bluekayal
08-23 04:54 PM
Rest easy folks:
Mayorkas said he was determined to “get it right and get it fast.” “The community deserves consistency,” he said. “These are our customers, and we are committed to improving customer service.”
The latest example of the changes wrought by Director Mayorkas is an opportunity to allow the public to comment on interim guidance memorandums before they becomes effective in final form. This type of pre-effective-date chance to comment never happened before with the old INS or the pre-Mayorkas USCIS. The early-peek opportunity for comment allows the agency to withdraw with dignity intact from a position that stakeholders may show is contrary to law or legitimate business practices. For example, USCIS is now accepting comments on a guidance memo with a dry title but a topic of great significance to many prospective green-card applicants with high levels of accomplishment: “Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions.”
This particular guidance memo arises from a debunking the agency received from the Ninth Circuit Federal Court of Appeals in Kazarian v. USCIS, 596 F.3d 1115, C.A.9 (Cal.), March 04, 2010 (NO. 07-56774). The Court in Kazarian held that USCIS (in this case the Administrative Appeals Office) may not “unilaterally impose novel substantive or evidentiary requirements” without support in the Immigration and Nationality Act or agency regulations.
While Kazarian dealt with EB-1 (extraordinary ability or achievement) green-card eligibility criteria, the interim agency guidance cited extends this also to the EB-2 immigrant visa category for exceptional ability aliens. In my view, USCIS should have issued a guidance memorandum more broadly. Stakeholder feedback should have been issued on a guidance memorandum (which I’d be happy to craft upon request) entitled “Illegality of Unilaterally Imposing Novel Substantive or Evidentiary Requirements.”
Nation of immigrators - A public policy blog on our dysfunctional immigration system � The Dark Sides of Immigration Fame and Anonymity (http://www.nationofimmigrators.com/?p=349)
Mayorkas said he was determined to “get it right and get it fast.” “The community deserves consistency,” he said. “These are our customers, and we are committed to improving customer service.”
The latest example of the changes wrought by Director Mayorkas is an opportunity to allow the public to comment on interim guidance memorandums before they becomes effective in final form. This type of pre-effective-date chance to comment never happened before with the old INS or the pre-Mayorkas USCIS. The early-peek opportunity for comment allows the agency to withdraw with dignity intact from a position that stakeholders may show is contrary to law or legitimate business practices. For example, USCIS is now accepting comments on a guidance memo with a dry title but a topic of great significance to many prospective green-card applicants with high levels of accomplishment: “Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions.”
This particular guidance memo arises from a debunking the agency received from the Ninth Circuit Federal Court of Appeals in Kazarian v. USCIS, 596 F.3d 1115, C.A.9 (Cal.), March 04, 2010 (NO. 07-56774). The Court in Kazarian held that USCIS (in this case the Administrative Appeals Office) may not “unilaterally impose novel substantive or evidentiary requirements” without support in the Immigration and Nationality Act or agency regulations.
While Kazarian dealt with EB-1 (extraordinary ability or achievement) green-card eligibility criteria, the interim agency guidance cited extends this also to the EB-2 immigrant visa category for exceptional ability aliens. In my view, USCIS should have issued a guidance memorandum more broadly. Stakeholder feedback should have been issued on a guidance memorandum (which I’d be happy to craft upon request) entitled “Illegality of Unilaterally Imposing Novel Substantive or Evidentiary Requirements.”
Nation of immigrators - A public policy blog on our dysfunctional immigration system � The Dark Sides of Immigration Fame and Anonymity (http://www.nationofimmigrators.com/?p=349)
wallpaper Ed Westwick amp; Leighton Meester
plassey
07-21 12:19 PM
You would think that USCIS is effecient and well managed, but the fact of the matter is that they are not.
If you think about what happened in last one month , it points out that things are in pretty bad shape untill take notice by affected people like us.
Well, if you do the direct calculations (eventhough it looks correct for most of us), it always results scary.
But that does not happen always. A Government Agency decided to accept that many applications in a month window, defintely it would not have been decided in a lunch or dinner meeting.
They should have known their limitations and how to handle the situation. If there are 20K 485 applications sitting at the storage, it would not create much problems. But it creates so much administration issues if the number is 600K applications.
One major issue is, every year they are going to receive 600K EAD renewals. They will never get time to work on 485, but life long working on renewing this EAD's and no more further GC processing.
So, its not going to be the case. Now they have money, even if it takes first year some more months, they may go for hiring more contracters OR spliting the applications across different centers processing them.
Its a big administration issue to the agency to keep all the applications pending than us.
So, no worries. There must be a solution ahead for us.
If you think about what happened in last one month , it points out that things are in pretty bad shape untill take notice by affected people like us.
Well, if you do the direct calculations (eventhough it looks correct for most of us), it always results scary.
But that does not happen always. A Government Agency decided to accept that many applications in a month window, defintely it would not have been decided in a lunch or dinner meeting.
They should have known their limitations and how to handle the situation. If there are 20K 485 applications sitting at the storage, it would not create much problems. But it creates so much administration issues if the number is 600K applications.
One major issue is, every year they are going to receive 600K EAD renewals. They will never get time to work on 485, but life long working on renewing this EAD's and no more further GC processing.
So, its not going to be the case. Now they have money, even if it takes first year some more months, they may go for hiring more contracters OR spliting the applications across different centers processing them.
Its a big administration issue to the agency to keep all the applications pending than us.
So, no worries. There must be a solution ahead for us.
ANGEL
07-29 08:26 PM
Hello,
I am just showing you my ignorance but what is it about.My wife works in DC right now and very active in fighting for our cause,she is a nurse.She has few correspondence with few senators and congressman but it will be great if there is a bigger force behind it all.please let me know how we can help.I too am tired of waiting in a limbo,the uncertainty is too much and by the day I get so discouraged and sometimes on the verge of giving up.
I am just showing you my ignorance but what is it about.My wife works in DC right now and very active in fighting for our cause,she is a nurse.She has few correspondence with few senators and congressman but it will be great if there is a bigger force behind it all.please let me know how we can help.I too am tired of waiting in a limbo,the uncertainty is too much and by the day I get so discouraged and sometimes on the verge of giving up.
2011 and Leighton Meester had
seahawks
07-06 02:34 AM
let me ask you this. did anyone from "leadership" call/email/contact you when you were inactive/busy with your life. if the leaders did not call/email you, how will you know if your help is needed. i don't see how its u'r fault
yep, they did, they called email me and asked me to contact other people and organize in a state chapter level. They are also helping on getting other people to help me mobilize members from a state chapter level. The point is the sense of urgency on how we need to move forward together. There is absolutely no room for confusion and I agree when people dont see results, there is always suspicion. But to build an organization from scratch is no easy task, we must recognize that and be respectful of people who do put their time and efforts to make things happen. We all must channelize our energy to making this successful. Everyone has their opinions and I respect that, but I am more interested on hearing solutions if you see there is no progress. Simply asking for change but knowing what change means to all of us will have no takers!
yep, they did, they called email me and asked me to contact other people and organize in a state chapter level. They are also helping on getting other people to help me mobilize members from a state chapter level. The point is the sense of urgency on how we need to move forward together. There is absolutely no room for confusion and I agree when people dont see results, there is always suspicion. But to build an organization from scratch is no easy task, we must recognize that and be respectful of people who do put their time and efforts to make things happen. We all must channelize our energy to making this successful. Everyone has their opinions and I respect that, but I am more interested on hearing solutions if you see there is no progress. Simply asking for change but knowing what change means to all of us will have no takers!
more...
tikka
06-03 03:08 PM
I understand but i already sent our media drive to 50 different media , i aleady sent multiple faxes , i already sent many many emails but please advise me what more should i do to convince IV core that issues i have mentioned also effect many who are already IV members , i am requesting you to see Text of Webfax is added acoordingly ?
I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected
please check
thank you
I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected
please check
thank you
rsdang
04-30 10:41 AM
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
some movement - hope it results in progress... Keeping the fingers crossed...
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
some movement - hope it results in progress... Keeping the fingers crossed...
more...
Maverick1
11-09 01:49 PM
Thanks to the glorious service of the Atlanta center :mad: I missed the I-485 bus by 7 days( Labor cleared on Aug end ). Many people with later PD's got cleared from the Chicago PERM center . Now I just watch as all members get their EAD's and AP's while I wait with nothing but hope and watch legislation after legislation fail in the senate and house , and the letters flying all over the place .
Very SAD to know that you missed the opportunity to file AOS by 7 days. I know how painful it can be.
Do you know of any efforts to speed up the ATL PERM processing ? I see the graph at has a downward trend lately (less average time for approval).
Very SAD to know that you missed the opportunity to file AOS by 7 days. I know how painful it can be.
Do you know of any efforts to speed up the ATL PERM processing ? I see the graph at has a downward trend lately (less average time for approval).
2010 Ed Westwick, Jessica Szhor
pandu_hawaldar
07-06 01:46 PM
http://infotech.indiatimes.com/articleshow/2180544.cms
more...
ramus
09-09 10:46 AM
Great.... very glad to see members are coming forward and understand importance of this rally... Lets keep moving..
Contributed $ 100 - Google
Contributed $ 100 - Google
hair Chace, Leighton and Ed,
ultimo
09-30 06:09 PM
none knows the answer when u will get GC . Even uscis doesnt know .
hope they will use the full number this fiscal year
hope they will use the full number this fiscal year
more...
Milind123
09-13 08:55 PM
Milind you rock......thanks for efforts.
No thank you Libra for encouraging people to contribute. My new contribution is in my signature.
Now please welcome bala, our special guest, who will take the last shot of this round.
No thank you Libra for encouraging people to contribute. My new contribution is in my signature.
Now please welcome bala, our special guest, who will take the last shot of this round.
hot Leighton Meester amp; Ed Westwick
mpadapa
09-10 09:21 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
more...
house Ed Westwick, Leighton
gctoget
07-16 11:53 AM
nice to see good activity on the forum. Please hold on from holding any rally until you hear from IV core. We have some good synergy amongst or members in So Cal, lets plan a meeting in the coming weeks and decide on an action plan. I would encourage you to start thinking about ideas/specific actions we can take. I have a few ideas and would share it on our so cal email distribution list. Who can take the initiative to organize this meeting? Twinbrothers? any one else? Pls P.M me.
Hi,
I have made a list of all SoCal members. It is coming upto 50. Please give us instructions on arranging a rally in LA, SanDiego or Orange county ASAP.
Hi,
I have made a list of all SoCal members. It is coming upto 50. Please give us instructions on arranging a rally in LA, SanDiego or Orange county ASAP.
tattoo Blake Lively and Leighton
map_boiler
07-05 01:24 PM
I just sent emails to senators Bennett and Hatch in Utah.
more...
pictures Ed Westwick and Leighton
onemorecame
07-24 12:14 PM
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
how did you applied in i-485 on June 2007? or you applied on July 2nd?
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
how did you applied in i-485 on June 2007? or you applied on July 2nd?
dresses Ed Westwick amp; Leighton Meester
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.
Legal immigrants pay taxes at higher rates due to their immigration status
I do not think the above is true.
more...
makeup Ed Westwick | Silly Fan Girl
gjoe
01-06 08:16 AM
Folks,
..
Indian culture, heritage 5000 years old. Indian education is gift of britishers, hence needs some adjustments to suit the current global competition.
A small but important correction in the above quote. Indian education is not a gift of the Brits. As a matter of fact history of eduction in India dates back to its cultural heritage. Nalanda university is considered to be the worlds first university. Correct me if I am wrong.
..
Indian culture, heritage 5000 years old. Indian education is gift of britishers, hence needs some adjustments to suit the current global competition.
A small but important correction in the above quote. Indian education is not a gift of the Brits. As a matter of fact history of eduction in India dates back to its cultural heritage. Nalanda university is considered to be the worlds first university. Correct me if I am wrong.
girlfriend Leighton Meester and Ed
Libra
09-11 11:52 AM
thanks pankajkakkar and iam_1900 for your contributions.
hairstyles Blake Lively,Leighton Meester
globaldesi
04-18 10:54 AM
Just got my 140 approved...no confirmation from the employer yet but received email from CRIS saying they mailed the approval on April 15. Looks like the published processing times are being adhered to.
Harivinder
09-10 02:07 PM
$100 Google Order #565447969371741
I will not be able to make it for the rally, my one-cent contribution, also trying to convience some friends to make some contributions. Also I want to make a suggestion, Please urge Congress via banners or what so ever means to take Legal Immigration and Illegal Immigration separately. We are so badly being hit by congress combining these issues.We are legal taxpaying immigrants and should be treated the same way. Not equivalent to illegal immigrants.
I will not be able to make it for the rally, my one-cent contribution, also trying to convience some friends to make some contributions. Also I want to make a suggestion, Please urge Congress via banners or what so ever means to take Legal Immigration and Illegal Immigration separately. We are so badly being hit by congress combining these issues.We are legal taxpaying immigrants and should be treated the same way. Not equivalent to illegal immigrants.
pmpforgc
03-05 10:42 PM
For all the replies to my post. I understand that there are many others in the same situation I am in, who can understand and feel the injustices of this process.
I understand that we made personal choices and we have to take responsibility for our actions, if something is clear is that h1-B is a NON-EMIGRANT visa. I just wish there was more transparency from the USA government when it comes to apply for PR through employment. The backlogs and collapse of the system, only reflect the lack of interest in solving the problem which in my opinion it's also a reflection of the lack of interest in having any more skilled professionals coming to the US.
Most of the participants in this forum are from India. I appreciate your insights and wisdom, you are well known for being spiritual people who work hard through hardships in life. Many of you have left here important advices and I am grateful for that.
Personally I have done my best to live a life outside this green card ordeal. I have moved on trying to live a normal life without being obsessed with this problem, but as most of you know, reality hits quite often and we are reminded of the limitations that our legal position imposes, more often than not.
I am only regret the rude comment of somebody who replied saying " Give up something you don't have? Live a life". It's true I don't have anything to give up and that is the sad part of all this process. I have invested thousands of dollars from my own pocket, gone under distress and suffered the unfairness of the system in exchange of nothing. Yet.
Thanks for your feedback, and good luck to all you. I hope that someday in the future people from my country, or any country for that matter, wont be forced to leave their families and friends behind because of unbearable live conditions we face.
Just wanted to highlight two sentence from your post, which are contradictory. You yourself said we made personal choice. so it is hard to belive any one is forced to immmigrate from their home country and get away from their family against their own wish. That is only possible if you immigrated or came here as minor and your parents/adopters made those choices for you, which you did not like. But as i understand from you posts, you applied your own H1B, so I assume it was not against yours wishes. And also in your first post you already mentioned that when you first came here your family was very happy for you. So I assume at that time no one from you or your family were worried about UNBEARABLE Living Conditions in US that WE FACE?
I understand that we made personal choices and we have to take responsibility for our actions, if something is clear is that h1-B is a NON-EMIGRANT visa. I just wish there was more transparency from the USA government when it comes to apply for PR through employment. The backlogs and collapse of the system, only reflect the lack of interest in solving the problem which in my opinion it's also a reflection of the lack of interest in having any more skilled professionals coming to the US.
Most of the participants in this forum are from India. I appreciate your insights and wisdom, you are well known for being spiritual people who work hard through hardships in life. Many of you have left here important advices and I am grateful for that.
Personally I have done my best to live a life outside this green card ordeal. I have moved on trying to live a normal life without being obsessed with this problem, but as most of you know, reality hits quite often and we are reminded of the limitations that our legal position imposes, more often than not.
I am only regret the rude comment of somebody who replied saying " Give up something you don't have? Live a life". It's true I don't have anything to give up and that is the sad part of all this process. I have invested thousands of dollars from my own pocket, gone under distress and suffered the unfairness of the system in exchange of nothing. Yet.
Thanks for your feedback, and good luck to all you. I hope that someday in the future people from my country, or any country for that matter, wont be forced to leave their families and friends behind because of unbearable live conditions we face.
Just wanted to highlight two sentence from your post, which are contradictory. You yourself said we made personal choice. so it is hard to belive any one is forced to immmigrate from their home country and get away from their family against their own wish. That is only possible if you immigrated or came here as minor and your parents/adopters made those choices for you, which you did not like. But as i understand from you posts, you applied your own H1B, so I assume it was not against yours wishes. And also in your first post you already mentioned that when you first came here your family was very happy for you. So I assume at that time no one from you or your family were worried about UNBEARABLE Living Conditions in US that WE FACE?
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