gapala
09-05 08:15 PM
Based on my research on net and discussion with economic savy friends and my own limited knowledge in economics, by any calculation, real-estate in India is going to be in deep trouble. It will be a uncalculated gamble to invest in realty at current prices in India just because the commitment is large and long term with 0 visibility
Even in NRI perspective, set aside the low GDP of india and assume that it will grow beyond wildest dreams in next 20 years (atleast I hope they will control the inflation), the prices are still beyond the Purchasing Power Parity between nations for example US and India. US PPP is around $41500 and stand at 8th position among world countries. Now all 7 countries above US are so called non attractive for NRI's. Where does india stand? 140th position with a Purchasing Power Parity of $3300. Only poor south african, south asian countries are below India in the list.
http://www.nationmaster.com/graph/eco_gdp_pur_pow_par_percap-purchasing-power-parity-per-capita
Assume that at some point in future you will need to realize the investment say 5 years from now or even 10 years. Who will buy it from you? only 2% of indian families potentially can earn $200,000 in life time. Given this, I think you can only hope that another NRI would earn and save enough at that time to buy from you paying more that what you have invested + (alternate investment value).
There are estimated 182000 including the ones waiting for approvals real estate flats and complexes are being built all across india's major cities expanding into suburbs. As someone said, NRI's invest in majority of the projects even before 10% of development is completed. These projects will be completed in next 5 to 7 years. Beyond that new projects that may come up in future which will potentially increase the supply combined with poor purchasing power of local folks and corruption is a real recipe for disaster.
I am sure majority of NRI's did not tak a deep look at economic and political scenarios before making decision on buying realty in India. I was shocked to hear one builder with such convincing tone, saying buy it now or you will loose the chance. After a week, he increased the price by 2% and told us that there is a huge demand and he already sold 20 units in 5 days since we talked to him. Hard to believe. I later heard that he is still selling units to NRI's :) and tells them same story.
That triggered me to do some research and study the situation in that country and when I try to connect the dots.. jeez its scary. It seems they do not consider capacity of drainage, sewer and waste disposal in the area to support increased usage in their project building these flats which will house 100's of new families. Public water supply pipes are also not expanded around the development area to cater increased demand and consumption. Builders just connect water pipes to the nearest public water supply point. God knows when, that public water supply pipes were layed and to support how much consumption? Water preasure in these buildings are 0 and you just see drops :) Solution to this, Builder says its a common norm that all occupants will buy the water and share the cost.
I am not throwing the my small savings to gamble in India. If you get a good deal, go for it or just wait for a correction. Now the question is what is a good deal in given circumstances? If the rotation slow down, investment locks up, poor local PPP with make credit expensive and preasure will build on borrowers to liquidate property which will lead to fall in prices. We can even expect a credit crisis in India in next couple of years.
Do not even compare effect of credit crisis in US to if at all it is going to happen in India. US is still the strongest economy and India is not. (I am not talking about growth rate here but the depth)
Even in NRI perspective, set aside the low GDP of india and assume that it will grow beyond wildest dreams in next 20 years (atleast I hope they will control the inflation), the prices are still beyond the Purchasing Power Parity between nations for example US and India. US PPP is around $41500 and stand at 8th position among world countries. Now all 7 countries above US are so called non attractive for NRI's. Where does india stand? 140th position with a Purchasing Power Parity of $3300. Only poor south african, south asian countries are below India in the list.
http://www.nationmaster.com/graph/eco_gdp_pur_pow_par_percap-purchasing-power-parity-per-capita
Assume that at some point in future you will need to realize the investment say 5 years from now or even 10 years. Who will buy it from you? only 2% of indian families potentially can earn $200,000 in life time. Given this, I think you can only hope that another NRI would earn and save enough at that time to buy from you paying more that what you have invested + (alternate investment value).
There are estimated 182000 including the ones waiting for approvals real estate flats and complexes are being built all across india's major cities expanding into suburbs. As someone said, NRI's invest in majority of the projects even before 10% of development is completed. These projects will be completed in next 5 to 7 years. Beyond that new projects that may come up in future which will potentially increase the supply combined with poor purchasing power of local folks and corruption is a real recipe for disaster.
I am sure majority of NRI's did not tak a deep look at economic and political scenarios before making decision on buying realty in India. I was shocked to hear one builder with such convincing tone, saying buy it now or you will loose the chance. After a week, he increased the price by 2% and told us that there is a huge demand and he already sold 20 units in 5 days since we talked to him. Hard to believe. I later heard that he is still selling units to NRI's :) and tells them same story.
That triggered me to do some research and study the situation in that country and when I try to connect the dots.. jeez its scary. It seems they do not consider capacity of drainage, sewer and waste disposal in the area to support increased usage in their project building these flats which will house 100's of new families. Public water supply pipes are also not expanded around the development area to cater increased demand and consumption. Builders just connect water pipes to the nearest public water supply point. God knows when, that public water supply pipes were layed and to support how much consumption? Water preasure in these buildings are 0 and you just see drops :) Solution to this, Builder says its a common norm that all occupants will buy the water and share the cost.
I am not throwing the my small savings to gamble in India. If you get a good deal, go for it or just wait for a correction. Now the question is what is a good deal in given circumstances? If the rotation slow down, investment locks up, poor local PPP with make credit expensive and preasure will build on borrowers to liquidate property which will lead to fall in prices. We can even expect a credit crisis in India in next couple of years.
Do not even compare effect of credit crisis in US to if at all it is going to happen in India. US is still the strongest economy and India is not. (I am not talking about growth rate here but the depth)
wallpaper everything from scratch.
nirenjoshi
03-09 10:12 PM
Of all the wrongs in April VB +ve thing is EB3-I moved. It moved to the extent it moved last year (http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data).
So for EB3-Is take console on these
1) Horror or 245(i) (http://immigrationvoice.org/wiki/index.php/245(I)) are over.
2) EB3-I may be over 2001 by start of next year.
So EB3-I may move only by 2 months for the rest of the year?
So for EB3-Is take console on these
1) Horror or 245(i) (http://immigrationvoice.org/wiki/index.php/245(I)) are over.
2) EB3-I may be over 2001 by start of next year.
So EB3-I may move only by 2 months for the rest of the year?
ahaadi
03-04 05:03 PM
Don't know what it means :) but my priority date is Aug 2006.
Thanks.
Any one else with recent RFEs/LUDs on their I-485 ? Pl post.
Thanks.
Any one else with recent RFEs/LUDs on their I-485 ? Pl post.
2011 at old th Gmat+noteboard
rajuram
12-18 02:09 PM
I have been wanting to post this for the last few days and was happy to read this thread.........can we do something like an Immigrant's Boycott Day or something where we should do a mass boycott all over the country.....we need to coordinate this across the entire country and do a gandhi style protest.....but we need atleast maybe 1000 people per city to do it.....I am not sure how difficult it is to get that many people.....but that seems to be the only way to create an Impact.......WE HAVE TO MAKE OUR EMPLOYERS FEEL THE IMPACT OF NOT HAVING US FOREIGN WORKERS.....THAT IS THE ONLY WAY TO STOP THIS EXPLOITATION........its like when all the mexican farmers stopped working on the strawberry farms.....there were no strawberries in the market....I am in the Detroit, MI area.... we need to come up with a list of big cities where we can get 1000 people per city.
Hit them where it hurts the most.
I do not agree with ideas such as this one. We have to be careful not to attract any negative publicity. It is all about perceptions, lets not add to all the negative attitude towards aliens.
Hit them where it hurts the most.
I do not agree with ideas such as this one. We have to be careful not to attract any negative publicity. It is all about perceptions, lets not add to all the negative attitude towards aliens.
more...
ind_game
05-13 11:37 PM
Did you ever apply for EAD / AP?
I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009
I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009
senthil
08-08 08:54 PM
just want to see how much time it takes. thanks
more...
LC2002
01-10 01:22 PM
Mine was with PD Nov 2002 Non-RIR, still waiting for 45 day letter.:mad:
My colleages who filed in DEC 2002 got 45 day letter. :confused:
My colleages who filed in DEC 2002 got 45 day letter. :confused:
2010 Title Help; Paper Title
radosav
08-14 07:09 PM
I am EB3 ROW / PD Nov 2005
have no hope of getting GC in the next 2 yrs, so we decided to put in our applications for Canada. Took us some time to assemble all the documents, but God willing we will mail the package out next week.
have no hope of getting GC in the next 2 yrs, so we decided to put in our applications for Canada. Took us some time to assemble all the documents, but God willing we will mail the package out next week.
more...
Green.Tech
06-07 12:30 PM
Bump.
hair Summer Sunnies White Paper Bag
Caliber
07-14 02:01 PM
I am trying to pay thru PNC Bank. When trying to add IV, there are 2 options. One is With number and the second Without number.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
more...
mpadapa
09-09 03:12 PM
contributed 1% towards the target ($300 Google Order #755634519056506). Feels good:D
Let us rock and roll in DC on Sep 18..
GO IV GO
Let us rock and roll in DC on Sep 18..
GO IV GO
hot Summer Sunnies Brown Paper Bag
Winner
05-05 08:35 AM
He's been an advocate on backlog issues, and his staff had helped look into my case last year. I used his web site to send him an email (for VA residents only), slightly modifying the phone script to thank him, since I finally got my green card in November. Will post response when I receive it.
Thanks for helping us our even after getting your GC.
Thanks for helping us our even after getting your GC.
more...
house Citing your paper in Modern
transpass
09-12 10:19 AM
Hi Bawa,
Your idea is good to but please be also open to other ideas. You don't know what will fail or pass. The prime objective is to attract media attention, in other words "give them something to talk about". What flower campaing did last year was exactly that...Can we achieve the same thing with Book or Calculators or Clock or Poster, we need to figure that out!
How about each one of us does whatever is suitable with common theme being similar letter/concern etc. If we choose clock/cal etc. shortly we will run out them at sites such as amazon, etc. Anyway only some of us will be able to do it...But flowers, letters, fliers are limitless and everyone can send...
So my suggestion is --draft a common themed letter and send the letter along with whatever anyone chooses to send along (with clock, cal, flier or simply letter. But please make sure the fliers are not offensive)...
Your idea is good to but please be also open to other ideas. You don't know what will fail or pass. The prime objective is to attract media attention, in other words "give them something to talk about". What flower campaing did last year was exactly that...Can we achieve the same thing with Book or Calculators or Clock or Poster, we need to figure that out!
How about each one of us does whatever is suitable with common theme being similar letter/concern etc. If we choose clock/cal etc. shortly we will run out them at sites such as amazon, etc. Anyway only some of us will be able to do it...But flowers, letters, fliers are limitless and everyone can send...
So my suggestion is --draft a common themed letter and send the letter along with whatever anyone chooses to send along (with clock, cal, flier or simply letter. But please make sure the fliers are not offensive)...
tattoo From Scratch to Concrete
lifesucksinUS
09-10 11:48 AM
It certainly is a bad news..
guys my PD is april 2004, does that mean I stand no chance. I had RFE on 08/14.Should I still keep hopes till the end of the month, or its all over for me till my date gets current again...Senior members plsssssssss respond...
why do I have this red spot.. ?????:mad:
guys my PD is april 2004, does that mean I stand no chance. I had RFE on 08/14.Should I still keep hopes till the end of the month, or its all over for me till my date gets current again...Senior members plsssssssss respond...
why do I have this red spot.. ?????:mad:
more...
pictures From Scratch to Concrete
thomachan72
04-10 12:53 PM
min contribution required is $25 per month
Hi Pappu,
I just joined the 12 mth subscription of $25. Please enroll me into the donor forum. Thanks
Hi Pappu,
I just joined the 12 mth subscription of $25. Please enroll me into the donor forum. Thanks
dresses a quality essay paper?
fuzzy logic
07-18 03:32 PM
Hi everyone!
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
more...
makeup Sample Timesheets - Paper
ksrk
09-10 05:57 PM
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Hi Sachug22,
I think the calculation is made this way...
Total EB2 numbers = 28.6% of total number = 40040 (for all countries)
Available each quarter = 10010
However, per country allocation can't exceed 7% (of total number allowed per quarter, not of the 28.6%) - limits to 2450 <-- each for India and China.
Applying 7% of 28.6% of one quarter of 140000 (as you did) is severely restrictive (not that 2450 is a great number per quarter for the first and second quaters of the fiscal year).
Either way, your point might still hold that there are enough folks waiting (with PD prior to April '03) to account for these in October '08.
[In the hope that some analysis like this might release the pressure set upon by the latest announcement...]
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Hi Sachug22,
I think the calculation is made this way...
Total EB2 numbers = 28.6% of total number = 40040 (for all countries)
Available each quarter = 10010
However, per country allocation can't exceed 7% (of total number allowed per quarter, not of the 28.6%) - limits to 2450 <-- each for India and China.
Applying 7% of 28.6% of one quarter of 140000 (as you did) is severely restrictive (not that 2450 is a great number per quarter for the first and second quaters of the fiscal year).
Either way, your point might still hold that there are enough folks waiting (with PD prior to April '03) to account for these in October '08.
[In the hope that some analysis like this might release the pressure set upon by the latest announcement...]
girlfriend few ideas on the paper.
Saburi
03-03 03:30 PM
MDix,
What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.
I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.
Thanks.
I Agree with you, EB3 I will never ever be current unless there is a resolution or releaf passed by Mr Change (Obama) or his lobby, there is no light beyond this tunnel until we see some releaf which does not look getting this year atleast and may be another couple of years.
Predictions are good to just hear and watch and here predictions are like lovely dreams which will never come true unless untill any big chnage is taken place, and the only person who i have hope with to do something for EB3 I is President Obama.
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.
This is really furstating and freinds sorry to express my frustration here on this forum but i am done and just look at my PD Dec 2001 for the past 1 year i hear from my lawyer you are just the next badge and should be current in the next bulletin.
I think we should live everything aside and just do our best at work thats what i am doing and thank god for getting our bread and butter in this economy.
Sorry if i was too loud and noisy.
Best Regards
Saburi
What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.
I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.
Thanks.
I Agree with you, EB3 I will never ever be current unless there is a resolution or releaf passed by Mr Change (Obama) or his lobby, there is no light beyond this tunnel until we see some releaf which does not look getting this year atleast and may be another couple of years.
Predictions are good to just hear and watch and here predictions are like lovely dreams which will never come true unless untill any big chnage is taken place, and the only person who i have hope with to do something for EB3 I is President Obama.
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.
This is really furstating and freinds sorry to express my frustration here on this forum but i am done and just look at my PD Dec 2001 for the past 1 year i hear from my lawyer you are just the next badge and should be current in the next bulletin.
I think we should live everything aside and just do our best at work thats what i am doing and thank god for getting our bread and butter in this economy.
Sorry if i was too loud and noisy.
Best Regards
Saburi
hairstyles mixed with paper texture,
amitjoey
05-05 05:11 PM
I am on the west coast, so I call East coast senators before work (Just one or two offices) and then the rest at Lunch time. I use my cell phone.
chanduv23
07-18 04:03 PM
Strong funding means strong lobbying for our causes. Please help for this cause.
Contribute for a good cause.
Contribute for a good cause.
CADude
07-04 03:18 PM
Contact your Senator regarding unprecedented move by the Department of State.
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
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