lazycis
02-14 04:42 PM
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
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alisa
05-25 07:09 AM
I hope you are right. I hope the visa dates move forward by another year in the next two or three months (atleast for EB3 ROW). But it is unlikely. (Maybe, if the backlog reduction centers are shut down, it might be a possibility)
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
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dj9533
11-10 11:54 AM
AP
I485 Receipt Notice
EAD(just in case)
thats all you need
I485 Receipt Notice
EAD(just in case)
thats all you need
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sduddukuri
04-07 07:49 PM
I said "NO". my lawyer suggested to file it as NO. We left country within 2 days after we came to know about the denial
more...
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chee
11-01 11:13 AM
There was a change in the LUD for my AP...Stus say its been mailed out for me and my spouse
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sam_austin77
12-11 12:30 AM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
more...
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loudobbs
09-25 11:21 AM
before the new quota begins..
Any ideas how many visas are left? I still see a few approvals in ...
Could we see more approvals coming starting Oct 1 st?
I am getting desperate. MY PD is Aug 03 EB2 and it is current. Every day is a torture working for my current employer...
my last resort will be AC-21 Jan 2008
Any ideas how many visas are left? I still see a few approvals in ...
Could we see more approvals coming starting Oct 1 st?
I am getting desperate. MY PD is Aug 03 EB2 and it is current. Every day is a torture working for my current employer...
my last resort will be AC-21 Jan 2008
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ItIsNotFunny
03-26 01:33 PM
No, if you had H1 before (in 6 years) you are not subject to cap.
If you don't have 1 year gap. otherwise you are subjected to.
If you don't have 1 year gap. otherwise you are subjected to.
more...
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pointlesswait
01-28 05:21 PM
Obama's Father.. was from kenya :D
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SNLive999
06-10 10:51 AM
Thanks Dhun Dhun....bumping it.....
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pbojja
05-21 12:03 PM
Has anybody in this group(i.e. whose I-140 was transferred to TSC from NSC recently) seen any movements in their case? I am in the same boat, I-140 filed May'07 at NSC and moved to TSC in Apr'08. I saw one more related thread but haven't seen any approvals recently.
http://immigrationvoice.org/forum/showthread.php?t=18566
Please do update if you have any recent updates. Thank you
Looks like all the transfer cases are placed seperately and will not be touched for a while , My case was transfered to TSC on April 7th 08 and RD : July 5 th 07 . No word from TSC .. Not sure what we can do , more than a year of waiting for 140 approval ...God only can help us
http://immigrationvoice.org/forum/showthread.php?t=18566
Please do update if you have any recent updates. Thank you
Looks like all the transfer cases are placed seperately and will not be touched for a while , My case was transfered to TSC on April 7th 08 and RD : July 5 th 07 . No word from TSC .. Not sure what we can do , more than a year of waiting for 140 approval ...God only can help us
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waitingforgc
06-05 09:37 PM
I applied for my H-1 extension in mid April and my current H-1 is valid till mid August. After reading about the waiting times in the posts above I am wondering what happens if I don't get the approval until mid August. Will I be out of status ?
Thanks
Thanks
more...
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India76
09-17 02:08 PM
one more question... if I reenter using my AP then IO always take you to some place/room to verify something or its sometimes/randomly only? I just realize that my connection time while coming back from one airport(POE) to another is just 2 hours.
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Desichakit
09-14 08:04 AM
Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately
more...
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sanju
11-09 12:17 AM
Did someone say beer? If you guys will bring in chips and salsa, I will get beer. Let me know if you decide for 7ish on Friday. Will be there.
Cheers,
Cheers,
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canmt
10-26 10:40 AM
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before your visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.
I hope this helps and good luck on your green card pursuit...
I hope this helps and good luck on your green card pursuit...
more...
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little_willy
02-23 11:59 AM
Oh really It's a Great news! I don't know this.So if we loose job and use cobra a family can get Insurance for about $250-$300 for 9 months.Do you have any link explaining this to get some more info?
http://personalinsure.about.com/od/health/a/aa021809a.htm
The First Part of The COBRA Stimulus Plan: Reduced Premiums
The COBRA stimulus plan basically has two parts. In the first part, The COBRA stimulus plan will be able to step in and help struggling families trying to pay their COBRA benefits. People who are currently enrolled in the COBRA plan will get a 65% reduction in their premium costs. This will be a huge savings to many families struggling to keep their COBRA benefits.
Part 2: The Ability to Re-Enroll into COBRA
The second part of the COBRA stimulus plan will provide recently unemployed people the ability to re-enroll into the COBRA plan, even if they had denied coverage in the past. This will help a great amount of people who choose not to continue their health insurance through COBRA because they just could not afford it.
9 Key Details about the Cobra Stimulus Plan
1. Valid for people who were involuntarily terminated between September 1, 2008 and December 31, 2009
2. To be eligible annual income cannot exceed $125,000 for a single person and $250,000 for a couples
3. 65% of existing COBRA premiums will be subsidized by the U.S. Treasury Department
4. Subsidies will be available for up to 9 months
5. If you declined COBRA coverage after September 1, 2008 you will have the option to re-enroll into COBRA with the above subsides
6. Notices of the COBRA subsidies and re-enrollment information will be sent from the COBRA administrator (usually your previous employer)
7. Subsidies will be paid, via a refundable tax credit, directly to the COBRA administrators
8. Subsidies will terminate if the enrollee acquires a new health insurance plan through another employer or is eligible for Medicare
9. Subsidies will only apply to COBRA premiums paid after the effective date of February 17, 2009 and there will be no refund of premiums prior to this date
http://personalinsure.about.com/od/health/a/aa021809a.htm
The First Part of The COBRA Stimulus Plan: Reduced Premiums
The COBRA stimulus plan basically has two parts. In the first part, The COBRA stimulus plan will be able to step in and help struggling families trying to pay their COBRA benefits. People who are currently enrolled in the COBRA plan will get a 65% reduction in their premium costs. This will be a huge savings to many families struggling to keep their COBRA benefits.
Part 2: The Ability to Re-Enroll into COBRA
The second part of the COBRA stimulus plan will provide recently unemployed people the ability to re-enroll into the COBRA plan, even if they had denied coverage in the past. This will help a great amount of people who choose not to continue their health insurance through COBRA because they just could not afford it.
9 Key Details about the Cobra Stimulus Plan
1. Valid for people who were involuntarily terminated between September 1, 2008 and December 31, 2009
2. To be eligible annual income cannot exceed $125,000 for a single person and $250,000 for a couples
3. 65% of existing COBRA premiums will be subsidized by the U.S. Treasury Department
4. Subsidies will be available for up to 9 months
5. If you declined COBRA coverage after September 1, 2008 you will have the option to re-enroll into COBRA with the above subsides
6. Notices of the COBRA subsidies and re-enrollment information will be sent from the COBRA administrator (usually your previous employer)
7. Subsidies will be paid, via a refundable tax credit, directly to the COBRA administrators
8. Subsidies will terminate if the enrollee acquires a new health insurance plan through another employer or is eligible for Medicare
9. Subsidies will only apply to COBRA premiums paid after the effective date of February 17, 2009 and there will be no refund of premiums prior to this date
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s416504
08-29 12:24 PM
I saw many 2nd July Polls but doesn't have full proof information.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
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wandmaker
10-26 10:51 AM
You can extend your h1 by 1 year, if you labor has been pending more than 1 year. 3 year extension is allowed when you have the approved I-140.
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.
I hope this helps and good luck on your green card pursuit...
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.
I hope this helps and good luck on your green card pursuit...
sbajaj80
09-12 02:54 PM
No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.
Thanx!
Thanx!
pappu
02-17 11:40 AM
we worked on this op-ed article and Nitin did exceptional hard work and we can see the results here -
Hindustan Times Article about Discriminatory Amendment
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=ViewsSectionPage&id=26183b7b-d7fe-4db4-a081-f54262ab1fd7&MatchID1=4924&TeamID1=4&TeamID2=2&MatchType1=1&SeriesID1=1244&PrimaryID=4924&Headline=Anti-immigrant+song
OR
http://immigrationvoice.org/forum/showthread.php?t=23776&page=1000
We encourage all members to send us op-ed articles and will do our best to get them published in the media.
Hindustan Times Article about Discriminatory Amendment
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=ViewsSectionPage&id=26183b7b-d7fe-4db4-a081-f54262ab1fd7&MatchID1=4924&TeamID1=4&TeamID2=2&MatchType1=1&SeriesID1=1244&PrimaryID=4924&Headline=Anti-immigrant+song
OR
http://immigrationvoice.org/forum/showthread.php?t=23776&page=1000
We encourage all members to send us op-ed articles and will do our best to get them published in the media.
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