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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chanduv23
05-14 02:19 PM
Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.
Good luck.
that is not possible. That would mean - someone must modify it at a database level in the backend and I don't think manipulating is possible or permissible. Manipulating such data is a crime and it is seriuos security breach of the system and if the agency is manipulating backend data - it is a serious issue.
I understand that we all start to think cynical when such things happen.
Based on the massive level of AC21 denials when employer revokes 140 - we are not sure what is going on.
Good luck.
that is not possible. That would mean - someone must modify it at a database level in the backend and I don't think manipulating is possible or permissible. Manipulating such data is a crime and it is seriuos security breach of the system and if the agency is manipulating backend data - it is a serious issue.
I understand that we all start to think cynical when such things happen.
Based on the massive level of AC21 denials when employer revokes 140 - we are not sure what is going on.
himu73
04-02 03:35 PM
Surprising but true. This was last week aroung march 23,06
Does anyone such cases.
Does anyone such cases.
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redcard
08-12 12:44 PM
I totally agree that is a very unfair measure against the whole H1-B community and all of us here especially for lots of us who come from large Indian technology companies. Having said that, don�t we all agree that the mess we are in including the Green Card retrogression is driven by the fact that this H1-B system was grossly misused by the unscrupulous body shops and consulting companies run primarily by Indians in US. These companies not only reduced the quality of Indian Professionals which was sort after by American Technology companies but also has made the skill set of every Indian professional seeking a job doubtful because of the widespread practice of dressing up the resumes. I am sure this had to happen sooner or later and unfortunately the ethical Indian companies have also got caught in this.
On the other hand I think the good fall out of all this should be that large Indian companies like TCS and Infosys should move from service centric model to a product centric model. I personally think that a product centric company is much higher in value chain compared to a service oriented company. Unfortunately India which has one of the best technological brains cannot boast of single product like Windows or for that matter Peopelsoft, SAP which would not have been possible without the contribution of Indian Technology Professionals but were developed for international companies.
Unfortunately we tend of have the ability of exploiting everything that comes our way like the H1-B Visa system a crackdown of which comes down to effect the people who play by the book. It won�t be long before axe comes down on the EB-1 category of GC the way its being exploited.
On the other hand I think the good fall out of all this should be that large Indian companies like TCS and Infosys should move from service centric model to a product centric model. I personally think that a product centric company is much higher in value chain compared to a service oriented company. Unfortunately India which has one of the best technological brains cannot boast of single product like Windows or for that matter Peopelsoft, SAP which would not have been possible without the contribution of Indian Technology Professionals but were developed for international companies.
Unfortunately we tend of have the ability of exploiting everything that comes our way like the H1-B Visa system a crackdown of which comes down to effect the people who play by the book. It won�t be long before axe comes down on the EB-1 category of GC the way its being exploited.
more...
ramus
07-06 01:20 PM
I never saw this roumer any where..
no problem buddy, I just dont want u getting caught plagializing....just kidding!
Hope for thebest..I am hoping rumors abt accepting all July applications turn out true
no problem buddy, I just dont want u getting caught plagializing....just kidding!
Hope for thebest..I am hoping rumors abt accepting all July applications turn out true
anandrajesh
08-12 11:14 AM
So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
more...
chanduv23
07-11 12:22 PM
employer can withdraw the 140 any time before the approval of 485 - there is no time limit.
That is right. But one MUST NOT worry about it as long as they have a job in hand with same or similar duties. Things to watch out are
(1) AC21 letter
(2) G28 properly filed
(3) NOID
(4) Denial - happened in some cases and reopened through MTR
Now even if your old employer did not revoke 140 you may get an RFE.
That is right. But one MUST NOT worry about it as long as they have a job in hand with same or similar duties. Things to watch out are
(1) AC21 letter
(2) G28 properly filed
(3) NOID
(4) Denial - happened in some cases and reopened through MTR
Now even if your old employer did not revoke 140 you may get an RFE.
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polapragada
09-14 05:45 PM
Keep aside porting the PD between EB3 to EB2.
Just try this
Say, you wanted to buy tickets to a show or travel, there are more than one counter which is issuing tickets. You have to choose some line at random. Obviously like the people Pallavi79 choose a line which is shorter in length. After some time person observed that other line is moving fast so wanted to jump to that line. Thats fine. If you try to jump into middle of the other line based on your time entered into 1st line. If you are demanding the position...Think the situation??
And after some time if you see EB3 row is runnign fast you will jump back there? Is this a game you think??
Just try this
Say, you wanted to buy tickets to a show or travel, there are more than one counter which is issuing tickets. You have to choose some line at random. Obviously like the people Pallavi79 choose a line which is shorter in length. After some time person observed that other line is moving fast so wanted to jump to that line. Thats fine. If you try to jump into middle of the other line based on your time entered into 1st line. If you are demanding the position...Think the situation??
And after some time if you see EB3 row is runnign fast you will jump back there? Is this a game you think??
more...
pbojja
09-11 04:21 PM
We need to do some thing about it so that they dont repeat the same mistake again . Lets attach a message or real calculators along with flowers and start campign ..atleast we get the attention like we did in July 07
I know we are too scared of doing any thing because they have our applications to process ...I think this is the time to step up again ...
even though I m EB2 2006 applicant , I was so frustated to see 2006 approvals , how can they do that ? Why they move to 2006 in first place raise hopes and dash them in less than weeks ...
Come on lets do some thing..
I know we are too scared of doing any thing because they have our applications to process ...I think this is the time to step up again ...
even though I m EB2 2006 applicant , I was so frustated to see 2006 approvals , how can they do that ? Why they move to 2006 in first place raise hopes and dash them in less than weeks ...
Come on lets do some thing..
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royus77
05-30 06:37 PM
My H1 is be going to expire on 29 June 2007 ( Visa stamp in Passport and I 94 Card) . My company applied H1 extension and i got the receipt . The DMV refused to extend my license and they are asking for the approval notice ..Any one had similar experience & any alternatives ....have to pay myself for the PP ..so want to take advise b4 upgrading
Thanks
Roy
Thanks
Roy
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HawaldarNaik
03-04 03:45 PM
for all ya mumbai brothers out there:
"ron gotcha-rkar" ka kya hai .. uppar wala mu diya ... to bolegayich. uske to naam me bhi gotcha .. aur kaamme bhi gotcha
one more..
Kya hawaldar saab .. toom bhi wo khajoor gotcharkar ke baaton me aa gaye .... chalo mil ke usko kopche me in leke kharcha pani dete hai.
[translation: native mumbai rambling about how ron gotcher has no data to back it up and should be censured for his quotes without source]
Arre Bhai....2 good...bole to...ekdum JHAKAAAS dialogues mara....lekin kya karega....Asha is hope.....abhe bole to market ekdum tight...kharcha paneee kaisa dega...? but 2 good sahebji...
"ron gotcha-rkar" ka kya hai .. uppar wala mu diya ... to bolegayich. uske to naam me bhi gotcha .. aur kaamme bhi gotcha
one more..
Kya hawaldar saab .. toom bhi wo khajoor gotcharkar ke baaton me aa gaye .... chalo mil ke usko kopche me in leke kharcha pani dete hai.
[translation: native mumbai rambling about how ron gotcher has no data to back it up and should be censured for his quotes without source]
Arre Bhai....2 good...bole to...ekdum JHAKAAAS dialogues mara....lekin kya karega....Asha is hope.....abhe bole to market ekdum tight...kharcha paneee kaisa dega...? but 2 good sahebji...
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bala50
04-30 10:33 AM
Web cast Link
http://judiciary.house.gov/schedule.aspx
http://judiciary.house.gov/schedule.aspx
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mps
07-11 11:13 AM
Pause and take a moment to rejoice. Then turn all eyes to processing dates.
TSC July 17 2007
NSC July 28 2007
That would mean July 2 filers EB2 are waiting only for visa number (assuming USCIS is processing cases strictly on RD basis) - wooooooooooooow.
TSC July 17 2007
NSC July 28 2007
That would mean July 2 filers EB2 are waiting only for visa number (assuming USCIS is processing cases strictly on RD basis) - wooooooooooooow.
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vparam
07-21 10:46 AM
Currently it takes about 80-90 days for EAD when the 485 was just trickle, with the june filers it was expected to become more towards 90 days +. based on that with deluge of applications it will take around 6 months for july filers.
please note most of the post June 15th to June 30th filers are yet to get the reciepts. it takes approximately a month from then to get FP. which means that even june filers will get FP into late august september. With the FP being code 3 that is what kicks off the EAD.
So it is just that instead of being in one line the july filers will move into another line... but the good is that recent H4 people will not suffer years of waiting like the early PD people who have been waiting for years to be in EAD to get a job.
please note most of the post June 15th to June 30th filers are yet to get the reciepts. it takes approximately a month from then to get FP. which means that even june filers will get FP into late august september. With the FP being code 3 that is what kicks off the EAD.
So it is just that instead of being in one line the july filers will move into another line... but the good is that recent H4 people will not suffer years of waiting like the early PD people who have been waiting for years to be in EAD to get a job.
more...
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pitha
07-06 05:23 PM
thats why aila lawsuit is important, if they can bend the rules for consular processing and a lot of other mischief for eating up 60k visas then they can bend there rules for giving us EAD as well when bulletin is revised.
See what I was saying. They are not supposed to grant CP appointments and approvals in July per the regulations. They have decided to bend the rules to approve the currently pending 485s and CPs. They came up with this lame excuse that since the visas were already shipped out to the consular posts ................yada yada. Point is as I said they can't do 18K CP applicatrions in a day at the consulates the way they seem to have done for the 485s. Even this I am not sure.
I doubt whether they have sent out all 60K 485 approvals either, they probably will in the course of the next month or thereabouts.
I'll say it again, they want 485s out but they don't want them in for whatever reason. It is getting clearer.
See what I was saying. They are not supposed to grant CP appointments and approvals in July per the regulations. They have decided to bend the rules to approve the currently pending 485s and CPs. They came up with this lame excuse that since the visas were already shipped out to the consular posts ................yada yada. Point is as I said they can't do 18K CP applicatrions in a day at the consulates the way they seem to have done for the 485s. Even this I am not sure.
I doubt whether they have sent out all 60K 485 approvals either, they probably will in the course of the next month or thereabouts.
I'll say it again, they want 485s out but they don't want them in for whatever reason. It is getting clearer.
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andy garcia
10-01 11:28 AM
Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
Thanks h1techSlave;
I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
just because I said so.
Remember that this system was designed back when there was one single queue.
You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.
Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
Thanks h1techSlave;
I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
just because I said so.
Remember that this system was designed back when there was one single queue.
You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.
Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued
more...
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kkt_tkk
09-07 01:18 PM
Hi,
I entered in to USA on 11/1999, still working on H1B
GC: PD is 2005, EB3
I can't port to EB2, as my education is combinational (Diploma + AMIE), not 4-year single degree.
Thanks,
KKT
Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it�s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let�s accept that they know how things work. Life is about learning and then What Next? It�s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran�s you give us the motivation to hang on. OP you seem to have started a nice discussion.
I entered in to USA on 11/1999, still working on H1B
GC: PD is 2005, EB3
I can't port to EB2, as my education is combinational (Diploma + AMIE), not 4-year single degree.
Thanks,
KKT
Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it�s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let�s accept that they know how things work. Life is about learning and then What Next? It�s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran�s you give us the motivation to hang on. OP you seem to have started a nice discussion.
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villamonte6100
04-01 02:49 PM
C�mon boy I�m not asking to make Steve miller their VP operation and use that million dollar in grants to fund that project. What I�m asking is �can you tell us how many applications you received of which chargeability and in which EB categories� and assurance that they will issue EADs and APs in less than 90 days. To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that�
There is a simple answer your question.
Why don't you write a letter to USCIS and outline every question you want answered.
And Please let us know what they say.
There is a simple answer your question.
Why don't you write a letter to USCIS and outline every question you want answered.
And Please let us know what they say.
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maverick_joe
04-30 01:40 PM
this would be interesting to hear to! thanks for sharing!
TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
Milind123
09-16 10:55 PM
Earlier I got a PM from immigration (name on the handle, not USCIS). He has contributed $100 for this round. That takes us to the final 6 shots. Remember these shots can be taken by anyone who believes that IV is doing a great job in order to make necessary changes. If you don't believe so, please don't keep that doubt lingering in your mind, speak up and be heard, if you are uncomfortable posting your doubts on any one of the threads, please use PM. Ask questions, please, if you have any?
malibuguy007
07-18 08:04 PM
Made my first contribution of $100. Joined 10 odd days back and it helped immensely to have the community support going through the roller coaster!! Thanks to everyone for their efforts.
Did not want to say this before I contributed, but I still believe that the forum should not be only for paying members. By having certain parts of the forum open to public we can convert lot more people like me as opposed to asking for money right from the get go.
Did not want to say this before I contributed, but I still believe that the forum should not be only for paying members. By having certain parts of the forum open to public we can convert lot more people like me as opposed to asking for money right from the get go.
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