prioritydate
09-27 06:55 PM
Do you what you are talking about? One more term for GOP is a disaster. McCain would do nothing but spending more money on Iraq. There is no policy for John McCain. His only aim to continue Iraq war for 4 more years, and if possible, another four more years. They DON'T support same sex marriages. Remember! they are conservatives for God's sake. Republican party is good for oil companies and big corporates. For normal people like us, and specially for an immigration community, it would be an irreversible damage.
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CADude
11-06 03:40 PM
Wow.. Applicants are waiting since 2002 and Govt Agency know it but don't do anything. Shame on you FBI NNCP :mad:
Check this:
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf
Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI�s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang�s background check is not
unreasonable. There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang�s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (�[I]t is
not the place of the judicial branch to weigh a plaintiff�s clear
right to administrative action against the agency�s burdens in
complying.�).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications, Congress has by
statute expressed its view of what a reasonable amount of time is:
�It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.� 8 U.S.C. � 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs� applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang�s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
While this would
be unfortunate, Defendants� failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs� motion.
While Defendants worry that
granting Plaintiffs relief may reward �the more litigious
applicants� or encourage other applicants to file lawsuits,
�perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants�
need to resort to the courts for redress.� Dong, 2007 WL 2601107
at *12.
Check this:
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf
Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI�s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang�s background check is not
unreasonable. There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang�s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (�[I]t is
not the place of the judicial branch to weigh a plaintiff�s clear
right to administrative action against the agency�s burdens in
complying.�).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications, Congress has by
statute expressed its view of what a reasonable amount of time is:
�It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.� 8 U.S.C. � 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs� applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang�s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
While this would
be unfortunate, Defendants� failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs� motion.
While Defendants worry that
granting Plaintiffs relief may reward �the more litigious
applicants� or encourage other applicants to file lawsuits,
�perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants�
need to resort to the courts for redress.� Dong, 2007 WL 2601107
at *12.
Chiwere
08-20 12:08 PM
I checked my Vonage account which I have had for 3 years now - I was on a Premium unlimited plan for $24.99 I found out on logging in today. Changed to World plan just now for no charge. It's Awesome. Thanks to OP!
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pappu
06-20 04:07 PM
some tips from Susan Henner:
Although the principal employment-based categories are current for
July,
future retrogression is indeed possible later this fiscal year,
particularly
if demand for immigrant visas increases substantially. Visa numbers
can
retrogress in the middle of a month and become unavailable without any
prior
notice. If there is a mid-month retrogression, USCIS could elect to
stop
accepting adjustment applications. While this is unlikely to occur in
July
2007, it becomes more and more possible as the fiscal year progresses.
It seems that cases not completed before any future retrogression will
be
held in abeyance until priority dates again become current. Having an
adjustment on file, even if the case is in abeyance, allows for
eligibility
of work authorization and advance parole, and may be particularly
critical
in circumstances where there are children who may reach the age of 21
during
the process.
An applicant for adjustment of status MUST be in the United States in
order
to be eligible to file. Overseas spouses of adjustment applicants
should
be encouraged to enter or reenter the United States as soon as possible
in
order to be included in the principal's adjustment application.
H-1B and L-1 nonimmigrants may maintain H or L status while their
adjustment
of status applications remain pending.
Whenever possible an adjustment application should be filed
concurrently
with an I-140. This is permitted as long as the visa priority date is
current. Even if priority dates retrogress after filing, the I-485
will be
placed in abeyance and remain pending, although it cannot be approved
until
the priority date is current again. Yet extensions of work
authorization
and advance parole may be obtained during this period.
It may be advisable to file I-140s by premium processing if available
for
the employment-based immigrant category. This may hasten the issuance
of an
approval and may also increase the possibility that an adjustment
application could be approved and an immigrant visa number captured
prior to
the end of the current fiscal year or before any future visa
retrogression.
Although the principal employment-based categories are current for
July,
future retrogression is indeed possible later this fiscal year,
particularly
if demand for immigrant visas increases substantially. Visa numbers
can
retrogress in the middle of a month and become unavailable without any
prior
notice. If there is a mid-month retrogression, USCIS could elect to
stop
accepting adjustment applications. While this is unlikely to occur in
July
2007, it becomes more and more possible as the fiscal year progresses.
It seems that cases not completed before any future retrogression will
be
held in abeyance until priority dates again become current. Having an
adjustment on file, even if the case is in abeyance, allows for
eligibility
of work authorization and advance parole, and may be particularly
critical
in circumstances where there are children who may reach the age of 21
during
the process.
An applicant for adjustment of status MUST be in the United States in
order
to be eligible to file. Overseas spouses of adjustment applicants
should
be encouraged to enter or reenter the United States as soon as possible
in
order to be included in the principal's adjustment application.
H-1B and L-1 nonimmigrants may maintain H or L status while their
adjustment
of status applications remain pending.
Whenever possible an adjustment application should be filed
concurrently
with an I-140. This is permitted as long as the visa priority date is
current. Even if priority dates retrogress after filing, the I-485
will be
placed in abeyance and remain pending, although it cannot be approved
until
the priority date is current again. Yet extensions of work
authorization
and advance parole may be obtained during this period.
It may be advisable to file I-140s by premium processing if available
for
the employment-based immigrant category. This may hasten the issuance
of an
approval and may also increase the possibility that an adjustment
application could be approved and an immigrant visa number captured
prior to
the end of the current fiscal year or before any future visa
retrogression.
more...
docusmle
05-22 11:06 AM
Hi All!
I have my 140 approved ,in order to apply for I485 do I need stamped H1 visa in my passport?
I dont have my H1 stamped since 2003 ,I have I 94 valid until oct.2007.
then accordingly we can go to canda or my country to get it stamped the earliest,if it is mandatory.
Your input is appreciated.
Thank you.
I have my 140 approved ,in order to apply for I485 do I need stamped H1 visa in my passport?
I dont have my H1 stamped since 2003 ,I have I 94 valid until oct.2007.
then accordingly we can go to canda or my country to get it stamped the earliest,if it is mandatory.
Your input is appreciated.
Thank you.
baburob2
01-10 12:59 PM
Look below as to what is happening in the senate congress:
source: http://www.numbersusa.com
Sen. Specter Busy Adding Massive Foreign Guestworker Program to House Enforcement Bill
Just before Christmas, an overwhelming bi-partisan majority attached strong amendment after another to H.R. 4437 before passing this tough immigration enforcement bill AND legal immigration reduction bill. Click here to read all about what the bill does and how it was passed. Senate leaders now plan to pass their own immigration bill before March. The two bills will then go into a joint Conference Committee of negotiators who will create a compromise bill that goes back to both chambers of Congress for a final vote. It is expected that Senate Judiciary Chairman Arlen Specter (R-PA) will attempt to force backers of tough immigration enforcement to accept amnesty and guestworker programs as the only way that he will allow a crackdown on illegal immigration. Sen. Specter is expected to begin executing his plan this week with the hope of having it all in place for when he anticipates his committee will pass the amnesty/guestworker bill in early February. Based on his sneak efforts in November, also anticipate that Sen. Specter will slip into the bill major increases in permanent green cards. For some reason, Sen. Specter and his staff have come to believe that no matter how outrageous their efforts for creating open borders and flooding American communities with foreign workers that the public won't really pay that much attention to them. (In November, he added 350,000 permanent worker slots EACH YEAR to the Budget Reconciliation bill. Fortunately, House leaders forced every single one of those slots out of the bill before final passage.) Click here to read more
source: http://www.numbersusa.com
Sen. Specter Busy Adding Massive Foreign Guestworker Program to House Enforcement Bill
Just before Christmas, an overwhelming bi-partisan majority attached strong amendment after another to H.R. 4437 before passing this tough immigration enforcement bill AND legal immigration reduction bill. Click here to read all about what the bill does and how it was passed. Senate leaders now plan to pass their own immigration bill before March. The two bills will then go into a joint Conference Committee of negotiators who will create a compromise bill that goes back to both chambers of Congress for a final vote. It is expected that Senate Judiciary Chairman Arlen Specter (R-PA) will attempt to force backers of tough immigration enforcement to accept amnesty and guestworker programs as the only way that he will allow a crackdown on illegal immigration. Sen. Specter is expected to begin executing his plan this week with the hope of having it all in place for when he anticipates his committee will pass the amnesty/guestworker bill in early February. Based on his sneak efforts in November, also anticipate that Sen. Specter will slip into the bill major increases in permanent green cards. For some reason, Sen. Specter and his staff have come to believe that no matter how outrageous their efforts for creating open borders and flooding American communities with foreign workers that the public won't really pay that much attention to them. (In November, he added 350,000 permanent worker slots EACH YEAR to the Budget Reconciliation bill. Fortunately, House leaders forced every single one of those slots out of the bill before final passage.) Click here to read more
more...
indrachat_75
06-27 04:10 PM
Regarding line 3c in I-485 form, if someone is a member of non-profit organization, do we need to mention that ?
Indra
Can someone answer this ?
Thanks
Indra
Can someone answer this ?
Thanks
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rpulipati
07-11 07:12 AM
Criticism is good. You get to hear from more people and help to make better decisions.
After all, every one is equally concerned on such a sensitive issue.
Enjoy!
I saw posts of several members extremely skeptical of the whole idea, even went on calling it stupid, crazy and useless. Some made mockery suggesting sending dead fish etc. I don't see any more posts from them.
Keeping mum now are we, eh?:rolleyes:
After all, every one is equally concerned on such a sensitive issue.
Enjoy!
I saw posts of several members extremely skeptical of the whole idea, even went on calling it stupid, crazy and useless. Some made mockery suggesting sending dead fish etc. I don't see any more posts from them.
Keeping mum now are we, eh?:rolleyes:
more...
gc_chahiye
06-25 01:02 AM
cannot locate my wife's OPT card from 2003
all other documents for status are available
how important is that card?
any way to get a duplicate/copy??
you might be able to get a duplicate by contacting the college/university.
my case is somewhat similar, but I dont have that option: I was on L2-EAD and I cannot find that damn EAD card (needed for filing EAD based on I485). However I do have the older I-797 so can atleast prove status...
all other documents for status are available
how important is that card?
any way to get a duplicate/copy??
you might be able to get a duplicate by contacting the college/university.
my case is somewhat similar, but I dont have that option: I was on L2-EAD and I cannot find that damn EAD card (needed for filing EAD based on I485). However I do have the older I-797 so can atleast prove status...
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factoryman
06-15 12:30 PM
Do you have a question, comment, or give info about a previous post.
I don't mind, you just copied my post from another thread (http://immigrationvoice.org/forum/showthread.php?p=83656#post83656)(minus the links).
What are you tryiing to say?
I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485
Medical Examination of Aliens Seeking Adjustment of Status - I-693
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765
Application for Travel Document - I-131
Affidavit of Support - I-134
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
__________________
We Are Legal Aliens, Legal Aliens on a path to become Legal Permanent Residents and ultimately citizens. Let's stop calling ourselves H1B high tech temp workers - and I changed my signature in the morning of one fine day when all dates became current
I don't mind, you just copied my post from another thread (http://immigrationvoice.org/forum/showthread.php?p=83656#post83656)(minus the links).
What are you tryiing to say?
I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485
Medical Examination of Aliens Seeking Adjustment of Status - I-693
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765
Application for Travel Document - I-131
Affidavit of Support - I-134
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
__________________
We Are Legal Aliens, Legal Aliens on a path to become Legal Permanent Residents and ultimately citizens. Let's stop calling ourselves H1B high tech temp workers - and I changed my signature in the morning of one fine day when all dates became current
more...
piyu7444
08-24 01:27 PM
If you give my reference we both will get 2 months free.
Srikanth Vadlakonda
972-798-0307 (H)
friend.
I think you need to send an email via vonage account to refer someone and the system automatically gives your account a credit when the other person signs up. Dont know if you can give a phone # and say that MR ABC should get the benefit of 'refer a friend'
Srikanth Vadlakonda
972-798-0307 (H)
friend.
I think you need to send an email via vonage account to refer someone and the system automatically gives your account a credit when the other person signs up. Dont know if you can give a phone # and say that MR ABC should get the benefit of 'refer a friend'
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485Mbe4001
10-03 02:38 PM
i dont think the country makes a big difference, i have two friends stuck in name check (one was born in canada with an english first and last name). i think its the combination of the name, DOB and a crappy system
Are there certain countries that seem to have an eaiser time clearing name checks? I am from Canada- does anyone have any info?? Thanks
Are there certain countries that seem to have an eaiser time clearing name checks? I am from Canada- does anyone have any info?? Thanks
more...
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rpat1968
10-12 04:25 PM
Why do you think so...coz I'm in that state. My spouse who is the primary applicant got the card and my application is still in review ???
Here is the procedure if a deratives I-485 is pending after primary's is approved :
If a family member's derivative adjustment of status application has been pending in excess of 30 days from the approval date of the principal applicant's Form I-485, please submit to cisombudsman.publicaffairs@dhs.gov:
�DHS Form 7001;
�A copy of the principal applicant's Form I-485 approval notice;
�A copy of the Form I-485 receipt notice for the derivative; and
�Any other evidence that is pertinent to the case.
In your email, please note in the subject line: "Unapproved Derivative I-485."
Here is the procedure if a deratives I-485 is pending after primary's is approved :
If a family member's derivative adjustment of status application has been pending in excess of 30 days from the approval date of the principal applicant's Form I-485, please submit to cisombudsman.publicaffairs@dhs.gov:
�DHS Form 7001;
�A copy of the principal applicant's Form I-485 approval notice;
�A copy of the Form I-485 receipt notice for the derivative; and
�Any other evidence that is pertinent to the case.
In your email, please note in the subject line: "Unapproved Derivative I-485."
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nkavjs
11-09 12:22 PM
I do received RD as July 2nd and ND: Oct 10 on RN. I am not planning to bug IO@NSC for EAD or NC untill Jan 2008 or I see my PD current per VB.
Good to hear that USCIS did something right for someone. Atleast they recognised your Receipt date as July 2.
On my case they moved my file from NSC to TSC on 4 August and they used that date on my notice date as recp. date.. instead of 2 July.
I didnt get any response from my attorney yet.. but Shd I worry about getting my recp. dates corrected to 2 July.. I have PD of July 2003 EB3-India.
BTW I thought you are current with PD of 2001. Isnt it?
Pls. correct me if I am wrong. txs
Good to hear that USCIS did something right for someone. Atleast they recognised your Receipt date as July 2.
On my case they moved my file from NSC to TSC on 4 August and they used that date on my notice date as recp. date.. instead of 2 July.
I didnt get any response from my attorney yet.. but Shd I worry about getting my recp. dates corrected to 2 July.. I have PD of July 2003 EB3-India.
BTW I thought you are current with PD of 2001. Isnt it?
Pls. correct me if I am wrong. txs
more...
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HumHongeKamiyab
06-21 10:08 AM
While filing for I 485, I was wondering if I can file for my wife's EAD and AP and dont apply for mine (at this time) as I am not going to change the job in next few months. So I will keep working on my H1 (valid till 2009) and she can work on her EAD? Is it possible and legal to do ?
Thanks,
Thanks,
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Robert Kumar
04-01 10:14 AM
Friends even I believe that looks like we will hit the Jul - Aug 2007 mark this year for EB2 things seem to be adding up well.
If we got 12K from EB1 and EB5 for the first 6 months then we should expect another 12K and even EB2 ROW usage is significantly down.
@vdlrao I agree with your analysis on the May bulletin seems to be spot on.
Yes.. Good points.
Lets please limit the discussion on any thread to the main topic and not deviate into contributions, donor kind of topics. Please create a new thread if needed.
If we got 12K from EB1 and EB5 for the first 6 months then we should expect another 12K and even EB2 ROW usage is significantly down.
@vdlrao I agree with your analysis on the May bulletin seems to be spot on.
Yes.. Good points.
Lets please limit the discussion on any thread to the main topic and not deviate into contributions, donor kind of topics. Please create a new thread if needed.
more...
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mallu
10-17 10:42 PM
http://boards.immigrationportal.com/showthread.php?t=194681&page=464
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sheela
09-11 09:27 PM
I will call as many
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buaya00
09-11 04:51 PM
Looks like the HR has adjourned till Sep 22 without HR5882 being discussed. Are they putting it off for later this year or next?
Just noticed they updated the next session date to 15 sep and not 22 Sep.
Just noticed they updated the next session date to 15 sep and not 22 Sep.
gc_on_demand
09-15 09:20 AM
We should do 3 things for HR 5882 before end of this session.
(1) Call Full Committee and Local Lawmakers.
(2) Send Emails
(3) Send Letter And/Or Posters
These tasks are in priority order becasue we have short time and later one can take more time. So lets call which is real time. Emails are may be 1-2 days delay . And Letter and posters are 7-10 days delay.
Please call ASAP.
GO IV GO. In rememberence of Sep rally we should make Sep 18th as CALL DAY..
(1) Call Full Committee and Local Lawmakers.
(2) Send Emails
(3) Send Letter And/Or Posters
These tasks are in priority order becasue we have short time and later one can take more time. So lets call which is real time. Emails are may be 1-2 days delay . And Letter and posters are 7-10 days delay.
Please call ASAP.
GO IV GO. In rememberence of Sep rally we should make Sep 18th as CALL DAY..
lifestrikes
09-29 01:02 PM
Vonage unlimited call to India for $18 per month.
Vonage Free Calls to India - $18 Per Month Only | Go RTP (http://www.gortp.com/vonage-free-calls-to-india/)
Just by using the referral and discounts.
I have been using vonage for last 5 years, sometimes when network connection is bad in India, voice will not be clear ( vonage to vonage).
dialing India number from landline phone ( speed dial) has different feeling than going through Reliance or Airtel.
Vonage Free Calls to India - $18 Per Month Only | Go RTP (http://www.gortp.com/vonage-free-calls-to-india/)
Just by using the referral and discounts.
I have been using vonage for last 5 years, sometimes when network connection is bad in India, voice will not be clear ( vonage to vonage).
dialing India number from landline phone ( speed dial) has different feeling than going through Reliance or Airtel.
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