has suggested the following to you, please keep the following companies in mind:
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Ben Bow Travel Inc.
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BMR Travel
311, Raritan Avenue, Highland Park, NJ 8904
(877)-267-8747, (732)-545-0411
Comfort Travel
Edison, NJ.
(732)-548-9600
Gateway Travel
1 Gateway Ctr. Newark, NJ 07102
(973)-624-4462
Gemini Travels
97, Main Street, Suite#201, Woodbridge, NJ 7095
(732)-326-0808
High Fly Travel
1389 Oak Tree Rd. Iselin, NJ 08830
(732)-985-5855
Mahan Travel
14 Path Plaza Jersey City, NJ 07306
(201)-656-6650
http://www.mahantravel.com
Mahan Travel
Edison, NJ.
(732)-603-8484
http://www.mahantravel.com
Metro Travel
1432 Oak Tree Road Iselin, NJ 08830
(732)-283-0200
Personal Travel
215 Nassau St. Princeton, NJ 08542
(609)-921-7575
Pooja Travel Service
43 Ocean Ave. Jersey City, NJ 07305
(201)-985-1710
Rupa Travel Services, Inc.
1939 Lincoln Hwy (Rt 27S), Edison, NJ 08817
(732)-572-5000
Sarko Travel
1340 Stelton Road, Piscataway, NJ 08854
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Travel Concepts
68 Mommaugh Rd., Oakhurst, NJ 07755
(732)-531-5200
Travel World
813 Newark Ave., Jersey City, NJ 07306
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Universal Tours & Travel
1 Penn Ave, Metuchen, NJ 8840
(732)-548-7778
Guys,
Just send the loud message" UNLESS YOU DO SOMETHING, WE ARE GOING BACK.".
Sri.
Aviation Travel
615 Pavonia Ave. Jersey City, NJ 07306
(201)-659-0334
Ben Bow Travel Inc.
25, Kinnelon Road, Kinnelon, NJ 7405
(800)-526-5366, (973)-838-1905
BMR Travel
311, Raritan Avenue, Highland Park, NJ 8904
(877)-267-8747, (732)-545-0411
Comfort Travel
Edison, NJ.
(732)-548-9600
Gateway Travel
1 Gateway Ctr. Newark, NJ 07102
(973)-624-4462
Gemini Travels
97, Main Street, Suite#201, Woodbridge, NJ 7095
(732)-326-0808
High Fly Travel
1389 Oak Tree Rd. Iselin, NJ 08830
(732)-985-5855
Mahan Travel
14 Path Plaza Jersey City, NJ 07306
(201)-656-6650
http://www.mahantravel.com
Mahan Travel
Edison, NJ.
(732)-603-8484
http://www.mahantravel.com
Metro Travel
1432 Oak Tree Road Iselin, NJ 08830
(732)-283-0200
Personal Travel
215 Nassau St. Princeton, NJ 08542
(609)-921-7575
Pooja Travel Service
43 Ocean Ave. Jersey City, NJ 07305
(201)-985-1710
Rupa Travel Services, Inc.
1939 Lincoln Hwy (Rt 27S), Edison, NJ 08817
(732)-572-5000
Sarko Travel
1340 Stelton Road, Piscataway, NJ 08854
(732)-777-9000
Travel Concepts
68 Mommaugh Rd., Oakhurst, NJ 07755
(732)-531-5200
Travel World
813 Newark Ave., Jersey City, NJ 07306
(201)-659-8844, (800)-278-2244
Universal Tours & Travel
1 Penn Ave, Metuchen, NJ 8840
(732)-548-7778
Guys,
Just send the loud message" UNLESS YOU DO SOMETHING, WE ARE GOING BACK.".
Sri.
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WaldenPond
02-22 08:16 PM
JUDICIARY
Wednesday, February 22, 2006
CongressDailyPM
Specter And Frist Eyeing Each Other's Immigration Efforts
Signaling that the immigration issue faces a tough fight, the Senate Judiciary Committee is planning to produce a wide-ranging bill, while Senate leaders are poised to write their own legislation. A senior GOP leadership aide said Majority Leader Frist is operating on "two tracks" on immigration, waiting to see what the Judiciary panel produces "while being ready to act in lieu thereof to meet member interest of action on this bill."Judiciary Chairman Specter sounded confident that his panel would produce a bill that would wind up on the Senate floor. "The idea of having a leadership bill ... has been abandoned," he said last week. His panel will begin marking up immigration legislation March 2. A chairman's mark expected to be introduced this week will resemble the mark Specter circulated last year, which borrows components from various immigration proposals. It included the border security provisions in the plan introduced by Sens. John Cornyn, R-Texas, and Jon Kyl, R-Ariz., as well as the guestworker plan introduced by Sens. John McCain, R-Ariz., and Edward Kennedy, D-Mass.
Specter has characterized the mark as a "starting point" for debate.
Frist has told colleagues he wants to begin floor debate in late March, likely March 27. Senate aides said whether the bill will be written by the committee or leadership depends on how the Judiciary Committee markup goes. "If the committee keeps the bill solid, and if it gets it done on time, Frist won't need to introduce anything," one GOP aide said.
Frist, while touring immigration detention centers Tuesday in Long Beach and Los Angeles, said he opposes giving illegal workers amnesty, but said it was too soon for him to take a position on a guestworker program, which is likely to be the most contentious component of an immigration bill and has divided Republicans. The House passed legislation last year toughening border security and requiring companies to verify the legal status of their employees. Unlike the House bill, the Senate bill is widely expected to include some version of a guestworker program. The program included in the Kennedy-McCain bill would allow illegal workers to join a temporary guestworker program, after which they could be eligible for permanent citizenship if they meet criteria and pay a fine. Under the Cornyn-Kyl plan, guestworkers ultimately would have to return to their home countries.-- by Emily Heil
Wednesday, February 22, 2006
CongressDailyPM
Specter And Frist Eyeing Each Other's Immigration Efforts
Signaling that the immigration issue faces a tough fight, the Senate Judiciary Committee is planning to produce a wide-ranging bill, while Senate leaders are poised to write their own legislation. A senior GOP leadership aide said Majority Leader Frist is operating on "two tracks" on immigration, waiting to see what the Judiciary panel produces "while being ready to act in lieu thereof to meet member interest of action on this bill."Judiciary Chairman Specter sounded confident that his panel would produce a bill that would wind up on the Senate floor. "The idea of having a leadership bill ... has been abandoned," he said last week. His panel will begin marking up immigration legislation March 2. A chairman's mark expected to be introduced this week will resemble the mark Specter circulated last year, which borrows components from various immigration proposals. It included the border security provisions in the plan introduced by Sens. John Cornyn, R-Texas, and Jon Kyl, R-Ariz., as well as the guestworker plan introduced by Sens. John McCain, R-Ariz., and Edward Kennedy, D-Mass.
Specter has characterized the mark as a "starting point" for debate.
Frist has told colleagues he wants to begin floor debate in late March, likely March 27. Senate aides said whether the bill will be written by the committee or leadership depends on how the Judiciary Committee markup goes. "If the committee keeps the bill solid, and if it gets it done on time, Frist won't need to introduce anything," one GOP aide said.
Frist, while touring immigration detention centers Tuesday in Long Beach and Los Angeles, said he opposes giving illegal workers amnesty, but said it was too soon for him to take a position on a guestworker program, which is likely to be the most contentious component of an immigration bill and has divided Republicans. The House passed legislation last year toughening border security and requiring companies to verify the legal status of their employees. Unlike the House bill, the Senate bill is widely expected to include some version of a guestworker program. The program included in the Kennedy-McCain bill would allow illegal workers to join a temporary guestworker program, after which they could be eligible for permanent citizenship if they meet criteria and pay a fine. Under the Cornyn-Kyl plan, guestworkers ultimately would have to return to their home countries.-- by Emily Heil
more...
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somegchuh
04-17 01:47 PM
Guys,
I have heard from friends that if after 90 days of applying you don't receive an EAD card, you can walk into a local USCIS office and they will issue you an EAD. Is this still true? If yes, what documentation do I need to take with me? Its been 2 months since I applied. Anybody know how long it is taking from NSC?
Thanks
I have heard from friends that if after 90 days of applying you don't receive an EAD card, you can walk into a local USCIS office and they will issue you an EAD. Is this still true? If yes, what documentation do I need to take with me? Its been 2 months since I applied. Anybody know how long it is taking from NSC?
Thanks
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drona
07-09 06:39 PM
The flowers must go to USCIS. Let them forward it to the hospital. We need them to go to USCIS to make the media story. I don't think they can intervene our orders.
more...
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alisa
04-17 07:36 PM
I think this must be publicised somehow.
Firstly, it would be tragic if the employers are alegally llowed to discriminate against AOS applicant with EAD cards. Hopefully, it is not allowed under the law.
And in that case, it should be publicised and brought up that it is illegal.
I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply.
If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.
Firstly, it would be tragic if the employers are alegally llowed to discriminate against AOS applicant with EAD cards. Hopefully, it is not allowed under the law.
And in that case, it should be publicised and brought up that it is illegal.
I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply.
If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.
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caliguy
10-21 07:25 PM
Yeah, I believe we still have people from 2004 waiting (and that includes me!!)
Here are some ways of contacting USCIS - Immigration: 12 Ways to Contact USCIS and FBI to Check Case Status (http://immigrationroad.com/green-card/contact-uscis-fbi.php#)
Good luck to all!
There are plenty of folks waiting approval like you including me as well... If your attorney has followed up with USCIS and if u have created an SR, thats probably the best you could do to let USCIS know that they shudn't b sitting on ur case...
Lets hope for the best.... Keep us updated if u see an LUD or get an update...
Here are some ways of contacting USCIS - Immigration: 12 Ways to Contact USCIS and FBI to Check Case Status (http://immigrationroad.com/green-card/contact-uscis-fbi.php#)
Good luck to all!
There are plenty of folks waiting approval like you including me as well... If your attorney has followed up with USCIS and if u have created an SR, thats probably the best you could do to let USCIS know that they shudn't b sitting on ur case...
Lets hope for the best.... Keep us updated if u see an LUD or get an update...
more...
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singhv_1980
01-28 01:46 PM
I came across a couple who got their H1B approvals last yr with in 3 weeks to each other. One of them was in PIMS and other one not. So I feel approval date does not seem to be a criteria to base these delays upon.:confused:
Good Luck to everyone including myself!:(
Good Luck to everyone including myself!:(
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SAPGURU
07-11 03:31 PM
http://www.ibnlive.com/videos/44667/immigrants-refused-green-cards-take-to-gandhigiri.html
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bomber
06-29 05:36 PM
If its mailed out today, then you are ok. Its the POSTMARKED date that is seen. So even if it reaches there in July, as long as it went OUT today, they will have to accept it under June's batch of applications coz it is postmarked in June (june 29).
logiclife,
thanks for taking time to look at an individual case in the middle of mass chaos.
I hope my attorney really mailed it as they told me yesterday "your appplication is in Fedex envelope already, to be sent out Friday morning for Monday delivery"
My problem is a little more complex than that. My lawyers kept telling me from Dec' 2003 that my LC was filed under EB-2 since I have a BS+5 ... When they filed I-140 last year which is still pending, they kept telling me it was under EB-2..... yesterday when I emailed to ask if my application was out, an associate told me that it was ready in the Fedex envelope and scheduled for pickup today morning and that they had kept it on hold because my PD was becoming current only on July 1st...
that was a surprise to me because I thought I was EB-2 and my date was current as of June 1st... she said she didn't know anything about that and that the lawyer had instructed her to put it on hold for shipping Friday morning....
May be some kind of confusion on her part.. otherwise why would they accept and start working on my case right after the june bulletin which was released in May..
Life is already so complex......
logiclife,
thanks for taking time to look at an individual case in the middle of mass chaos.
I hope my attorney really mailed it as they told me yesterday "your appplication is in Fedex envelope already, to be sent out Friday morning for Monday delivery"
My problem is a little more complex than that. My lawyers kept telling me from Dec' 2003 that my LC was filed under EB-2 since I have a BS+5 ... When they filed I-140 last year which is still pending, they kept telling me it was under EB-2..... yesterday when I emailed to ask if my application was out, an associate told me that it was ready in the Fedex envelope and scheduled for pickup today morning and that they had kept it on hold because my PD was becoming current only on July 1st...
that was a surprise to me because I thought I was EB-2 and my date was current as of June 1st... she said she didn't know anything about that and that the lawyer had instructed her to put it on hold for shipping Friday morning....
May be some kind of confusion on her part.. otherwise why would they accept and start working on my case right after the june bulletin which was released in May..
Life is already so complex......
nkavjs
09-19 01:31 PM
Did you by any chance speculated to him that application might be in TSC based on LUD on I140?
When he was noting down all my info, I mentioned about LUD on my I-140 (approved) for 8-5-07 and he said.. it does mean anything since they still need to mail applicants receipts no matter what stage is your application is processed under.
When he was noting down all my info, I mentioned about LUD on my I-140 (approved) for 8-5-07 and he said.. it does mean anything since they still need to mail applicants receipts no matter what stage is your application is processed under.
alanoconnor
09-28 06:31 PM
Call (in the morning) 1-800-375-5283 and follow this sequence: 1,2,2,6,1,1,1,3,4.
If the Immigration Officer is kind enough you can ask if the Name Check is cleared. If he/she says No, you can ask him/her the date it was sent to the FBI.
thank you for your info on calling uscis and requesting namecheck info.... i called them today, asked about FP 1 and if it had been sent out... they told me to wait for FP notice but they were able to check for name check info..... name check has passed..... 485 RD July 16 2007... thanks again for uscis contact info
If the Immigration Officer is kind enough you can ask if the Name Check is cleared. If he/she says No, you can ask him/her the date it was sent to the FBI.
thank you for your info on calling uscis and requesting namecheck info.... i called them today, asked about FP 1 and if it had been sent out... they told me to wait for FP notice but they were able to check for name check info..... name check has passed..... 485 RD July 16 2007... thanks again for uscis contact info
