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THE OH LAW FIRM

Dedicated Professionals in Immigration Law for Over 24 Years@


www.immigration-law.com (home page)

Breaking News Archive XV

Reported by Matthew Oh, Attorney

(04/30/2007 - 07/31/2007)

 The Oh Law Firm and its Lawyers are not responsible for reliance by the reader on this information as each individual situation may be unique and different. The readers are advised to seek legal counsel from a qualified immigration attorney. The information stated here is subject to change.

The posting in the Breaking News requires visitors' some level of knowledge of immigration issues. Reading one posting without closely following previous postings will result in reading it out of context. The laws, policies, and practices of agencies are constantly changing and people should be careful in reading old postings. People should not take the news in this page as a legal advice. The purpose of Breaking News is to feed into the immigrant communities up to the minute news, especially inside information of agencies' decision making. Just like any other news reporting, the life span of the news can be very short. This is not a text book or a law book. It is a "news report." This site will welcome "only" those visitors who follow the news reports everyday just like the subscribers of daily newspapers. The sole purpose of this site is to serve the immigrant communities..


Home Page: www.immigration-law.com

Current Page[06/01/2008 - Present]/Archive XVII[03/31/2008 - 05/31/2008]Archive XVI[08/01/2007 - 03/31/2008/Archive XV [04/30/2007 - 07/31/2007]/Archive XIV[06/15/2006 - 03/31/2007]Archive XIII [12/01/05 - 06/14/06]/ Archive XII [08/01/05 - 11/30/05]/Archive XI [04/30/05 - 07/31/05

 


"We Celebrate Eleven Million Visits"

07/31/2007: Rep. Zoe Lofgren Introduced Bill to Void USCIS Filing Fee Increase

07/31/2007: Employment-Based Immigrants Schedule to Stage a Rally in DC on 09/13/2007

07/31/2007: House Passed Liberian TPS Extension Bill for One Year from October 1, 2007

07/31/2007: USCIS Suspends July 2007 VB EAD and Advance Parole e-Filing Between 07/30/2007 and August 17, 2007

07/31/2007: Correct Filing Fees for July 2007 VB I-485 Filing

07/31/2007: Lapse in This Website Reporting

07/28/2007: Time for Democrats in the Senate and House to Give Equal Shake to Employment-Based Immigration Relief Legislation

07/28/2007: 140 e-Filing Link

07/27/2007: USCIS Releases Important FAQ2 for July-August 485 Filing and Fees

07/26/2007: USCIS Cancels Scheduled e-Filing System Outage Tomorrow

07/26/2007: BEC Labor Certification Status as of 07/20/2007

07/26/2007: USCIS Issues Guidance for Immigration Filing Fee Waiver Determination

07/25/2007: USCIS e-Filing System Outage on Friday, July 27, 2007

07/25/2007: USCIS Inadvertent Publishing of 07/30/2007 Version I-485 Form on 07/23/2007

07/25/2007: Special Information on Filing Form FB-485 for Persons Living in the Jurisdiction of the Dallas, El Paso, and Oklahoma

07/25/2007: I-140 Premium Processing Unavailability and Its Impact

07/24/2007: USCIS Indefinitely Suspenses I-140 Premium Processing Services

07/24/2007: USCIS Generous Interpretation of Priority Date Based July 2007 EB-485 Filing Eligibility and Our Urge for OFLC's Certification of PERM Applications Before 08/17/2007

0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007

07/24/2007: Confirmed Cases of No Cause for Rejections of July-August 2007 EB-485 Filing Under USCIS FAQ1

07/24/2007: Confirmed Reasons for Rejection of July-August EB-485 Filings, Particularly Between 07/17/2007 and 08/17/2007 Under USCIS FAQ

07/23/2007: USCIS July-August VB 485 Filing FAQ Released: CIS 485 Filing FAQ

Concurrently filed I-140 Filing Fee: $475, new fee, from 07/30/2007
Concurrently filed I-765 and I-131: Old fees, $180 for EAD and $170 for AP until 08/17/2007
USCIS will accept EB 485 if the priority date is before July 31, 2007 but the certification is granted after August 1, 2007 and such 485 is filed by August 17, 2007!!
USCIS will reject EB-485 application with a labor certification waiver EB petitions ( such as EB-1, NIW, etc) concurrently filed with the I-485 if the priority date is not established before end of July 2007. It is thus extremely important for the labor certification waived I-140/I-485 concurrent filers to immediately file I-140 petition first before the end of July 2007!!!!!!!! Please use e-filing.
USCIS will not, repeat will not, reject EB-485 applications which are not accompanied by the medical examiantion report.
Without I-797 of pending I-140 notices, USCIS will accept EB-485 if certain information which is described in this announcement is provided.

07/22/2007: Service Centers Receipting Update As of 07/20/2007

07/22/2007: Increased Piecemeal Immigration Legislative Activities Post-CIR with Disappointing Results

07/22/2007: Rep. Lofgren's Statement on July Visa Fiasco Resolution

07/21/2007: RFE/NOID Flexible Time Frame Rule and Need for USCIS Discretion for Pe-July 17, 2007 EB-485 Filers

07/20/2007: DOL FY 2008 Budget Proposal Passed the House 07/19/2007

07/20/2007: Senator Cornyn's Amendment for Temporary Relief of Employment-Based Immigration Failed

SEC. __. EMPLOYMENT-BASED VISAS.

(a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

(1) in paragraph (1)--(A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';(B) by striking ``or 2004'' and inserting ``2004, or 2006''; and C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));
``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and
``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

(2) in paragraph (2)--(A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and
(B) in subparagraph (B), by amending clause (ii) to read as follows:

``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
``(II) The visas remaining from the total made available under subclause (I) shall be allocated equally among employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--(1) in clause (vi), by striking ``and'' at the end; (2) by redesignating clause (vii) as clause (ix); and(3) by inserting after clause (vi) the following:

``(vii) 65,000 in each of fiscal years 2004 through 2007
``(viii) 115,000 in fiscal year 2008; and''.

Mr. CORNYN. Mr. President, no one disputes that a key part of America's economy is our ability to innovate and retain the most qualified workers, especially in areas such as math, science, and engineering. There is one step Congress can take this year to help provide at least temporary relief. My amendment would allow the Department of State and the Department of Homeland Security to recapture unused employment-based visas. These unused visa numbers would go to nurses, physical therapists, and other key areas for people with extraordinary ability with advanced degrees. This amendment would also include a one-time H-1B visa increase of 115,000 for fiscal year 2008 only, given if that cap was hit in the first day this year. This amendment will go a long way to help provide the legal workers who are the lifeblood of the U.S. economy. I urge my colleagues to support this amendment.

Mr. DURBIN. Mr. President, this H-1B visa issue was debated during the course of the immigration bill. We decided to increase the number of the H-1B visas but also increase the safeguards against abuse. We know abuses are taking place. We wanted to be sure American workers have first chance at these jobs, No. 1; and, No. 2, we want to stop these foreign job shops that are using thousands of these H-1B visas to outsource jobs in the United States then back to their home country. None of those reforms are included. All we have is an increase in the H-1B visa numbers. We need a balanced and coordinated approach that increases the numbers with the safeguards. Unfortunately, Senator Cornyn's amendment does not do that, and I urge my colleagues to oppose it.

The PRESIDING OFFICER. On this vote, the yeas are 55, the nays are 40. Three-fifths (60 votes) of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained and the amendment falls.

07/20/2007: Draft of AILF Class Action Lawsuit on VB Fiasco

07/20/2007: Business Week Report of Potential Congressional Action on Employment-Based Immigration Reform

07/19/2007: What Does 140,000 Annual EB Visa Number Mean and EB Reform Legislation is Urgent

07/19/2007: H-2B Nonprofessional Temporary Worker Frequently Asked Questions and Answers by Office of Foreign Labor Certification, DOL

07/18/2007: Reinstated July Visa Bulletin, August Visa Bulletin, and H-1B Three-Year Extension Under AC 21 Section 104(c)

07/18/2007: July-August 485 Filing Q&A

07/18/2007: On the Occasion of Closing the Chapter of Visa Bulletin Fiasco

07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future

07/17/2007: Our Website Server Was Down

07/17/2007: USCIS Accepts EB 485 Cases Until 08/17/2007 As We Reported Earlier

07/17/2007: 4:20 p.m. Hurray for July Visa Bulletin

07/17/2007 4:10 p.m. August Visa Bulletin

07/17/2007: USCIS Deal Reached

07/17/2007: USCIS Transformation Program and 07/17/1007 GAO Report to Congress

07/17/2007: AILF Class Action Status Report

07/17/2007: CIS 07/16/2007 Processing Times Report

07/17/2007: DREAM Act Introduced as Amendment to H.R. 1585 Defense Authorization Act

07/17/2007: Government Scheduled to Announce Something "Today"

07/17/2007: C'mon, Who Is Going to Announce First, DOS August Visa Bulletin or CIS VB Fiasco Relief?

 

07/17/2007: Passport Processing Meltdown to Receive Some Help from Retired Diplomats

07/16/2007: USCIS Launches First Transformation Program ("Account System")

07/16/2007: Advisory for Labor Certification Employer on Employer Obligation from Fraud Prevention and Cost Payment Obligation

07/16/2007: AILA Statement on Current Rumor

07/16/2007: Notice to The Oh Law Firm July 485 Clients

07/16/2007: Ongoing Wild Forest Fire of Rumor for USCIS to Accept July EB-485 Filing

07/16/2007: Advisory for H-1B LCA Filers

07/16/2007: USCIS Reportedly To Accept Some July 2007 EB-485 Filings

07/15/2007: Immigrants Start Reporting EB-485 Approvals After July 1 Using Visa Numbers Taken Out Both Before and After June 30, 2007

07/14/2007: Silence of Employment-Based Immigration Legislation Sponsors and Backers Post CIR Death

07/14/2007: DREAM Act Bill to Return to Congress

07/13/2007: Persons Obtaining Permanent Resident Status in 2006 by Type of Immigration and by Country

07/13/2007: USCIS Updates Service Centers Receipting Status as of 07/13/2007

07/13/2007: USCIS Issues Correction of Previous Guidance Regarding Form I-140 Immigrant Alien Worker Filings with Labor Certification Substitution Requests

07/13/2007: Agonizying Moments for DHS/USCIS Leaders

07/13/2007: DOS Issued Guidance for Visa Posts on Processing Visa Applicants with Drunk Driving Hits

07/13/2007 01:00 AM: Watch for August Visa Bulletin to be Released Shortly

07/12/2007: Original July 2007 Visa Bulletin and Long Overdue Change of Immigration Procedures

07/12/2007: USCIS Confirms That Sub I-140 Will Be Received Monday, 07/16/2007

07/12/2007: USCIS Reportedly Returning Visa Numbers to DOS

07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing

07/12/2007: Pre-July 2 EB-485 Cases - Where Is the Beef?

07/12/2007: OES/SOC Wage Update Delays and Advisory for H-1B LCA Filing

07/12/2007: USCIS Announcement of Scheduled Websites Systems Outages

Case Status Online (and processing times)
Field Office Locator and Information
Civil Surgeon Locator; and
Change of Address Online

07/11/2007: California Service Center System Problem Fixed and Approval Notices Due Delivered by 07/20/2007

07/11/2007: Rep. Zoe Lofgren's Demands Records and Evidence Relating to July Visa Bulletin Fiasco

July 11, 2007

The Honorable Michael Chertoff
Secretary
U.S. Department of Homeland Security
Washington, DC 20528

Dear Secretary Chertoff:

On July 2, 2007, the Department of State (DOS) issued an "Update to July Visa Availability," which the Department of Homeland Security (DHS) apparently relied on to suspend its acceptance of adjustment of status applications based on employment-based immigrant petitions. DOS and DHS acted on these matters despite my request that the agencies provide the Subcommittee with certain information before taking such actions.

At no point since my letter to you dated July 2, 2007, have I received any information in writing from the Department. Given this failure, I am now requesting that you provide to me, within three days of the date of this letter, the following information:

1. All correspondence, e-mails, memoranda, notes, field guidance or other documentation relating to the issuance of or the Department of Homeland Security's actions regarding the July Visa Bulletin, which made all employment-based immigrant visa categories (except the "other worker" category) current. The term "Department of Homeland Security" includes DHS or any component thereof.

2. All e-mails, correspondence, memoranda, notes, field guidance or other documentation relating to the issuance of or the Department of Homeland Security's actions regarding the "Update to July Visa Availability" issued on July 2, 2007. The term "Department of Homeland Security" includes DHS or any component thereof.

3. All correspondence, e-mails, memoranda, notes, field guidance or other documentation between the Department of Homeland Security, the Department of State, the Department of Justice and/or the Federal Bureau of Investigation relating to the availability of visa numbers for the month of July 2007, the issuance of or the Department of Homeland Security's actions regarding the "Update to July Visa Availability" issued on July 2, 2007, the processing of security or name checks in connection with visa number requests through the end of FY 2007, and/or the determination to suspend or reject the acceptance of adjustment of status applications. The terms "Department of Homeland Security," "Department of State," "Department of Justice" and "Federal Bureau of Investigation" include DHS, DOS, DOJ, FBI or any components of those agencies.

4. A detailed description of any existing or proposed understanding, arrangement and/or agreement between DHS