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  • Jbpvisa
    07-12 11:01 PM
    http://www.murthy.com/chertoff_murthy.html

    July 12, 2007

    VIA FEDERAL EXPRESS
    Michael Chertoff, Esq.
    Secretary
    Department of Homeland Security


    RE: USCIS Decision to Reject I-485 Filings

    Dear Mr. Chertoff:

    It was a pleasure and an honor to meet with you and to share my views during your panel discussion at the Harvard Worldwide Congress June 15, 2007 in Washington, D.C. I understand and appreciate that the responsibility vested in you as the Secretary of the U.S. Department of Homeland Security is no simple task. We applaud your service to our nation. After meeting with you personally and speaking with you, I am more convinced than ever that you will do the right thing for our country and for the people you serve, both in terms of securing our nation and in being the leader of the DHS, with over 20 federal agencies reporting to you, including the USCIS.

    Purpose of this Letter

    I am writing to you at this time to address recent actions by the USCIS to refuse to accept I-485 adjustment of status filing during July 2007 that are having significant impact upon the reliability of the legal immigration system in this country, as well as impacting legal foreign nationals and the many U.S. businesses that rely upon the work they perform.

    USCIS Decision Contradicts its Long Standing Procedure

    In contradiction of its own long standing policy and procedure, we understand that the USCIS, through its Director Gonzalez, contacted the U.S. Department of State (DOS) and requested or required the DOS to issue a �revised� Visa Bulletin on July 2, 2007. The USCIS then used the revised Bulletin to refuse to accept I-485 filings. This decision deprives thousands of foreign nationals, and their families, of the rights and privileges that are attendant to the I-485 filing.

    These Highly Skilled Professionals Followed All the Rules and Believe in the American Dream

    These professionals and their employers have played by our established immigration laws and rules. The vast majority of these thousands of potential applicants has a U.S. employer corporation, university or other business as a sponsor for permanent resident status. The exceptions from an employer are for those who are considered of �extraordinary ability� or whose work is in our �national interest.� Many of these applicants have completed their Bachelor�s, Master�s and/or PhD programs from U.S. universities. They believe in the opportunities of this great nation and strive to achieve the American Dream by following all the rules, working hard, paying taxes, and striving to do the right thing. They believe in this country, and rely upon our systems, our government, and our processes. Unfortunately, on July 2, 2007, we let them down. The USCIS abandoned its own system and long standing practices. This happened through manipulation of the use of visa numbers, insisting upon the issuance of a "revised visa bulletin," and instituting the USCIS policy of rejecting every employment-based I-485 that could have been filed during the month of July 2007.

    USCIS Decision Denies Substantive and Procedural Rights to Highly Skilled Workers and Their Employers - Many of Whom Have Already Suffered and Will Suffer Further Harm/ Injury

    Not only does the USCIS' action harm the individuals and employers involved, it undermines the reliability of our entire employment-based immigration system. The unexpected decision of the USCIS to refuse to accept any I-485 filings denies both substantive and procedural due process rights to would be applicants across the U.S. All of these applicants are employment based (EB) applicants who are primarily highly skilled professionals or experienced workers, that the U.S. seeks in high demand areas, including: science, technology, medicine, research, business, academia, and education.

    The harm in not accepting the filings in July 2007 goes beyond mere delay. In reliance upon the July Visa Bulletin, starting in mid-June 2007, these applicants took the steps necessary to prepare their filings and made decisions in reliance upon the USCIS accepting their filings during July 2007. In order to be present in the U.S., as required for these filings, many applicants and their families canceled travel plans abroad or arranged to return to the U.S. on short notice missing family weddings and other important life events. They undertook medical examinations and paid for the required tests which must accompany the I-485 filings. (The USCIS had refused to waive this requirement even temporarily.) They hired lawyers to process their paperwork; they arranged to obtain documents from abroad on an expedited basis, involving foreign lawyers and foreign governments, all at a significant cost. They made employment and other strategic immigration related decisions to be able to process their I-485s for them and their families. Some canceled visa appointments at the consulates, or withdrew other immigration filings, all in reliance upon the USCIS accepting I-485 filings during July 2007.

    The applicants and their employers lose the rights and privileges that accompany the filing of the I-485. These include eligibility for the Employment Authorization Document (EAD) and Advanced Parole (AP), thus eliminating the need for the individuals and their employers to make the filings necessary to maintain a non-immigrant, temporary status. These same ancillary benefits also apply to dependant family members. Most importantly, those that have not filed I-485s are not eligible for "portability" benefits under the �American Competitiveness in the Twenty First Century Act� of Oct. 2000 or �AC21� as it is sometimes referred to. This ineligibility for AC21 portability forces career stagnation. This is to the detriment of the individual as well as their sponsoring employer. Under AC21 portability, employers can promote and/or relocate employees to positions that are the same or similar job classifications as the positions for which they were initially sponsored. Individuals can utilize these provisions for career advancement, and for entrepreneurship. Given that the green card process often spans many years, AC21 portability allows the necessary flexibility to permit the case to continue, to accommodate changes in the sponsoring employer's needs as well as opportunities that are specific to the beneficiary.

    The list of stories of individuals and families harmed by the USCIS decision is endless. We have for example, many spouses who will now be separated potentially for years on end, as one received a green card during the USCIS' June "rush," while the other is now ineligible to file.

    The USCIS decision also created a burden on U.S. employers. Further delays in the green card process mean that, at best, U.S. employers have to continue to file temporary petitions to keep their workforce in the U.S. legally; at worst, it jeopardizes the availability of this needed highly educated and skilled workforce.

    USCIS Motive is to Collect Millions of Additional Filing Fees

    Many are baffled by the USCIS decision to reject I-485 filings in July, and its use of the �revised� Visa Bulletin as an excuse. The suspected motive is the collection of the substantially higher filing fees that will be generated after July 27, 2007. This entire incident sends the wrong message about our government, our policies and our legal system reeking of greed and inconsistency. Even the appearance of such impropriety undermines our system.

    .................
    continue





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  • Sandeep
    02-08 09:16 AM
    Admin,
    I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
    So what you are saying is that since this goes to FBI it is an interagency problem. Or that is what USCIS makes it out to be. So what is it that we are requesting
    -FBI speeds up its operation?
    -USCIS has some follow up system to check with FBI if the number of days elapsed are more than ____ days?
    Since you are more knowledgable on this issue, please post
    1. Description of the process and the reasons for the delay
    2. Solutions that you think we can propose
    Remember that none of us are working on this full time and we depend on such info from you. In the end there is no such thing as a "separate issue" - these are all stepping stones to our objective of getting a GC.





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  • vshar
    08-10 09:32 PM
    Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums

    As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."

    So dear Mr. pathfinder, could u suggest me a �BETTER" path if I have 3 years of bachelors from India with 8 years of IT experience when I landed in USA in 2003. I applied my labor in 6/2006 and my I-140 got rejected when I applied under EB2 category coz My (B Com) was 3 years of degree and not 4 years. So, don�t generalize the problem just because you are not facing it.

    Peace.





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  • smisachu
    09-10 10:05 PM
    This is the reply I got from a student at my grad alma mater

    Dear XXYY

    This year most of the students at GATech have come only to study and get back to India, their homeland. So the participation might be grim due to the same. Even I have decided to return once done with my studies. Guess serving the motherland has been more important to us than earning the $$, since we know that only with efforts of an individual a country can progress.

    Regards

    ZZZZ

    Yup Guys. Ditto.. I was in Penn State last week for their Football game and met some of my class mates and current students..No hope there.

    All of them want to study and go back. After what happened to H1's this year none of them think they will even get a H1 if the wanted to stay.



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  • masouds
    02-15 04:52 PM
    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps.
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'

    :mad:
    Well, US government thinks otherwise about my (or USCIS') logic. If you think it is unfair, you can sue them. I won't stop you.





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  • alisa
    01-23 06:33 AM
    I agree, at some point, things break even, because people will frankly get fed up and leave. That point will be somewhere between 10-20 years. And we will then be congratulating the two or three Indians who wait this out.

    This was just an attempt to model in the absence of reliable information, and to try and get as reliable information as can possible be got. I wish we could get more data and links here than we currently have (just one I think.)

    The modelling on this thread shows wait times of 15-20 years for India, about 5 years for ROW, and somewhere in between for China (I think China will be closer to ROW than India just because their backlogs for 2001 and 2002 were one fourth that of India.)

    The purpose of the exercise was to estimate wait times based on some solid data. Who is getting screwed, and by how much. (Looks like, the answer to 'who' is Indians, and the answer to 'how much' is 'A lot'.)

    People will naturally not wait for 20 years to get a greencard. Either things will be fixed, or people will start leaving.



    I think thigns break even at some point. It is so frustrating that it becomes no longer attractive to pursue GC (If we have not already reached that point).
    You got to be open to change to survive, be it a person or a country. No point in predicting death before GC or any such extreme cases. It will definetely take as long as it needs. Its basic capitalism at best , supply and demand. You can't beat that.

    Nothing wrong in trying to change the course though.



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  • CHHAYA
    08-16 09:07 PM
    Hi Guys,

    I got an LUD on 8/14 on mine and my wifes I485s and also on the first EADs filed along with the 485. Anything cooking? I did change my employer in Feb 2010 and yet to file AC21. If any one had similar LUDs please post.

    Thanks

    I see LUD on 7/10/10 on mine EAD which was filed online in 08. But no LUD on 485 or last EAD which was filed in 09.





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  • satdal
    01-17 03:59 PM
    Just signed up for $20 Recurring Monthly. The video presentation is simply fabulous. Great Job by Aman, as always !
    Here are the details of the subscription --- Subscription#S-5SV04028RR209515C.
    Subscription Payment Sent (ID #2DU65702LW627190T)



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  • StuckInTheMuck
    07-28 12:52 PM
    Next thing we will see is a thread saying......."I just shook hands with Donald Duck" and we will start investigating the characters immigrant status, ethnicity and religious leanings.

    I did shake hands with Donald Duck, so did my 4-yr old daughter (in Disney Land), in hindsight I should have washed my hands well after that :(





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  • McGuffin
    02-23 02:17 PM
    Yeah, I need a set done date, I might not be able to get this one done.



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  • ursosweet
    07-16 10:24 PM
    i suggest rather than talking big words, lets do something.
    like someone on immigrationportal has drafted a letter to time warner stating the misrepresentation of facts by that rascal lou dobbs about h1b visa holders.
    IV core team, once this july fiasco is dealt with, lets draft a long letter and send it to these senators with a copy of our pay stubs showing them that we pay what americans pay.

    i had written letters to my senators and congressman and to NPR abt. the July 2007 fiasco. The more we stand by each other, the more difficult for anti-immigrants and racists to penetrate.

    PK





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  • sri1309
    03-09 10:17 PM
    Both 1A and 2A category for Family Based (sons, daughters, spouse - of citizens and green card holders) has better dates (15th Aug 02, 15th Aug 2004) than EB-2 India, and EB-3 India.

    This is so preposterous, words cannot even begin to describe this absurdity.

    So those of us who have been in U.S. for almost a decade, have been contributing to this society, and have held our life in constant limbo, are being given a lower priority than those who are still back in their own country and living a happy life and who can now immigrate to U.S. based on family immigration.

    Do the lawmakers have no common sense left atall??

    You have a good point, but did you write this to atleast one lawmaker. Everybody here has very good ideas, but there seems to be something missing. We need to act. This is the time to write again.



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  • neoarch
    12-23 10:24 AM
    Hi all,

    I reached US on H4 visa with my husband 6 months ago. I have been working in an IT firm back in India. Now my husband's contract got extended and it seems like we will be here for some years. I don't want to waste my career by simply sitting at home. I have searched through many job sites and I got many calls from desi consultants. Many of them are asking me to change the resume as I have only 2 yrs of experience. By reading thorugh all the forums and articles I am aware of the traps of desi consultants.

    I do not want to show any fake experience. All these consulting firms are saying that I won't get any job here without changing my resume.. :(

    I just want to know your humble opinion about the options I can try. Is it impossible to get through with 2 yrs of experience? Please share your thoughts on it. I feel very sad thinking about my career. :(





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  • eilsoe
    02-16 05:21 PM
    ok I'm in too folks... :thumb:

    Already started, gettin' some ok renders so far, just need to pump up the details and figure out how to model the subway trains... :-/



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  • kumarc123
    03-12 10:41 AM
    To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.

    Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..

    This will achieve the following:
    (1) Assured, stable fund collection for IV activities
    (2) Only genuine IV supporters will sign up.
    (3) To some extent, may be, will keep antis away (this is not assured, but may happen)

    ...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...


    Are you really for real?

    When a company goes down who is the person to be qetioned? CEO

    I believe PapPu here is the main person leading?

    And are you serious about contributions? What has IV achieved lately?


    1 I called numerous senators
    2. I send letter to white house
    3. Sent faxes

    What was the result? Same old bull


    I agree with you on IV being the only organization, but what goos is the organization when it failed principles and objectives?

    IV needs to declare their
    1. Donations
    2. When are they meeting USCIS, I would like to contribute to those meetings.
    3. Where are all the rally's?

    IV Needs to revaluate its objectives, closed door bull wont work.





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  • Ineedsleep
    01-29 02:41 PM
    at last something Im not embarassed to submit!! like the 25 line code contest :hugegrin:



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  • unitednations
    12-21 10:48 PM
    This is from Murthy chat.

    Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?

    Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.

    :mad::mad::mad::mad::mad::mad::mad::mad:



    I had written about this in the past. When I went for local office interview; he had requested all w2's and tax returns from my initial entry shown on g-325( LAST ADDRESS OUTSIDE USA FOR MORE THEN ONE YEAR) which was 1999.

    It said prove that you maintained status on each entry.


    Now: i didn't have any issues but I was pretty upset that officer was going way outside the law and testing periods that he wasn't supposed to. My date of last entry before filing 485 was December 2002 and he was requesting 1999-2006.

    I did inform him that he wasn't supposed to ask for this as it was outside the law. However; what I gathered is that although 245k does have some significant protection for everyone; uscis tries to go other ways in catching/snagging you. Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.

    Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.

    The feeling i got from my interview is that is what he was exactly trying to do.





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  • gc_maine2
    07-13 09:37 AM
    JbpVisa,

    Can you please take a moment to change the SPELLING to 'MURTHY", Please its misleading to members, and thanks for posting the information.





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  • desi3933
    02-11 07:40 PM
    If someone port their EB3 i-485 to EB2, say somebody who's PD is in 2002.

    Does his Visa number go waste or it will be re-used for another case.
    this is with presumption that the cases are pre-adjudicated


    Visa number is considered used only when I-485 is approved or immigrant visa is approved at US consulate.

    Visa number is NOT allocated if I-485 is pre-adjudicated. Pre-adjudicated means that application can be approved but due to lack of visa number it must wait.


    ____________________
    Not a legal advice.





    shiankuraaf
    03-16 12:45 PM
    to see you get defensive and try to make a case etc...........it amuses me........thats why i am doing it!!! :)

    I am just started looking at IV, even though I have joined more than six months ago, and I already started feeling that immigration system in US made many immigrant people crazy, sarcaustic and egoistic and offcourse fools.

    This guy must be made up of one of those. Please advise him to visit a good psychotherapist for pshycho analysis of an immigrant struck in queue.

    ***Do not make waves, you would not drown or reach the land either.***





    meridiani.planum
    03-03 01:36 PM
    I just sent a request to CNN to take a look at this thread. A formal letter may be sent soon. So please continue to vote and participate.

    whats the point? 33 out of 23000 members have voted. Any result here is well beyond all statistical margins of error. Unless atleast 5000 people vote, this poll has no point. The mathematicians among us can derive the exact number, but participation has to be much greater than 33 if this has to be representative of the IV membership.



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