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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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  • nojoke
    10-20 11:55 AM
    He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?

    Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.

    Give me an ad like "he is palling around with ...". Or "he is teaching sex for babies..." or..
    I can go on. Obama has highlighted healthcare policy differences. That is not negative ad. The only negative ad I have seen is " he is erratic.."





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  • HawaldarNaik
    03-09 12:21 PM
    let us wait for May bulletin....

    and then june....then july....and so on and so forth visa bullietins......:D





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  • 24fps
    02-04 02:41 PM
    For people who don't know, Country Cap goes by Country of Birth , not country of citizenship...So if you are born in India but now you are canadian Citizen, you will still be counted as Indian for EB based Green Card allocation, isn't this a blatent racist agenda. I have a letter from Congresswoman Zoe Logfren's office, which clearly says 'I will work on removing arbitrary country quota on employement based Green Cards', we just need to pursue her...

    its not racism its just an old rule

    u can be indian but born in a different country and you could avail of ROW benefits, my friend is indian but was born in europe as his father was workin there at that time and then moved back to india and now he got his GC in under 2 years in EB2

    racism is purely based on your ethnicity



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  • ashkam
    07-24 11:25 PM
    If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.

    The A# which is present both on the I-140 and the OPT EAD card.





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  • anurakt
    01-17 03:11 PM
    Sent PM... and FYI... I am not a non-contributor as well


    I have sent you a PM , please call me ....



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  • BharatPremi
    07-10 12:22 AM
    very well pointed out! maybe there is more to this than meets the eye, because the lawsuit doesn't seem to mention this violation. Or is there a remote possiblity that the lawyers havent done their math?:confused:

    Ofcourse, this can become the main bullet of the law suite gun.. but hold on before firing it... It can backfire to us... End result can be unwanted... Worst Scenario could be revoking all GCs granted in June and few days of July... multiple lawsuites !!! --- AND increment in the BACKLOG where you and I and everybody in this forum are still stuck.





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  • sanju
    02-13 05:29 PM
    You honestly believe that our problems are comprable to the suffering that the real victims of ethnic cleansing go through?

    Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.

    "What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?

    Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.

    .



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  • McGuffin
    02-14 07:15 PM
    I'm in.





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  • CADude
    02-21 11:16 AM
    YES and YES.

    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks



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  • intheyan
    06-29 05:36 PM
    Got approval emails yesterday.

    PD Feb 2004
    EB2 India
    LC Approved 8/10/06
    140 Approved 2/12/07
    485 Filed on 6/27/07 NSC



    Did u Used AC21 or changes job after applying I-485 Or is it a stright forward case.

    Thanks in advance for the reply.





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  • kandhu
    06-10 04:55 PM
    Done



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  • deepakjain
    06-08 06:38 PM
    You might get your GC while you are at the retirement home....

    Do not get me wrong ....140 crore Rupees [EAD & AP Renewal] just for pending 485 is not an small amount.....

    they will be another July 2007 fiasco in 2010.....so that another 200K people board the non stop flight for GC destination......so that 140 Crore becomes 280 Crore Rupees....those 2000 hired by USCIS in 2007 will be waiting for salary hike ....:D





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  • rpuja
    07-28 08:03 AM
    Hi all,

    I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.

    I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.

    Thanks



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  • EB2_Jun03_dude
    04-25 04:52 PM
    Congrats!
    Could you please tell us what those job titles were, starting from the original one?
    Thanks

    The original LC title was 'software engineer',
    first AC21 job: 'Senior Consultant'
    second AC21 Job: 'Senior Developer (AVP)'





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  • GC_SUCK
    08-16 01:07 PM
    All my security check are cleared as per information from IO (by calling 4 times in last 4 months).

    I am hoping that I will get GC by the end of this year.

    You are in GREAT shape. You are current as of September. As long as there is no retrogression you should be good as soon as your security checks are cleared.

    A 6 months wait is not unreasonable. I'd be happy with that if I was you!



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  • nojoke
    09-19 02:33 PM
    nojoke, do you even have a job?
    why on earth are you so worried.

    Your rants are getting endless, you are spreading pessimism everywhere. like you were a hedge fund manager and are going to file bankruptcy.
    btw, during the dotcom thing, just the telecom company hit was close to $750 billion. And with the big VC funded ventures completely got wiped out, the losses were much large.
    also the people that were affected, huge job losses. thousands of people showing up at small job fairs. it was a recession. economies go into recession, and come out of it.

    And media likes pessimism, they like destruction, mayhem. If you have not figured that out yet, it is time.

    yes, some of the concerns are valid, but you talk like nostradamus, as if you know whats happenin. like the country is going to pack its bags and every citizen is going back to where their ancestors came from. get real.
    economies fail, its how much time it takes to bounce back is what matters.

    I would say just chill, spend quality hours at your job then you did before, keep it secure, spend time with your family. live your life happily.

    We are citizens of the world and with the globalization that has spread, the ripple effect is going to be felt far and wide.
    These Investment banks has presence in over 50 countries worldwide.

    You can run, but you cannot hide.

    You seem to be in this forum accusing me of discussing in this forum?:mad:Great. Get real. If I talk about the facts, it means I am spreading fear? If I stop talking about it, then the situation will magically go away? Nostradamus? I am saying what is in the news. Looks like you are predicting that everything will be fine and rosy. It is a free country. You want to disagree with me go ahead. Don't tell me not to talk about it.
    Don't be delusional. I will be happy if things work out well for us. And don't think not talking about the problem will some how make it go away.





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  • coolmanasip
    03-07 09:45 AM
    you are lucky man.....what you say makes sense.......but here is the reality.......

    GC process is 3 step process and the lawyer is representing you (485 stage) as well as the employer (labor and 140 stage)........So, if you leave the employer, most lawyers will refuse to continue to represent you unless they authorized in written by the employer....it is a conflict of interest for them.......hence, I think I will go to some other lawyer for AC 21......and thats why the money.....


    It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..





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  • mbawa2574
    02-16 12:06 PM
    You don't get it, do you? I've never talked about you. What I am saying is simply this: If you don't limit the number of immigrants from one country, you essentially become a part of that country with the influx of people coming from there. This is what people in America are afraid of. They can't limit the influx of illegal immigrants from Mexico and other latin america countries, and it is becoming a big deal for them, since they don't want to be forced to learn spanish next time they go to a diner.
    Is it racist? probably so. But remember, it is their country; They make the laws. They can make people dance for 5 minutes at ports of entry while they film it and post it to youtube if they like (see recent articles about search and seizures of returning greencard holders' electronic equipment).



    And who the hell are you to tell me this?


    What did I say? What I mentioned was the natural tendency of people of one language and one common background to gather together and stay together, even though the whole society asks them "Please forget your background and become one of us". How is that racist? This law stops the society to become divided into two factions of 'Us' vs. 'Irish' or 'Us' vs. 'Italians' or 'Us' vs. 'Iranians', etc. There have been several waves of people coming to US for whatever reasons; They are just making sure this doesn't happen again.

    This per country cap law is very much like the tax code. If you change it to favor one class of people, you end up screwing everyone else. The current immigration law favors me, so I am happy. It doesn't favor you, so you are (understandably) unhappy. Calling me racist and trying to chase me out of IV is not going to solve your problem.

    On one side you are praising the bigotry of 1940's and racism and on the other hand talking unity. I am sure you are are looser in your life and now Indians and Chinese are your targets since you don't know the meaning of competition. I am not going to waste my time as I am not even sure who planted you here. If you are really not a non-immigrant phony, please state your contribution to the IV efforts. Otherwise we don't need a racist punk like you. Now get off my back:mad:





    luvschocolates
    08-21 02:17 PM
    If I was not required to fill out the form I-485, then why did USCIS send me a letter requesting me to do so? I'm sick of the smart a$$ remarks from some of you. This isn't funny and there are human beings involved. If you can't be helpful then please don't bother responding. Keep your remarks to yourself. I came here looking for some help, not a bunch of criticism and hurtful comments. It's not that simple just to go back to Canada like you think and I can't just leave the person I care for because you think I'm considered indispensible. Perhaps you'd like to talk to the people in this household and see just how willing they are to let me go. This is not just about packing up and leaving, I have roots here now and I cannot just abandon these folks. There is NO ONE to take care of them, not family, not friends and they do not want a stranger - period. We already tried that and it didn't work. How many people do you know that would willingly take care of a 500 lb. bedridden person, change catheters, bathe them and cook, clean and take care of other household chores simply for room and board? We offered the job to legal American citizens and when they heard the man was 500 lbs, they backed off before hearing the rest. I AM WILLING, he is used to me, I am used to him and there is no one else, including his own children, who will do what I do, so before you tell me I'm indispensible, try doing this job. We can't even get professional medical personnel in here to help, so exactly how am I indispensible under the circumstances? Should I just abandon him and let him rot and die in his own bed? Is that considered humane in your eyes? If he's obese does he not deserve the same quality of care as an ideal body weight person? Does his obesity make him undeserving of humane treatment? As I said, this is not just about legalities, this is about a human being needing someone to care for him and it's not that simple to get another person in here. I deal with him 24/7, I don't get a day off - would you do that? I doubt it!

    If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
    As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
    If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
    I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.





    veerug
    07-04 12:31 AM
    I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.

    I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.

    I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?

    Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?

    Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.

    Veeru

    I will sleep less stupid tonight!!



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