Thursday, June 16, 2011

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  • champu
    03-06 04:55 PM
    I don't have any LUDs on mine even though I opened an SR and requested infopass appointment for my delayed EAD

    What's your Service Center for EAD?




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  • sparky_jones
    09-10 09:45 AM
    Looks like last night's particle accelerator experiement sent us back in time!:D




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  • priti8888
    07-18 06:03 PM
    priti8888,

    That is not true. Receipt Date is when the service center physically receives the package. They date stamp it and then use it to enter that RD when they generate the Notice on the ND.

    What you see on the status page for sure reflects the ND and NOT the RD. So you can pretty much ignore what the status page says and rely on what your physical notice says (it states the actual RD when they physically received the package!)

    Hope this is a clear explanation.

    Oh really!..then i might be wrong. So RD is before the ND

    THANKS Shreekhand




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  • Raju
    07-06 04:05 PM
    AILA has reported a very interesting or confusing DOS LegalNet Office letter which one of the members received towards the fact that the consular posts had already been allocated their numbers for the month of July prior to EB visa numbers becoming unavailable on July 2 and that the posts may continue to use their July allocations of EB numbers, and continue to issue Immigrant Visas for the rest of this month, July, for those applicants who were scheduled for IV interviews in July. Hm.....................................

    This was what I mentioned earlier. This was reported by AILA a while ago.



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  • cjagtap
    08-02 05:53 PM
    please let me know if any TSC filer from 2 nd July got their receipts?




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  • makemygc
    07-06 10:51 AM
    Just on a lighter note. Why diptam and nixstor is fighting in all the forums? You guys are not husband and wife, right :D
    Just kidding..now relax..its the last day of the horrible weekk



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  • amitga
    02-26 04:08 PM
    Hopefully this center would be processing 485 backlogs with the same rate by end of this year.




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  • 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,



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  • Sideliner
    09-10 04:49 PM
    I guess the reason for moving back eb2 I dates is strategic. Since they have the whole year to use the 140 K visas, they might be trying to start the year conservatively, trying to honor FIFO.

    The aggressive movement of dates in last quarter was ONLY to prevent the visa number wastage.




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  • pranju
    07-18 02:21 PM
    only those with labor approved by 31st july can apply.

    Everyone can apply until August 17, but in the August VB, all the categories are U, which means no one is current and who knows when that will change. When processing, theoretically RD it's important, but when you get to the stage of being approved, you'll actually be approved only if your PD will be current at that time. Don't count too much on any guidelines, because some people get approved in weeks,others in years. Good luck.



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  • bpratap
    05-15 06:10 PM
    But were U able to get the loan at the end ?




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  • qualified_trash
    08-09 02:51 PM
    just one correction:
    Legal immigrants pay taxes at higher rates due to their immigration status

    I do not think the above is true.



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  • legalVoice
    06-03 12:06 PM
    Canadian_Dream, I think your interpretation is wrong..

    ------------------------------------------------------------------------
    40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    265
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.

    -------------------------------------------------------------------------

    I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)


    Well this is very confusing.
    What if a person files the I-140 after May 15th and his/her I-140 is approved. Later assume that I-485 date becomes current for that particular person (before Oct 2008), he/she files for the AOS/I-485 (before Oct 2008). While the I-485 petition is pending the date Oct 2008 comes what happens then? Will this nulify the filed I-140?

    Thanks




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  • nixstor
    04-02 12:31 PM
    respecting policies and law is one thing.

    lack of a good implementation plan and improvement over a number of years is another thing.

    We can't just poke around an established government agency because we feel they are not doing their job properly.

    What do you (You refers to people who think above, not one in particular) say about the people who filed lawsuit and got the 180 day Name check rule to implementation faster? Not that I am proposing lawsuits, just an example to disprove what you said.

    I am trying to figure out what you guys are trying to say. If you guys think that CIS will give you the GC on the day they will feel like and you are cool with it, Why even hopping around boards either for information or anything. Just follow the processing times and see whether number has been called or not. 99% of the crowd thinks here that we can get a better policy by making our voice heard. I dont see rational and logic between what you are saying and what you are doing, unless you are smartly drawing a wedge or trying to scare away people saying that you are not a citizen, you will get busted.



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  • continuedProgress
    09-10 06:13 PM
    $100
    All, lets keep the momentum going.




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  • va_dude
    03-04 10:06 AM
    I don't think this is a pattern, its probably specific just to the lender you were working with.

    Frankly speaking the lender has the right to deny you the loan for whatever reason they feel is risky. So no point arguing with them.
    Try another lender and hope it works.

    -va_dude



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  • thomachan72
    03-19 01:38 PM
    I would encourage that IV should compile cases of members who have been denied home loans because of their immigration status and present them to the president. Housing industry is in a crisis and they are denying loans to people with solid income????




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  • eb3_nepa
    07-14 01:27 PM
    I know some of you must think:

    "What the heck difference is FIVE dollars going to make?????"

    Well $5 x 30,000 = $150,000 I hope people understand that, $150,000 is NOTHING to sneeze at. So people, you dont even need to dig too deep. Just FIVE DOLLARS.

    Less than the cost of a SUBWAY Sandwich LUNCH.




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  • srgadi
    09-10 01:33 PM
    Contributed $100 just a min ago. Google Order #151408234928192

    Sorry cannot make it to the rally due to personal reasons.




    swede
    07-24 08:05 AM
    Congrats to your approval!

    I'm just waiting for them to start working on the 2002 cases now, since everyone who applied later already got their greencards it seems. :(
    I think it is sooo unfair that someone who applied in 2005 already got a green card and taking the visa numbers when others have waited 3 or 4 more years(!) extra have to wait even longer. That is something for IV to fight for...




    Humhongekamyab
    02-18 03:49 PM
    pardon my ignorance. But since you already applied for 485, it means you will get GC in april 2009(if pd becomes dec 2005) ?

    Yes and No. If the PD stays at (let's say) December 15, 2005 and during that time the officer is able to review my file and request a visa number from the DOS then I will get the green card BUT if during this process the PD moves back (let's say December 14, 2005) then I will have to wait for it to be current again for me (i.e. December 15, 2005).



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