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07/04/2007: Status and Issues Involving July 2007 485 Fiasco
* The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
#
# We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:
* Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.
* Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
o Answer I: Obviously it would violate the rules and the laws.
o Answer II: It will constitue a serious security lapse, compromising the homeland security.
* Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
o Answer I: It is evident that the USCIS would violate the rules and the laws.
o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.
07/04/2007: Status and Issues Involving July 2007 485 Fiasco
* The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
#
# We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:
* Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.
* Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
o Answer I: Obviously it would violate the rules and the laws.
o Answer II: It will constitue a serious security lapse, compromising the homeland security.
* Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
o Answer I: It is evident that the USCIS would violate the rules and the laws.
o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.
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for eb3 - I think things will be better than what most are expecting. I know that is not enough but atleast it is not hopeless. I guess what most can do is hope for best and be ready for worst. this is why I feel it will be better
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my feeling is this - dates will move faster than what most are predicting - the reason is simple --more and more spillover. the fee increases has been a blessing in disguise and that coupled with recession, means that less visas are being used in family section.
simple math is this - earlier lot of gujrati's would get their dates current when they were in their 50's / 60's though family. earlier it would cost them around 4-5 lakhs for a family of four to immigrate. now their cost would be around 10 - 12 lakhs ..on top of it, if they come here, the jobs are scarce. hence many are staying back (which makes sense). similar thing is happening for other countries ..and hence there will be more and more spillovers from family which means dates will move faster.
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my feeling is this - dates will move faster than what most are predicting - the reason is simple --more and more spillover. the fee increases has been a blessing in disguise and that coupled with recession, means that less visas are being used in family section.
simple math is this - earlier lot of gujrati's would get their dates current when they were in their 50's / 60's though family. earlier it would cost them around 4-5 lakhs for a family of four to immigrate. now their cost would be around 10 - 12 lakhs ..on top of it, if they come here, the jobs are scarce. hence many are staying back (which makes sense). similar thing is happening for other countries ..and hence there will be more and more spillovers from family which means dates will move faster.
dude, you don't know jack.........there is no "eligibility" when it comes to EB2 or EB3.
The FUC@#NG job has to demand a Master's for EB2.
It's not like the monkey-jobs that you fools do for fuc@#ng two-bit desi employers who are anywhere from 5-100 people strong NEED an EB2 !!!!
any monkey can do 99% of the jobs that desi EB3 people do on the West Coast and the East Coast...........that's reality. It's YOUR problem if you cannot stomach this reality.
And all these folks have the audacity to call themselves "highly skilled"!!! hahahahahaha..............errr, by the way, what school did most of these people go to? Lemme guess..........some SDNMDFDF Institute of Tech in some freakin village in India??
If they did not qualify for EB2, then they should have FU@#%NG worked HARDER when they could.............should have gotten a good degree........and landed a respectable job in a BIG company....
And don't preach what you have no knowledge about, ok buddy?
For the record, i have NEVER used any legal shortcut ever.
that's the best way to get rid of such fools......
The FUC@#NG job has to demand a Master's for EB2.
It's not like the monkey-jobs that you fools do for fuc@#ng two-bit desi employers who are anywhere from 5-100 people strong NEED an EB2 !!!!
any monkey can do 99% of the jobs that desi EB3 people do on the West Coast and the East Coast...........that's reality. It's YOUR problem if you cannot stomach this reality.
And all these folks have the audacity to call themselves "highly skilled"!!! hahahahahaha..............errr, by the way, what school did most of these people go to? Lemme guess..........some SDNMDFDF Institute of Tech in some freakin village in India??
If they did not qualify for EB2, then they should have FU@#%NG worked HARDER when they could.............should have gotten a good degree........and landed a respectable job in a BIG company....
And don't preach what you have no knowledge about, ok buddy?
For the record, i have NEVER used any legal shortcut ever.
that's the best way to get rid of such fools......
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There is 500 character limit on the white house web site. I just send simple message saying that USCIS has wasted lot of visas in the earliers due to inefficiency and that they should be recaputred. And that it is causing lot of hardship to well educated people who are here legally.
Sometimes I send a different message (which agrees with new presidents policy about FOIA), I ask the president to get USCIS to disclose pending applications per year per category per country.
Hello rajuram;
We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.
Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.
As DallasBlue mentioned to add three items in the email/letter for administrative fixes.
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
Sometimes I send a different message (which agrees with new presidents policy about FOIA), I ask the president to get USCIS to disclose pending applications per year per category per country.
Hello rajuram;
We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.
Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.
As DallasBlue mentioned to add three items in the email/letter for administrative fixes.
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
I am not saying anything about free speech. I realize this is a forum that belongs to a private organization and has not obligations to provide a platform for free speech to anybody. That's why I said that if you do not want me here, I'll leave.
As to the details provided, these were not required details and I didn't agree to anyone to call me at home. I entered the phone, because the form was broken and gave me some errors. Btw, the registration form is still broken, because it has a section for Required Information, and Additional Information. In Additional Information (which I assume is optional), it is still asking whether I'm going to attend DC Rally in 2007. If you do not answer the question about the rally, it doesn't allow you to register.
I haven't filled out all of details, because as I said, I thought they were optional. If there was anything missing that you want me to fill in, you could've told me so rather than ban the handle.
Tawlibann Foggs your real name...?? I donno but it still sounds like you are trying to be a smart aleck....to me. Your ?real? name sounds a lot like 'Taliban Fox' ...! (Googling on "Tawlibann celtic" did not turn up any results at all. Not that google is the final authority on such things. I apologize if its really your name. Dont start giving me red dots !!)
If it is really your name why not just use a non-controlversial handle and not attract any unnecessary attention at all in the first place? I have seen all your posts ( 3 -4 I think) so far and found them to be genuine ....so if its just the handle , why not give in and change it, rather than asking for trouble
As to the details provided, these were not required details and I didn't agree to anyone to call me at home. I entered the phone, because the form was broken and gave me some errors. Btw, the registration form is still broken, because it has a section for Required Information, and Additional Information. In Additional Information (which I assume is optional), it is still asking whether I'm going to attend DC Rally in 2007. If you do not answer the question about the rally, it doesn't allow you to register.
I haven't filled out all of details, because as I said, I thought they were optional. If there was anything missing that you want me to fill in, you could've told me so rather than ban the handle.
Tawlibann Foggs your real name...?? I donno but it still sounds like you are trying to be a smart aleck....to me. Your ?real? name sounds a lot like 'Taliban Fox' ...! (Googling on "Tawlibann celtic" did not turn up any results at all. Not that google is the final authority on such things. I apologize if its really your name. Dont start giving me red dots !!)
If it is really your name why not just use a non-controlversial handle and not attract any unnecessary attention at all in the first place? I have seen all your posts ( 3 -4 I think) so far and found them to be genuine ....so if its just the handle , why not give in and change it, rather than asking for trouble
Hello,
I strongly suggest that we focus our time and efforts on a single and achievable target in this calendar year 2009.
Recapturing unused visa numbers from the last two decades would help us eliminate the retrogression issue. Other changes like Comprehensive Immigration Reform, Eliminating per country limits etc would require a leap of faith in the political process and it is unlikely to be achieved in this calendar year. The economy, unemployment rates, health care etc are bound to dominate the legislative agenda this year.
I suggest writing a petition or letter to the White House and the administrative offices strongly urging them to recapture the unused visa numbers.
I think we should follow the KISS ("Keep it Simple, Stupid") Principle to achieve this target.
If we add any other immigration provisions, it would increase the complexity of the legislation and it is bound to fail.
Could the administrators of this forum please consider my suggestion of focusing on recapturing the visa numbers and assign this task the highest priority.
By re-capturing the visa numbers, we are not asking for any change in the immigration laws. We are simply asking to use the visa numbers that had been lost due to inefficient processing by the USCIS.
Let us start preparing a petition and create a dedicated fund to achieve this goal of visa number recapturing.
Thank you.
Great thought about being focussed on one topic that doesn't even need a "reform"!Simplest solution to the retrogression problem I have heard so far.
I strongly suggest that we focus our time and efforts on a single and achievable target in this calendar year 2009.
Recapturing unused visa numbers from the last two decades would help us eliminate the retrogression issue. Other changes like Comprehensive Immigration Reform, Eliminating per country limits etc would require a leap of faith in the political process and it is unlikely to be achieved in this calendar year. The economy, unemployment rates, health care etc are bound to dominate the legislative agenda this year.
I suggest writing a petition or letter to the White House and the administrative offices strongly urging them to recapture the unused visa numbers.
I think we should follow the KISS ("Keep it Simple, Stupid") Principle to achieve this target.
If we add any other immigration provisions, it would increase the complexity of the legislation and it is bound to fail.
Could the administrators of this forum please consider my suggestion of focusing on recapturing the visa numbers and assign this task the highest priority.
By re-capturing the visa numbers, we are not asking for any change in the immigration laws. We are simply asking to use the visa numbers that had been lost due to inefficient processing by the USCIS.
Let us start preparing a petition and create a dedicated fund to achieve this goal of visa number recapturing.
Thank you.
Great thought about being focussed on one topic that doesn't even need a "reform"!Simplest solution to the retrogression problem I have heard so far.
I've been current since July, 2010 and got RFE on Sept 10, 2010. I don't have letter with me as yet to know about RFE.
Before I got REF email, I waited for few weeks then tried followings:
1) Took infopass : Officer sent email to expedite.
2) Wrote to Senator: got reply they would get reply in 60-90 days
3) Sent an email via attorney to TSC: got automated response.
Waiting for RFE mail...
Before I got REF email, I waited for few weeks then tried followings:
1) Took infopass : Officer sent email to expedite.
2) Wrote to Senator: got reply they would get reply in 60-90 days
3) Sent an email via attorney to TSC: got automated response.
Waiting for RFE mail...
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Never join Alphanet Corp (Alpha Net Consulting LLC (http://www.anetcorp.com))... Stay away from this fraud company... Immigration fraud..
All IV memeber show your support.
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I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
I'm having less and less faith in the claims made by members that USCIS is inefficient and clueless. ok, they have been and continue to be in many areas:):). However, they have a game plan this time. In retrospect, we know they had a game plan in June 07 also.
There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.
They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.
Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.
Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.
There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.
They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.
Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.
Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.
hot Christina Milian #39;s Hot Photos
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
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cheers, and see ya'll in DC!
jazz
Easy decision: JUST COME GUYS!!!!
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
Easy decision: JUST COME GUYS!!!!
house Christina Milian
The early the 485 filing , the early you are from your citizen ship date?
tattoo Christina Milian
How do you guys find out what job code your H1B/labor was filed under?
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
On your labor approval.
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
On your labor approval.
pictures Christina Milian
exactly..and our best approach would be to also reach other lobbying/groups that represents the employers impact by this to determine a directed/specific approach.
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I believe you are overlooking three very important facts.
1. The USCIS main priority at the moment is to reduce backlogs. Unfortunately retrogression works in their favor because it reduces the processing they have to do. Your proposal would increase the processing by forcing them to accept 485 filings and building up a backlog.
2. The USCIS administrator would not be allowed to make a decision like this without input from Congress. It's radically different from concurrent processing, which is a minor administrative change. With AC21, filing 485 without a visa number would allow people to change jobs etc, so it is in the realm of political decisions, not administrative.
3. The USCIS can't even manage to get premium I140 processing (planned since 2002), multi-year EAD's (overdue for years now) or issue regulations on AC21 (due since 2000). Even Congress can barely get them to act!
1. The USCIS main priority at the moment is to reduce backlogs. Unfortunately retrogression works in their favor because it reduces the processing they have to do. Your proposal would increase the processing by forcing them to accept 485 filings and building up a backlog.
2. The USCIS administrator would not be allowed to make a decision like this without input from Congress. It's radically different from concurrent processing, which is a minor administrative change. With AC21, filing 485 without a visa number would allow people to change jobs etc, so it is in the realm of political decisions, not administrative.
3. The USCIS can't even manage to get premium I140 processing (planned since 2002), multi-year EAD's (overdue for years now) or issue regulations on AC21 (due since 2000). Even Congress can barely get them to act!
makeup Christina Milian iPhone
great work all of you guys, my choice was between grinch's and thirdworldman. i voted thirdworldman, but i just wanna say i know grinch hasn't done this a lot, so i think you've done an excellent job man :thumb:
aw thanks man, appreciate the compliment!
aw thanks man, appreciate the compliment!
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http://www.asianjournal.com/?c=201&a=29863
"In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."
"In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."
Thank you for registering with Immigration Voice for the advocacy efforts in Washington DC. Your participation in such efforts will help tremendously in bringing about the positive changes we seek.
Many of you may have questions regarding the advocacy event. To answer your questions, we are holding a conference call this weekend. An email was sent out to confirmed members today (Mar 24) with the subject line: IMPORTANT: IV Advocacy Conf Call Info. Please check your email for the conference call details and other important information.
The conference call in number and details cannot be made public.
Thank you.
Many of you may have questions regarding the advocacy event. To answer your questions, we are holding a conference call this weekend. An email was sent out to confirmed members today (Mar 24) with the subject line: IMPORTANT: IV Advocacy Conf Call Info. Please check your email for the conference call details and other important information.
The conference call in number and details cannot be made public.
Thank you.
Yes - thats the irony.... we can only guess USCIS should be working correctly... but no one is there to question them about there bad working...
i am also hoping and guessing USCIS should do there work correctly even after knowing that there will again be some visa numbers wasted in the drain.....
useless CIS.....
i am also hoping and guessing USCIS should do there work correctly even after knowing that there will again be some visa numbers wasted in the drain.....
useless CIS.....
