Topic: List of Bills affecting immigration policies Reintroduced in the 111th Congress
not directly but i guess....the following one is affect all of temp immigrant people....we might not want to have kids here anymore because then we have to go through the visa cycle again for them....
i don't think they will touch this bill due to large Hispanic voting group....)
* Rep. Elton Gallebly of California introduced H.R.126 to amend the Immigration and Nationality Act to limit citizenship at birth, merely by virtue of birth in the United States. |
Topic: List of Bills affecting immigration policies Reintroduced in the 111th Congress
01/07/2009: Bill Introduced for Improvement of SS Card and Employment Verify System Against Employment by Unauthorized Aliens
* Rep. David Dreier of California introduced H.R.98 to amend the Immigration and Nationality Act to enforce restrictions on employment in the United States of unauthorized aliens through the use of improved Social Security cards and an Employment Eligibility Database, and for other purposes.
01/07/2009: Bill Introduced to Legislate U.S. Citizenship Restriction to Child Born in the U.S. of Foreign Parents
* Rep. Elton Gallebly of California introduced H.R.126 to amend the Immigration and Nationality Act to limit citizenship at birth, merely by virtue of birth in the United States, to persons with citizen or legal resident mothers. Wow, here it goes again!
01/07/2009: Bill Introduced to Legislate E-Verify Pilot Program Requirement for Federal Contractors
* Rep. Elton Gallegly of California introduced H.R.138 yesterday to require Federal contractors to participate in the basic pilot program for employment eligibility verification. Please stay tuned.
01/07/2009: Bill Introduced to TPS of Haitians
* Rep. Alcee Hastings of Florida introduced H.R. 144 yesterday to designate Haiti under section 244 of the Immigration and Nationality Act in order to render nationals of Haiti eligible for temporary protected status (TPS) under such section. Please stay tuned.
01/07/2009: Bill Introduced to Waive Citizenship Proof for Children Born in the U.S. for Certain Social Security Benefits
* Rep. Jose Serrano of New Yrok introduced H.R. 180 yesterday to amend title XIX of the Social Security Act to waive the requirement for proof of citizenship during first year of life for children born in the United States to a Medicaid-eligible mother. Please stay tuned.
01/07/2009: Bill Introduced in the House to Protect Certain Parents of U.S. Citizen Child from Deportation
* Rep. Jose Serrano of New York introduced H.R. 182 yesterday to provide discretionary authority to an immigration judge to determine that an alien parent of a United States citizen child should not be ordered removed, deported, or excluded from the United States. For details, please stay tuned to this website. |
Topic: Can I file for perm and a new 140 in my 10th year?
lol....i don't have any other suggestion and that's why i said "good LUCK"....lol
on the second though how abt applying through some other company?.... also...i u dont wanna leave the country at any condition then F1 is the best option..... |
Topic: Can I file for perm and a new 140 in my 10th year?
why have u waited so long to file new PERM anyway?... my i140 EB3 Texas PD Auguest 04 was denied in january and i have filed MTR in February...at the same time i did applied for new PERM got approved in April 2008 and now my new i140 is pending since july 2008.
mine was denied due to 3 year degree evaluation... my stupid lawyer did mistakes...so i applied through new laywer with those magical words in perm specially designed for 3 year degree people.
though u have A2P problems so....it will be tough for new i140 to get approve unless u r company have better financial statements then the previous years......
currently AAO is taking 18 to 24 months to process appeals...u still have time to RUSH u r new PERM....good luck |
Topic: I140 pending 6 year expired, can i file for H visa ?
or just switch to student visa...... change status from h1 to F1 and stay here in usa...... wait till ur i140 gets approved and change status again. |
Topic: Some Light over the process of AAO (i140 denial and appeal process)
Should a petition or application be denied or revoked by the USCIS, in most cases you may appeal that decision to a higher authority. The Administrative Appeals Office ("AAO") has jurisdiction over 40 petitions and applications. Please see 8 CFR § 103.1 (f)(3)(iii) for further information . If you receive a denial notice, it will advise you of your right to appeal, the correct appellate jurisdiction (AAO or BIA), and provide you with the appropriate appeal form and time limit.
There are strict deadlines that must be met to properly file an appeal. The appeal must be filed with the correct fee at the office that made the original decision. You may file a brief (explanation) in support of the appeal. After review, the appellate authority may agree with you and change the original decision, disagree with you and affirm the original decision, or send the matter back to the original office for further action.
In addition to the right to appeal (in which you ask a higher authority to review a denial), you may file a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider its decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. Any motion to reopen or reconsider must be filed with the correct fee within 30 days of the decision.
Where Can I Find the Law?
The authority to adjudicate appeals is delegated to the AAO by the Secretary of the Department of Homeland Security (DHS) pursuant to the authority vested in him through the Homeland Security Act of 2002, Pub. L. 107-296. See DHS Delegation Number 0150.1 (effective March 1, 2003); see also 8 C.F.R. § 2.1 (2003). The AAO exercises appellate jurisdiction over the matters described at 8 C.F.R. § 103.1(f)(3)(iii) (as in effect on February 28, 2003), with one exception - petitions for approval of schools and the appeals of denials of such petitions are now the responsibility of Immigration and Customs Enforcement. There is no appellate review of denials of extension of stay or change of nonimmigrant status. Only one appeal may be filed for each denial or revocation; there is no appellate review of an appellate decision.
Who May Appeal?
Only the person that submitted the original application or petition may file the appeal. The petitioner alone has standing to appeal the denial of a visa petition. The beneficiary of a visa petition may not appeal the decision. For instance, if a United States employer petitioned for an immigrant visa for an employee living abroad, only the United States employer may appeal the denial. The employee living abroad may not appeal the denial.
The person appealing the decision may be represented by an attorney or representative. If the petitioner is represented, the appeal must be accompanied by a properly executed USCIS Form G-28 (Notice of Entry or Appearance as Attorney or Representative). The Form G-28 must be signed by both the attorney or representative and the person who filed the original petition or application.
How Do I Appeal?
You should review the Form I-292 or notice of denial that accompanied the adverse decision to determine whether you may appeal the denial of your petition or application. The decision will inform you of the proper appellate jurisdiction and provide you with the correct form.
If you desire to appeal the denial of a petition or application, the notice of appeal must be filed within 30 days of the date of the decision. If you receive the decision by mail, you must file the appeal within 33 days of the date of the decision. If you wish to appeal the revocation of an approved immigrant petition, you must file the appeal within 15 days of the date of the decision, or within 18 days of the date of the decision if the decision is received by mail.
If the Administrative Appeals Office has jurisdiction over the decision, the notice of appeal must be filed on Form I-290B (Notice of Appeal to the Administrative Appeal Office). The appeal must be filed with the office that made the original decision. A brief (explanation) may be filed in support of your appeal. The fee must be included. If you require a fee waiver, please see fee waiver request procedures, and the USCIS fee waiver policy memorandum. Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. |
Topic: MTR(I-290B) is deined
check u r denial notice ASAP.... it should mention whether u are eligible to re-appeal on no.
its strange they have denied u without considering it for months......
do u know if u r lawyer selected proper radio button on 290B there are 3 options there 1st appeal 2nd reopen 3rd appeal and/or reopen
looks like u or u r lawyer might have selected the 1st option only.... in which case they denied u right away..... check u r denial notice again they should give u one more chance...(normally they gave 2 chance to appeal)...and make sure to check 3rd radio button this time...
good luck....
p.s. even if they dont give chance to re-appeal just go ahead and file 290b again that will give u some time to legaly breath on US soil.... :)
start looking for F1 visa status.... |
Topic: Is Appeal gives H1- Extn
you are right and wrong...there are conflicting reports abt this message and what it means.... some forum indicates that this message means it will be back to the same office (even same OFFICER according to some ppl) to reconsider the decision. and some says it means the case is being transfer to the local AAO office.
so i am confused myself abt it.. According to me....if they consider the case as REOPEN that means they might be talking abt sending it back for normal i140 process else if they consider it as appeal then it might go to AAO office for further review and decision........ but hey current AAO process shows 18 months processing time which gives me hopes as i have already filed new PERM in april was approved in just 30 days and now my new i140 is already pending at TSC since july....so lets see.... |
Topic: Is Appeal gives H1- Extn
premium.................... ALWAYS................ let the company know that u will pay for the premium and they will allow..... :) |
