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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redgreen
02-23 01:23 PM
All the data and inside information point to EB2 and EB3 to become current some time in the future.
karan007
09-14 09:30 PM
it is
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kevinkris
06-06 03:03 PM
Goto Top. Guys, can we make this thread STICKY ?
more...
suavesandeep
05-29 01:48 PM
I don't want to argue either.
In my case, I saved $400 per month as I got mine on 4.5% interest rate. If I got mine on 6% interest rate, I would have paid $144,000 more in the entire duration of my loan. I can't say enough on the value of my house because it is the lowest compared to all my neighbors with same model. The location has the best school district in the city and the elementary school is 3 blocks away.
Refinancing is a tricky part of this game. Refinancing is not always good because most of the time, you will start at month 1 again where the interest part is higher than the principal. It also has closing cost. One should only refinance if the difference is greater than 1%. 1% is only break even.
I am not saying all others should buy now. What I am saying is that we cannot say it's not a good time to buy either. It depends on where you're buying.
Agree with you. Was just offering some more perspective. Personally i dont see mortgage interest rates going north of 6% for a long time (say next 3 years at the minimum).
Reason being the dynamics are really different this time around.Fed has bought tons of treasury bonds this time to keep the interest rates low over a long period of time. Why is treasury bonds important because they have long term implications and mortgage companies use this as a important tool to decide interest rates.
Odd of a L shaped recovery are also high. This is an old article but good reading
http://online.wsj.com/article/SB124044454676445637.html
In my case, I saved $400 per month as I got mine on 4.5% interest rate. If I got mine on 6% interest rate, I would have paid $144,000 more in the entire duration of my loan. I can't say enough on the value of my house because it is the lowest compared to all my neighbors with same model. The location has the best school district in the city and the elementary school is 3 blocks away.
Refinancing is a tricky part of this game. Refinancing is not always good because most of the time, you will start at month 1 again where the interest part is higher than the principal. It also has closing cost. One should only refinance if the difference is greater than 1%. 1% is only break even.
I am not saying all others should buy now. What I am saying is that we cannot say it's not a good time to buy either. It depends on where you're buying.
Agree with you. Was just offering some more perspective. Personally i dont see mortgage interest rates going north of 6% for a long time (say next 3 years at the minimum).
Reason being the dynamics are really different this time around.Fed has bought tons of treasury bonds this time to keep the interest rates low over a long period of time. Why is treasury bonds important because they have long term implications and mortgage companies use this as a important tool to decide interest rates.
Odd of a L shaped recovery are also high. This is an old article but good reading
http://online.wsj.com/article/SB124044454676445637.html
let007live4ever
02-06 03:50 PM
I-131 @t Nebraska Center
Receipt Date: 14th Agug
Notice Date: 24th Aug
Received RFE
USCIS received RFE on: 29th Nov
Called them 3 times and everytime the same answer "pending and processing."
Unfortunately my uncle passed away yesteray and I have to travel for the funeral processings. Called USCIS just now and told them to expedite the case. CSR took all the information and told that someone will contact me within 5 business days about case. Hoepfully someone calls/emails and approves my case.
Just wanted to share my experience.
Receipt Date: 14th Agug
Notice Date: 24th Aug
Received RFE
USCIS received RFE on: 29th Nov
Called them 3 times and everytime the same answer "pending and processing."
Unfortunately my uncle passed away yesteray and I have to travel for the funeral processings. Called USCIS just now and told them to expedite the case. CSR took all the information and told that someone will contact me within 5 business days about case. Hoepfully someone calls/emails and approves my case.
Just wanted to share my experience.
more...
villamonte6100
04-02 02:35 PM
That is right. People can express their opinions. No name calling and rough language.
Thank you.
Thank you.
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gc28262
06-11 08:19 AM
we should collectively aim our approach to get SSA back and use up other benifits
J thomas
I agree. This should be one of our action items.
J thomas
I agree. This should be one of our action items.
more...
onemay
04-26 09:41 PM
Hi folks,
I'm a desperate house spouse(H4) and now not only I can't work but I can't drive either because the current visa expires on May 10 and the new extension is not here yet. The folks at DMV didn't wanna give an extension for the DL unless I bring a new I 94. Now the poor H1 has to do 2 jobs
1. work his but off at work to get GC
2. drive the kids up and down, do the shopping, etc etc because the desperate h4 can't move a finger.
Anyone in the same barrel?
Please give some toughts.:rolleyes:
I'm a desperate house spouse(H4) and now not only I can't work but I can't drive either because the current visa expires on May 10 and the new extension is not here yet. The folks at DMV didn't wanna give an extension for the DL unless I bring a new I 94. Now the poor H1 has to do 2 jobs
1. work his but off at work to get GC
2. drive the kids up and down, do the shopping, etc etc because the desperate h4 can't move a finger.
Anyone in the same barrel?
Please give some toughts.:rolleyes:
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jonty_11
05-01 02:31 PM
The meeting really saddens me though. That is the extent of anyone's power to get USCIS moving? Just hinting to King that the congress is displeased?
I mean I'm pretty sure King is gonna just shrug it off. Listen to how deluded the man sounds. He thinks USCIS is doing a great job, what with all that bragging about efficiency. Obviously he doesn't realize he's standing there, in that meeting. because the efficiency he's bragging about is clearly NOT ENOUGH. In fact, it's pretty much shitty.
To make things worse, those people in there are controlling the fates of thousands of waiting applicants. And they don't even seem to know the difference btw H1 and 485.
I don't want to just go on feeding this negative train of thought. I just wish something more effective can be done. Isn't there a better solution?
IV is our best chance...Lets hope the bills Iv is pushing get some floor time. I will again say that as difficult and impossible as it may sound (given election yr n'all) IV is the only entity that we can pin our hopes on.
I mean I'm pretty sure King is gonna just shrug it off. Listen to how deluded the man sounds. He thinks USCIS is doing a great job, what with all that bragging about efficiency. Obviously he doesn't realize he's standing there, in that meeting. because the efficiency he's bragging about is clearly NOT ENOUGH. In fact, it's pretty much shitty.
To make things worse, those people in there are controlling the fates of thousands of waiting applicants. And they don't even seem to know the difference btw H1 and 485.
I don't want to just go on feeding this negative train of thought. I just wish something more effective can be done. Isn't there a better solution?
IV is our best chance...Lets hope the bills Iv is pushing get some floor time. I will again say that as difficult and impossible as it may sound (given election yr n'all) IV is the only entity that we can pin our hopes on.
more...
chanduv23
07-06 12:33 PM
Please update your profiles on IV if you have not done so - thanks
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eb3_nepa
07-14 06:22 PM
Silly question but I need an answer :)...How can I use Bill pay here? I bank with BOA and it asks for a company name if I choose bill pay...
The company name can be Immigration Voice. Normally you do not need an account number per se, although you COULD try and put in your IV handle as the acct number if it allows non numeric characters in the acct number.
A lot of people have used BOA, can someone guide zoooom please
The company name can be Immigration Voice. Normally you do not need an account number per se, although you COULD try and put in your IV handle as the acct number if it allows non numeric characters in the acct number.
A lot of people have used BOA, can someone guide zoooom please
more...
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chanduv23
05-15 10:27 AM
dear members,
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
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mpoov
02-27 11:47 PM
is there any hope for bridge legislation in '08?....or this year will pass by due to the elections?......is there any realistic chance of bridge amenment ever being passed?....i am starting to lose hope now......
no hope.. everything has made mess!!
no hope.. everything has made mess!!
more...
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eb3_nepa
07-14 03:14 PM
Just dropped a check for $5. I hope all of the remaining members do the same.
Mailing a check is just as good as a bill pay.
For those who are unaware as to what the "Bill Pay" option is, basically the Bill pay option is a great way to take advantage of your bank cutting a cheque as opposed to you cutting a cheque. That way you can write cheques without having to:
1) Actually write out a cheque
2) Spend money to post it (and take the extra effort to mail the cheque out).
Keep the contributions flowing.
Mailing a check is just as good as a bill pay.
For those who are unaware as to what the "Bill Pay" option is, basically the Bill pay option is a great way to take advantage of your bank cutting a cheque as opposed to you cutting a cheque. That way you can write cheques without having to:
1) Actually write out a cheque
2) Spend money to post it (and take the extra effort to mail the cheque out).
Keep the contributions flowing.
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nixstor
04-30 03:07 PM
SO IF they move PD's to 2006 dec then there is aposibility that all 2006 pd 's get GC's before @001 pd's.:mad:
Aytes said " We are moving towards processing based on the shift in priority dates"
what I understood is Aytes is talking about the sweep USCIS is conducting as soon as the VB released. The sweep was mentioned by a lot of service center personnel when members were calling for case status
Aytes said " We are moving towards processing based on the shift in priority dates"
what I understood is Aytes is talking about the sweep USCIS is conducting as soon as the VB released. The sweep was mentioned by a lot of service center personnel when members were calling for case status
more...
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skv
06-18 10:27 AM
Good Morning guys,
So we all should be fine to file I-485 up until end of September guys, before the retro kicks off ?
So we all should be fine to file I-485 up until end of September guys, before the retro kicks off ?
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Raju
07-06 01:55 PM
Yeah but if the PDs are set as unavailable, what can they do about those cases anyway, as the priority date has to be current on the day of approval in the consulate.
Furthermore, unlike with 485s they can't consular process 18K cases on a Sunday! It is not a centralised process for them to do that.
I think they have to be current when they get an appointment or something like that. I am pretty sure that they accounted those 18k as CP numbers
Furthermore, unlike with 485s they can't consular process 18K cases on a Sunday! It is not a centralised process for them to do that.
I think they have to be current when they get an appointment or something like that. I am pretty sure that they accounted those 18k as CP numbers
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komaragiri
08-07 12:20 PM
hi all,
USCIS has edited the reciept update of NEBRASKA EMPLOYMENT BASED I-485 TO 7/1/07.please go thru this link.This means it is still looking after the june end applications for reciepts.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
USCIS has edited the reciept update of NEBRASKA EMPLOYMENT BASED I-485 TO 7/1/07.please go thru this link.This means it is still looking after the june end applications for reciepts.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
parvatneni
09-10 11:50 PM
Hello november
Are u sure that "http://mumbai.usconsulate.gov/cut_off_dates.html" is not any error ?
If yes! How come china status is not indicated explicitily as is indicated in travel.state.gov?
Does any one have previous month cut off date from this site ?
I am fairly new to this forum -Excuse my ignorence incase if this does not make any sense.
Are u sure that "http://mumbai.usconsulate.gov/cut_off_dates.html" is not any error ?
If yes! How come china status is not indicated explicitily as is indicated in travel.state.gov?
Does any one have previous month cut off date from this site ?
I am fairly new to this forum -Excuse my ignorence incase if this does not make any sense.
jonty_11
05-01 02:31 PM
The meeting really saddens me though. That is the extent of anyone's power to get USCIS moving? Just hinting to King that the congress is displeased?
I mean I'm pretty sure King is gonna just shrug it off. Listen to how deluded the man sounds. He thinks USCIS is doing a great job, what with all that bragging about efficiency. Obviously he doesn't realize he's standing there, in that meeting. because the efficiency he's bragging about is clearly NOT ENOUGH. In fact, it's pretty much shitty.
To make things worse, those people in there are controlling the fates of thousands of waiting applicants. And they don't even seem to know the difference btw H1 and 485.
I don't want to just go on feeding this negative train of thought. I just wish something more effective can be done. Isn't there a better solution?
IV is our best chance...Lets hope the bills Iv is pushing get some floor time. I will again say that as difficult and impossible as it may sound (given election yr n'all) IV is the only entity that we can pin our hopes on.
I mean I'm pretty sure King is gonna just shrug it off. Listen to how deluded the man sounds. He thinks USCIS is doing a great job, what with all that bragging about efficiency. Obviously he doesn't realize he's standing there, in that meeting. because the efficiency he's bragging about is clearly NOT ENOUGH. In fact, it's pretty much shitty.
To make things worse, those people in there are controlling the fates of thousands of waiting applicants. And they don't even seem to know the difference btw H1 and 485.
I don't want to just go on feeding this negative train of thought. I just wish something more effective can be done. Isn't there a better solution?
IV is our best chance...Lets hope the bills Iv is pushing get some floor time. I will again say that as difficult and impossible as it may sound (given election yr n'all) IV is the only entity that we can pin our hopes on.
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