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http://s202395528.onlinehome.us/2007/07/03/the-cis-has-really-outdone-itself-this-time/

CIS has really outdone itself this time

The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.



According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.




This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.




The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.


By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.




Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.



And people wonder why we have an immigration problem.



This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.


http://s202395528.onlinehome.us/2007/07/03/more-evidence-of-illegality-in-the-update/

You are too fast ;-)

This looks good..

Green card will be giving for the people can help USA by serving army as doctors, nurses, transilators etc. Requirement is 2 year legal stay in USA.
See the link.http://news.yahoo.com/s/ap/20081205/ap_on_go_ca_st_pe/military_recruiting

Guys,

I want to sue them for 3 things -

1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.

Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!

I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

Right now she is on H1 as well as AOS.

Suddenly everyone is out to relieve the poor old neglected 'hi-tech' guy :D ...wonder if we are being used as a bargaining chip for CIR...

My opinion is it is better to get a lawyer to file Nunc Pro tunc.

Read this article on the same. http://www.murthy.com/news/n_nunpro.html

It means if not then now or some thing like that. I guess it is a latin or greek..not sure though.

Hi Everyone,

Dont know if anyone thought about this or not.
I know so many people have switched their previous employer who actually filed for GC.
The employer also had the GC cost deducted from the employees salary.
Now my situation is the same.
I no longer work for the previous employer and my offer letter does say that employer will cover the cost of GC.
but what actually happened is something that happened with so many people.
Now since i dont work for that employer is it appropriate to ask the employer to reimburse me the GC cost as it was mentioned in the offer letter that employer will pay for the GC processing?
BTW.. my 485 is filed and i do have my EAD
let me know if someone has more information about it.

On 05/2005 applied I-485, got rejected and again applied now and forgot to mention in "Have you ever applied before..." caluse.
Got reply from lawyer saying that it is not big deal but we can send a letter to CIS.
Is it going to be the reason for rejecting again?
Please share your opinion

Do you know the reason for rejection?

Our Hard Quota Memo (in our Resources section) is now posted on the widely read Bender's Immigration Bulletin http://bibdaily.com/index.cgi

Before we created this memo, this fact was not widely known and we are doing our best to get the word out.

best,
Berkeleybee

Some of my friends who applied a week after me have got it.

I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...

A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.

I may be wrong .. but this is how i perceive it


Peace.


H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?

If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!

Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.

(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).

What can you expect from such a low life women. She and her master Bush are all liars.

I am also in the same scenario. Any info will be appreciated.

Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)

I also have the same question can someone comment on this

thanks !!

Bumming up /\ /\ /\
When I applied I140 and I485 concurrently along with EAD in June 2005, I got EAD approved and mailed in 1 month. But my I140 got approved after an RFE in the last week of Nov 2005. EAD and AP processing dates are different.

ARC,

My understanding is you will need a temp work visa to go to Canada, even if you have an EAD.

Usually when a lawyer gets blacklisted, there's lots of chaos. The lawyer's new reputation spreads like wildfire and there's a lot of staff changed. A lot of clients fall out.

In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.

All of them told me the same story. Too many miracles, case got investigated, blacklisted.

Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.

Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.

Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.

well yes and no. depends on a lot of factors. If there is nothing wrong with your case, you dont have to worry.

Only issue is - getting a denial and applying for MOTIC means spending money and unnecessary tension and if you are out of the country when you get a denial - it gets extremely complicated.

Once preprocessed, there is no reason for USCIS to touch the files until the dates are current so hang in there. Do not stress.

Know what is going on and be prepared.

Playing it safe and stressing and trying to get total control over your situation will only result in added stress and not good for health.

I would strongly recommend that people must really come forward and lobby hard for atleast a recapture bill or any other bill. We MUST all start working extremely hard to get our issues resolved and IV is a wonderful platform.

Hello All,

One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.

Regards,
Azeez

nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

can you share your exp. about using AP than get H-1b extension and again using of AP. how did it go.

regards