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  • as_rudra
    06-30 09:03 AM
    Lets hope this one will Fly all the way.





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  • chanduv23
    09-25 12:59 PM
    Continued from previous post

    EOIR-44 �Immigration Practitioner Complaint Form� � Individuals who seek to file a disciplinary complaint against an immigration practitioner who practices before EOIR and/or DHS may file a Form EOIR-44. The form assists the investigating counsel in EOIR or DHS in determining on a preliminarily basis what action, if any, should be taken based upon the allegations raised in the complaint, including whether to conduct a preliminary inquiry, request additional information from the complainant, and/or refer the complaint to a State bar disciplinary authority.

    In addition, the form provides complete filing instructions (on the back) and information on confidentiality, disciplinary complaint procedures, and formal disciplinary proceedings.

    It is important to note that a Form EOIR-44 is not required in order to file a complaint. Individuals may write and submit their own complaint statement or letter according to the instructions in the �Questions and Answers� section below.

    EOIR-45, �Immigration Practitioner Appeal Form from an Adverse Decision of an Adjudicating Official in Practitioner Discipline Case� � Immigration practitioners must use Form EOIR-45 to appeal to the BIA an adverse decision of an Adjudicating Official regarding a disciplinary proceeding. The form provides filing instructions and information regarding:

    Right to representation by an attorney or representative (at no expense to the Government),
    Submission of briefs and service on the opposing party (including addresses of service),
    The BIA�s summary dismissal grounds,
    Oral arguments and how they may be requested, and
    Required notification of change-of-address.
    All four forms are available at all Immigration Court locations, the BIA, and DHS offices, at no cost. In addition, the forms may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.

    Any person may file duplicates of the forms, provided that any such duplication must conform exactly to font size and type of the Government-issue original and be printed on standard 8� x 11-inch bond paper.

    * * * * *

    QUESTIONS AND ANSWERS

    For Complainants:

    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.

    Q. Where do I send a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before EOIR (the Immigration Courts or the BIA), send your Form EOIR-44 or your own complaint statement or letter to:

    Executive Office for Immigration Review
    Office of the General Counsel
    ATTN: Bar Counsel
    5107 Leesburg Pike, Suite 2600
    Falls Church, VA 22041

    If the complaint concerns the conduct of an attorney or representative in a matter before DHS, send your Form EOIR-44 or your own complaint statement or letter to:

    U.S. Citizenship and Immigration Services
    70 Kimball Avenue, Room #103
    Burlington, VT 05403
    Q.Where can I get the EOIR-44 complaint form?
    A. You may obtain an EOIR-44 complaint form from any Immigration Court, the BIA, and DHS offices. In addition, the form may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.

    Q. After I file a complaint, what will happen next?
    A. Your complaint will be reviewed by the investigating office to determine whether it warrants further investigation, and, if so, an investigation will be conducted. If, after completing the investigation, the investigating office determines that a violation of the Rules of Professional Conduct for Practitioners has occurred, a Notice of Intent to Discipline will be issued and then sent to the attorney or representative, including a recommendation that discipline be imposed.

    Q. Will I have to testify against my attorney or representative?
    A. You may be called to testify if a hearing is held. Your testimony may be important in determining whether your attorney or representative violated the Rules of Professional Conduct for Practitioners.

    Q. Can you get my money back for me and find another attorney to represent me?
    A. EOIR cannot:


    Require your attorney to give you your money back,
    Force your attorney to act for you or tell your attorney how to proceed with your case,
    Give you legal advice about your case or otherwise represent you, or
    Recommend a particular attorney or law firm who might help you.
    EOIR can give you a list of free legal service providers located in your area. The �Free Legal Service Providers� list is posted by State on the EOIR Internet Web site at http://www.usdoj.gov/eoir/probono/states.htm.

    For Practitioners:

    Q. What if one of my clients files a frivolous complaint against me?
    A. Every complaint will be investigated thoroughly. If the investigation concludes that no violation of the Rules of Professional Conduct for Practitioners has occurred, the matter will be closed. Except under limited circumstances, complaints are kept confidential.
    Q. Am I entitled to be represented by counsel in a disciplinary proceeding?
    A. You are entitled to be represented by counsel at no expense to the Government, or, if you so choose, you may represent yourself.

    Q. Where do I get the notice of appearance forms (EOIR-27 and EOIR-28), the complaint form (EOIR-44), and the appeal form (EOIR-45) for a practitioner discipline case?
    A.These forms can be obtained from any Immigration Court, the BIA, and DHS offices. In addition, the forms may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.





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  • dc2007
    07-01 01:38 PM
    Can you provide contact/website details for Fragomen ?





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  • GCBy3000
    07-03 04:51 PM
    Man..

    All are politics. Some time back we heard that no other bills could be introduced until the CIR dies. This was told like it was fixed in stone. But now some congressmen introduces the SKIL bill. Ask these questions?

    Does CIR needs to die to another similar bill get introduced?
    What are the forces which drive to introduce a bill? Does a congressmen go to bed and get up in the morning with a bill?
    Does congress / US Govt / people really care for immigrants? If not who cares?
    Who can make any Bill get passed by the Govt? In how many days?

    BUSINESS, BUSINESS, BUSINESS, TRADE, $$$$$,. Only big business people can influence anything in anywhere in the world. They will get what they want with any governments. Govt cannot run with the support of business people. First comes the business support then the mass votes.

    This bill will be passed for sure before August. You and me are not behind this. Microsoft, CISCO and Oralce are the ones indirectly calling the shots. Anti immigrant groups can just talk and shout. Money($$$) will show it in action. Wait and Watch.

    Wait until they start getting to the details before being optimistic.

    By the way, how long does it take for a bill to get debated and voted on from the time it is introduced? Months? Years??



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  • pdFeb09
    06-16 10:36 AM
    I guess this is the best thing to do, to upgrade my current EB2, and apply for an EB3. I hope this will expedite thins around here. Looking forward to more good things come.

    You mean you are in EB3 right now and want to upgrade to EB2, right? Not the other way round?

    If you are in EB2 already, don't move a muscle ! Unless ofcourse you can upgrade to EB1 !





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  • Michael chertoff
    03-28 03:52 PM
    I never asked anyone send the check to my personal account....and no one is donating the money
    based on my reputation or profile information.

    OK.. what is your PD?

    Thanks

    MC



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  • Jaime
    09-06 04:08 PM
    YES Baby!. I am making it to the Sep 18th DC Rally. I am also bringing my parents (who are visiting US) along with me to the rally. So, total count is 3.

    Initially, I was planning to take them to just NYC. Now I changed plans and decided to show them DC as well. Since we are talking about Washington Monument and Capitol Building, I don't think they will mind at all :).

    Go Fellows Go...

    Way to goo neel_gump! That's great that you and your parents will attend the rally! And also, you are right, DC is a great tourist destination which your parents will greatly enjoy!

    That's actually a good idea too, why not make it a long-weekend? Vacation + activism, you will enjoy yourselves and also help yourselves by telling Congress to do what is fair!





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  • indyanguy
    07-18 12:21 PM
    Coming back to the discussion about EB3->EB2:

    1. For all those who have already initiated the process and are aware of the delays in PERM (about 8 mos) and 140 nowadays (about 10 mos), the cost involved (close to $9k) and without a guarantee of a successful interfiling (a lot of people on this forum earlier had narrated instances of failures), what was your motivation to continue??

    2. Has anyone started this process with their EB3 140 still pending?



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  • anilsal
    12-11 04:20 PM
    please close the thread.





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  • risker
    07-21 12:22 PM
    Hi All,

    Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.

    Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?

    I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.

    I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.

    One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?

    So please let us start acting now: The list of next possible steps (in no particular order) are:

    - Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
    - Get the support of IV core team for this
    - If no other alternatives are available then consider filing a case. Consult an attorney for this
    - Raise more awareness about this and get allt he support we can
    - Raise some money towards this cause


    So please please provide more inputs so that we could start making some real progress. Thanks!!



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  • H4_losing_hope
    02-14 07:43 PM
    :) The golden letter from my previous attorney arrived today! GO IV!!





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  • vamsi_poondla
    09-05 12:57 PM
    vamsi, go ahead and do it now, wont take long.

    Done that. Spoke with Kanika, arranging for meeting my area congressman.



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  • prince_charming
    09-25 12:28 PM
    Prince,

    You will be fine as per the rules. Just make sure you hire a very capable and reputed attorney, just in case the one you have isnt the best. I faced something like this, with 140, and went to one of the big firms we quote many times here and the case was approved with an MTR in just 20 days.. DOnt loose heart. But make sure you do the documentation whatever is needed and make no compromises there. Provide more thats relevant.

    Sri.

    Thanks guys.

    Still waiting on I-485 denial notice.... its almost 13 days and haven't received it yet. My attorney called them and asked for FAX of denial notice.





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  • ajobha
    10-19 12:49 PM
    This is Ashish from Canton, MI. Will surely meet you guyz tomorrow. So, finally how many people, WD?



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  • vdlrao
    07-15 05:36 PM
    Not sure I follow you. How are we getting 50K spill over visas?

    I already mentioned in my previous posts (multiple posts with same matter for people like you and me, see it and understand it well) how we are getting more than 50k visas just for EB2 India. I am giving it here again the visa allotments for 2006 and 2007 years when theres vertical fallouts. Now its changed to horizontal fall outs.

    Due to this as many of us think its not the EB3 India which is losing, but its EB3 ROW.



    Class --------------------------------------> 2006 | 2007

    Total Employment-based Approvals ----------> 159,081 | 162,176

    EB1 ---------------------------------------> 36,960 | 26,697

    EB2 ---------------------------------------> 21,911 | 44,162

    EB3 ---------------------------------------> 89,922 | 85,030

    Fourth:-------------------------------------> 9,539 | 5,481

    Fifth (investors) ----------------------------> 749 | 806


    See the Total Employment Based Visa approvals for 2006 and 2007 159,081 and 162,176. But there are only 140,000 visas in EB category. The rest of the visas came from Family Based visas which are not used for the previous fiscal year. The share for each category: Each EB1, EB2 and EB3 should get 1/3 of 140,000 = 46,666. But due to the less demand in EB1 and EB2 ROW all the visas falling to EB3 ROW due to the Vertical falling.


    EB1 ROW --> EB2 ROW --> EB3 ROW.

    EB1 INDIA --> EB2 INDIA --> EB3 INDIA.

    As theres not much demand for EB1 ROW and EB2 ROW, all the unused visas are going to fall to EB3 ROW. So from this time its going to be like Horizotal fall out like below.


    EB1 ROW/EB1 INDIA --> EB2 ROW/ EB2India/ EB2China-->EB3ROW/EB3 INDIA.


    So this time to fall any VISAS into EB3 ROW they have to pass through EB2 India/EB2 China. So this makes EB3 ROW dates would retrogress due to the decrease in visa numbers availabilty.

    As I said each category would have 46,666. So EB1 and EB2 together will have around 93,332 visas. But in EB1+EB2 in 2006 about 50,000 visas approved and in 2007 about 70,000 visas approved. So for 2008 also asume the demand for EB1 and EB2 is 70,000. But the availability of VISAS are 93,332 as said above + unused family visas which come around 19,000+.

    So for this 2008 fiscal year for EB2 India and China the total visa numbers availlable are


    (93,332 +19,000) - 70,000 = 42,332.


    So around 42 thousand + 9,800 (regular 7% of 140k) = around 52k Visas Just for India , because EB2 China was already Jan 2006 a year back. And I dont think it would take any considerable share in this 50k other than its regular 9,800 visas.


    Get me back if you have any doubts.





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  • gconmymind
    04-25 06:25 PM
    Paypal Txn - 9JE97728L1653061Y

    More will follow shortly...

    Thanks for doing so much for the community!!!



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  • rpeter
    02-08 04:09 PM
    Given that 23800 letters is appearing tough to meet can we tweak the approach such that a survey is created on IV and people can respond to it (since more people read IV than actually respond to requests) and we can use those numbers to prove the number of people behind the idea.

    Is that a possibility?





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  • rajuram
    11-19 11:46 PM
    I tend to agree. Anything that can give us positive publicity will work.


    The flower campaign was a huge success. The holiday season is here and I was thinking about a potentially new and innovative campaign idea. Greeting cards with a recorded audio message to be sent to the Director of USCIS. The message would be unique to the individual sending it. Should include something like "Dear Sir - I wish you a happy and safe holiday season. My name is "xyz". I am a legal immigrant stuck in the green card backlog for "xyz" years. Please help us. This message is just an idea - it could be anything agreed upon by consensus.

    Maybe this idea is a little corny but we have to think out of the box. Just imagine - hundreds of greeting cards with their own unique message - could make a point???





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  • Sachin_Stock
    07-07 09:44 AM
    I read some where that HR 5477 (SKIL Bill) is referred to Judiciary commitee of house.

    What does it mean? Is there any favour for us?

    Pleases clarify.

    I have majored in Information Systems from New York, however, I am have a BS and not MS. I been for 6 years on H-1 by now. Does it qualify for any of the SKIL bill's previledges?





    belmontboy
    03-27 12:44 AM
    @smuggymba

    Your's is not a valid argument - you didn't apply so other people shouldn't apply. .

    -CinBoy
    (EB2)

    He's not cribbing about missed opportunities.
    You missed his argument's main point.





    newuser
    06-25 09:07 PM
    Hi,
    Last time I paid $305 for renewing my AP. Do I again need to pay that much to renew or is the renewal free?
    Thanks in advance!

    It depends when you applied your last AP. If you did apply during the July'07 fisaco, you need to pay $305.



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