Monday, June 13, 2011

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  • kumar1
    03-13 04:24 PM
    Guys wait till you see "real" bulletin and even if mirror to what has been placed to Mumbai Consulate, EB3 will forward perhaps slowly now but picking up. EB3-India with PD 2004 mid and before will not have to worry that much.

    BharatPremi -- On what basis are you saying that? There are 1000s and 1000s of L1 VISA holder from India....there are at least 30,000 H1-B that come from India every year, most of them file under EB-3 category and then have wives and kids and they consume visa number.

    I think EB-3 India will never move forward. I would love to know the reason behind what you just said about EB-3




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  • deba
    08-20 11:25 PM
    I did the same thing for my PIO card from Houton consulate. Included the $20 fee and received my PIO card within a week by FedEx.




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  • chanduv23
    09-25 12:59 PM
    http://www.usdoj.gov/eoir/press/00/profcondfaks.htm


    "Professional Conduct for Immigration Practitioners -- Rules and Procedures"

    On June 27, 2000, the Department of Justice published a regulation in the Federal Register (at 65 FR 39513) concerning professional conduct for attorneys and other representatives (practitioners) who practice before the Board of Immigration Appeals (BIA), the Immigration Courts, and the Department of Homeland Security (DHS) (formerly known as the Immigration and Naturalization Service).

    The regulation, which was effective on July 27, 2000, explains procedures for filing and investigating complaints and for conducting disciplinary proceedings against practitioners who may be subject to sanctions. Its purpose is to protect the public, to preserve the integrity of all immigration proceedings and adjudications, and to maintain high professional standards among practitioners.

    This fact sheet outlines the major regulatory provisions and answers certain questions that may arise among prospective complainants and practitioners.

    GENERAL PROVISIONS

    This professional conduct regulation applies to every private immigration practitioner authorized to practice before the Executive Office for Immigration Review (EOIR) and DHS (including attorneys, accredited representatives, and law students, among others). This rule does not apply to Government attorneys, such as DHS trial counsel, because they are subject to separate regulations and disciplinary procedures.

    Agency Jurisdiction
    Each agency has jurisdiction over practitioners who appear before their respective tribunals. The Office of the General Counsel in EOIR will investigate and prosecute ethical complaints against practitioners involving alleged misconduct associated with practice before the Immigration Courts and the BIA. DHS will investigate complaints involving alleged misconduct associated with practice before DHS (e.g., asylum, adjustment of status, visa petitions, etc.).

    Disciplinary Process
    Any individual who believes that an immigration practitioner has engaged in criminal, unethical, or unprofessional conduct may file a complaint with the agency with jurisdiction (EOIR or DHS). The complaint must be in writing and include relevant names, dates, locations, and other details sufficient to clearly identify the offending conduct or behavior.

    Upon receipt of a complaint, or on its own initiative, the agency with jurisdiction will conduct a preliminary inquiry to determine the merits of the complaint, informing both the practitioner and the complainant of any action taken. The office will dismiss without further action any complaint that is found to have no merit. The office may close a preliminary inquiry if the complainant fails to cooperate or provide reasonable information or assistance. During the preliminary inquiry, the complaint remains confidential unless the practitioner waives the right to confidentiality.

    Hearing and Appeal
    If a complaint is found to have merit, the agency with jurisdiction will issue a Notice of Intent to Discipline (NID) to the practitioner. The practitioner must respond to the NID within 30 days and may request a hearing. A practitioner’s failure to respond to the allegations in the NID in a timely manner may be treated as an admission of misconduct and a forfeiture of the right to a hearing. The BIA will then issue a final order imposing the sanctions recommended in the NID.

    If a complaint about criminal conduct is found to have merit, it may also be referred to appropriate investigative or prosecutorial authorities within the Department of Justice or DHS. Complaints about unethical or unprofessional conduct may also be referred to appropriate local government or licensing authorities.

    When a practitioner requests a hearing, the Chief Immigration Judge will appoint an Immigration Judge as the adjudicating official who will conduct a hearing and render a decision in the case. The adjudicating official shall not be an Immigration Judge before whom the practitioner regularly appears or who has intervened as a complainant or witness in the matter. The disciplinary hearing generally is open to the public.

    Either party may appeal an adjudicating official’s decision to the BIA within 30 days. The BIA will conduct its appellate review of disciplinary decisions in the same way it reviews appeals of decisions in immigration proceedings. Final administrative orders in disciplinary cases are also subject to Federal judicial review.

    GROUNDS FOR IMPOSING SANCTIONS

    Disciplinary sanctions may follow if, among other things, a practitioner has been found to have engaged in conduct that constitutes a violation of one or more of the following grounds:

    Charging a grossly excessive fee;
    Engaging in bribery or coercion;
    Knowingly or with reckless disregard makes a false statement or willfully misleading, misinforming, threatening, or deceiving any person;
    Soliciting professional employment – a practitioner is prohibited from distributing solicitation material in or around the premises of any building in which an Immigration Court is located;
    Is or has been subject to a final order of disbarment or suspension, or has resigned with an admission of misconduct, by any State or Federal court;
    Knowingly or with reckless disregard makes a false or misleading communication about qualifications or services (e.g., practitioners must be recognized as certified specialists in immigration law in order to refer to themselves as such);
    Engaging in contumelious or obnoxious conduct;
    Has been convicted in any State or Federal court of a serious crime;
    Falsely certifying a copy of a document as being true and complete;
    Engaging in frivolous behavior;Engaging in conduct that constitutes ineffective assistance of counsel; and
    Repeatedly failing to appear for scheduled hearings in a timely manner without good cause.
    IMMEDIATE SUSPENSION
    Provisions in the regulation permit the BIA to immediately suspend a practitioner who has been subject to either disbarment, suspension, or resignation with an admission of misconduct, as imposed by a State or Federal court, or conviction for a serious crime (including any felony). Thereafter, a summary proceeding will be conducted to consider imposition of any final discipline.

    REINSTATEMENT

    A reinstatement procedure will permit a practitioner to regain authorization to practice once his or her period of suspension before EOIR has expired or, as provided in limited circumstances under the rule, when the period of suspension has not yet expired. Prior to any reinstatement, the practitioner will be required to request reinstatement with the BIA and to provide evidence of good standing in his or her licensing jurisdiction.

    FORMS

    There are four EOIR forms in connection with the regulation concerning Professional Conduct for Practitioners:

    EOIR-27 “Notice of Entry of Appearance before the BIA” – Practitioners must file the EOIR-27 to enter an appearance with the BIA. The form is used to:
    Determine whether or not a practitioner is authorized under the regulations to represent aliens before the BIA,
    Provide the represented alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
    Formally notify DHS and EOIR of such representation.
    In addition, the form provides information regarding appearances and representation before the BIA, including the manner in which a practitioner may properly withdraw from a proceeding.

    EOIR-28 “Notice of Entry of Appearance before the Immigration Court” – Practitioners must file the EOIR-28 to enter an appearance with the Immigration Courts. The form is used to:
    Determine whether or not a practitioner is authorized under the regulations to represent aliens before the Immigration Court,
    Provide the alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
    Formally notify DHS and EOIR of such representation.
    In addition, the form provides information regarding appearances and representation before the Immigration Courts, including how a practitioner may properly withdraw from a proceeding.

    Continued in next post




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  • santb1975
    05-01 04:21 PM
    Did we reach 10K yet?



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  • hebbar77
    04-10 02:16 AM
    oh ya, so you have a problem with donor status? Why don't you start with your cable company and ask them why do they charge you any money? Why don't you ask the gas station, that why do they charge you for the gas? Why don't you argue with the cashier at Walmart about the bill you have to pay if you want something? Its easy to be dismissive of others. Its even easier to fault others and argue that just because no one shared the information, so I have license to throw stones at others. But being an Eb2 highly skilled humanity savior personality that you are, why do you need a 3rd class Eb3 programmer to show you that it cost money to get things done. Why can't you see that in last 8 months this nation was going under a presidential election and nothing got done on any issue, other than bailouts and budget? Why can't you see that nothing has happened in the Congress on immigration for any other group? Why can't an highly skilled highly educated chanakya of this planet not see that it is ok for everyone to praise some immigration lawyers who are known to deliberately delay green card application, but its not ok to ridicule someone sincerely working to fix my issue? Why is it ok for me to track my application all day and not complain even once when some tracker website is asking for money to have my question from a lawyer, but will not leave any stone unturned to put the "burden of proof" of innocence on someone sincerely working to stand-up for me because I am too coward to stand-up for myself?

    Let me help you understand it because it will be too much for your eb2 species brain to understand. Simple answer - You cannot see past the things that you cannot understand. Just go and ask Walmart cashier as to why he/she is charging you money for the things you want? Maybe that will help.


    .

    reading above posts it reminds me what I read :
    Lot of junk sold in US...
    People have gotten used to buying things that have no value. Wherever donation boxes are putup or beggers stand , people put money. Come on one does not need to pay because a other guy is asking.

    So its upto the individuals to donate. Personally I dont feel one can do much to accelerate the GC process. If you read the history you can comeup with a list of things that changed the way things got done in US!!
    Have a good one guys.




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  • pvsramu
    03-26 11:12 PM
    When I said that there should be one Item in IV agenda to Ban Porting, everyone got mad.

    I still say that they should be allowed to port but should go back in line. they are disturbing the balance. I am not against them, if they were EB2 candidates why they didnt file on EB2 category at first, if now they think they are qualified then they should start new process.

    BTW. they will create a big retrogression for EB2 then EB2 people have to port to EB3

    Red dots are welcome.

    Thanks

    You better stop stereo type answers. Don't understand why you post same answer for every question and waste others time (not your time) reading your shit answers.



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  • svam77
    07-18 10:36 AM
    I am in the same boat too. But I am not sure if we have a whole 1 month to file 485 based on July bulletin.

    The press release by USCIS says that, whoever falls under July Bulletin have the whole 1 month to apply. But if we dont get receipts before July 30th, we may not fall under July bulletin and so we would not be able to apply.

    From what I understood, if we get the receipt before jUly 30th,we are good, or else we have to find an alternative to apply before July 30.




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  • go_gc_way
    06-14 02:47 AM
    Congratulations to all who can file for 485.

    I am assuming , those who are eligible can file for 485 during the entire month of July , irrespective of next bulletin for August that will be released sometime between Jul 10th and 15th. (Can some one please confirm.)

    Thanks (always) to IV and congratulations. Does any one know why Waldenpond said it is best to apply by the the of 2nd July.

    Once again congratulations :)



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  • gsmishra
    07-25 09:57 AM
    Can you give us some more details about the call to get receipt number?
    One of my friend called but they said they can only give I-140 Receipt no to employer.

    I called USCIS today and they asked my name and date of birth and they gave me my Receipt Number for I-140.

    My I-140 was recieved on July 16th and they generated a receipt notice and have sent me...I shud probably recieve it by this week.

    Hope u all also get it soon...




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  • bigboy007
    06-10 12:20 PM
    everybody is quoting SFGate article can you prove the same , these ideas are addressed in article even kennedy says "Oh this bill will bring many issues of legals in to light " but not in numbers in CIR bill , if one reads the article he will think heaven is going to fall in CIR bill but reality is Its not heaven its hell as you the actual CIR.

    Only time has to decide this week will decide whether indeed CIR resurrects ( chances are more than 80% if so current EB issue be addressed ?) lets see.



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  • Lisap
    08-14 05:17 PM
    I did not have a good experience with Peter Ashman's Law Firm.




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  • gcisadawg
    09-29 09:48 PM
    It depends on the day. I had great experience with all the airlines that I've traveled so far.
    (Air India, Malaysian and Lufthansa)

    When we traveled with our twins on Lufthansa they were extremely helpful. They even went to the extent of checking our documents ( as opposed to standing in the line) in the sitting/waiting area at Frankfurt airport for us.

    The ground staff at one small Indian domestic airport floored us by bringing a Jeep near the plane (as opposed to walking to the terminal from the runway).

    I believe when you are with small babies, airlines goto great length to help you.
    At the same time, when we fly next, we would go with lower expectation since you never know when the law of averages will catch up! I know its due! :D

    Thanks,
    GCisaDawg



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  • chanduv23
    09-04 02:47 PM
    Jaime , Very good post and very encouraging. It will change at least a few minds.





    Chanduv23 , I know you are a very active member in these forums and feel very strongly about these efforts. I can probably understand your frustration, But I don't think we can embrace/attract people by alienating them.

    It is pretty broad generalization to say those who don't/can't attend the rally or those who does not have a positive disposition about the rally are bunch of lazy, TV watching , cards playing , bargain hunting , un-ambitious people.

    Let us move with a positive message. :) :) .

    If Jaime is the good cop, I am the bad cop :)




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  • jkays94
    07-21 08:43 PM
    I think it is very important that all those seeking to file a case against the DOL review the Liberty v Chao ruling (https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2004cv0915-41). It will be very difficult to file and win a case prior to September 2007 unless one files a case in a different federal circuit. Note that the 485 and DOL cases were in the DC circuit which lawyer Rajiv has been cited as noting are averse to decisions against the executive branch of government.

    I quote from an ILW analysis (http://www.ilw.com/immigdaily/digest/2005,1011.shtm) (I believe I had posted this elsewhere):

    However, the plaintiffs in this case have made it somewhat easier for future litigants similarly situated in that DOL has provided the District Court with a projected timeline for adjudicating the massive DOL backlog, the failure to do which may make future courts more sympathetic (see p. 16). This case also provides a helpful list of cases arguably on point which other district courts in other circuits may find more persuasive than those cited by the District Court in justifying its decision (see p. 15).



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  • eb3retro
    11-09 01:49 PM
    TheOmbudsman,

    A number of IV members have complaint about your posts. We know that you have earlier posted on IV forums with the screen names �Communique� and �marlon2006�. If I remember correctly, your handle 'Communique' was banned but it was pretty clear that you were an anti-immigrant. I want you to read this post because in next 15 minutes, I will be putting a ban on your handle.

    Immigration Voice forums are created for high skilled immigrants and their families. We contribute constructively to the society. Your hate mongering tone and disguising as 'someone waiting for green card' is pathetic example of how low you can go. I try to read forums everyday and I try to read each and every post. Each day I try to read your post to get more determined to continue to work on this very important issue. But now, I think its time for you to leave IV forums as your tone is again becoming offensive and your posts drive legitimate IV members away.

    We are requesting you politely to please leave IV forums alone and do not bother IV members.

    Thank you,
    WaldenPond



    I assume that this reply goes to anyone, who is doing this kind of mischief in this genuine forum.




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  • shaikhshehzadali
    03-21 03:56 PM
    I know....finally u do admit what u are .....
    It doesn't really matter to me though...Point Proved..End of discussion

    As if I really care about your thoughts, feelings ...



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  • GCKarma
    07-09 12:33 PM
    Guys,
    Anybody know when skill bill is going to be taken for voting?:confused:




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  • manderson
    06-14 09:44 AM
    My birth certificate is in Hindi and i am not able to get in english. How i can translate my hindi birth certificate in english. Can a layer do that any other place in india. what is procedure of translation. any format or some thing?


    OR

    Can i show Affidavits of birth from my brothers but my only one brother is more then 5 years older. how can i solve this issue. and what is format of �Non-Availability Certificate� affidavits.
    thanks.

    ... i did this for some uni diplomas - cost me around $200. just do a google/ yellow book search




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  • japs19
    06-30 08:00 PM
    Congrats! Thanks for sharing the news. Just chill and enjoy.




    jsb
    08-07 12:02 PM
    Does any one knows how is database administrator job market at canada?

    There are many not so preferred areas in Canada, where there is always a demand. Most people prefer large cities such as Toronto, Calgary, Edmonton, Vancouver, etc. These are mostly saturated, but with persistence you should find something even there. If you don't care where you live, you should definitely find a lot of openings in the area you mentioned.




    sunny1000
    12-10 07:42 PM
    heard you loud and clear,
    and usually take complaints very well.

    but when someone only complains and spends time undermining us and our efforts elsewhere and when they return only to take potshots...i reserve my right. you are actively harming this organization by your actions and it's not hidden to us, therefore you are retarding our goals- and those will benifit all 25,000 here- active, passive etc. not every person is creating value here and that is the fact. your attitude is childish, i will say it again. it's childish because your purpose is not to improve things in any way or help us achieve our goals but to prove some silly point about how you were treated in the past. but this is the last time i'm bothering, i want to move beyond this. some of us have better things to do than lurk around and wait to score personal points. you have already stated you have no wish to contribute further in any way. so be it.

    also know that free speech is all well and good. but no organization will allow it's forums to be used to undermine it's objectives. try doing it on numbers usa or alipac and see how long you last.

    As I heard, the discussions on this forum do not come under "free speech" as these are not something that the Government is trying to regulate against the People.



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