Murthy is hinting - Some I485s approved in error

[banta4gc]

So, Murthy also received approved approvals in July...as also pointed out by www.shusterman.com

But why is Murthy saying - approved in error?
I can understand one reason - that approvals in June on petitions that did not have the PD's current....But, why are they complaing about July? They seem to have gone crazy - instead of being happy...they are complaining it might be error!
At least Shusterman, called it a SILVER LINING out of happyness..

http://www.murthy.com/news/n_whahap.html
What Happens to I-140s Filed Concurrently with I-485s in July 2007?



Posted Jul 06, 2007

USCIS Headquarters informed the American Immigration Lawyers Association (AILA), on July 2, 2007, that, if a person concurrently filed the I-140 with the I-485 in July 2007, the USCIS mailroom will only retain the I-140 petition for processing and will reject the I-485 package. However, this separation can take place only if the filing fees for the I-140 and the I-485 were submitted as separate checks. If there was only one check for the entire filing, then the entire package will be rejected. For this reason, we at the Murthy Law Firm always require our clients to issue separate checks for each form to avoid rejection of the entire package, whenever possible. Even in the I-485 package, we recommend including separate checks for the I-485, the I-765, and the I-131 to avoid a problem with one form affecting the entire filing.
©MurthyDotCom
There are many who are still trying to figure out what to do about the fact that the U.S. Department of State (DOS) raised their hopes and then both the DOS and the USCIS dashed those hopes by announcing the "unavailability" of visa numbers and rejection of I-485s in July 2007. There is much concern over whether the unavailability of visa numbers by the USCIS issuing approvals is valid or illegal, since there are many irregularities in the procedures that were followed. Our firm has become aware of older I-485s (filed well before June / July 2007) that were approved in error in June and at the very beginning of July, when there were no visa numbers available for those applicants in either month! Another problem likely to be mentioned in the lawsuit is that the USCIS counted, or allocated, a visa number for those I-485s that were pending security checks for several months, or years, without issuing the I-485 approvals! This also violates the law and regulations, as visa numbers are not supposed to be "reserved" for cases. They are to be assigned with a case approval.

 

[sannams]

We won't be surprised if they recall approved GC's. They can do anything - anytime

 

[mehro]

amazing

i am with you banta.

why should they have problems if CIS is allocating visa numbers or processing the apps.

i hope they dont make it worse by filing lawsuit with stuff like "reserved" visa numbers ;; "approved in error" etc

can these lawyers be asked to find from CIS what they are planning to do with already pending 485s that are there with CIS for years. And how many of the 60,000 visa numbers have been granted GC and if there are any remaining visa numbers that are allocated but cards not issued it (lets hope so), would those applications be processed in next 2-3 months or will they touch even those apps after Oct '07

 

[MD_Rockville]

do you think that murthy or aila is interested in our green card ? rights ? fee to file new GC is 3000+ ... given dates were not current and 1000+ GC applications were ready for July 1 FEDEX it amount to loss of 3,000,000 USD ... think about it ... and those last minute labor substitutions were sold for more than 10 grands ( July 17 deadline ) .. dude any law firm will write few articles in 2 minutes for 3,000,000 $ ... didn't you notice five page lecture on website ...


so what if USCIS assigned 60,000 VISA to 2000 -2003 applicants ! what is wrong with that ... i've not seen a more brave step from USCIS since XXXX ... i don't care who gets approved as long as they are approving someone who filed before 2004 ...

it's funny when murthy says "qualified" immigrants were denied opportunity ... i would ask who are "we" , here waiting since 2000, 2001, 2002, 2003 ?

 

[prq20]

do you think that murthy or aila is interested in our green card ? rights ? fee to file new GC is 3000+ ... given dates were not current and 1000+ GC applications were ready for July 1 FEDEX it amount to loss of 3,000,000 USD ... think about it ... and those last minute substitutions were sold for more than 10 grands ( July 17 deadline ) .. dude any law firm will write few articles in 2 minutes for 3,000,000 $ ...


so what if USCIS assigned 60,000 VISA to 2000 -2003 applicants ! what is wrong with that ... i've not seen a more brave step from USCIS since XXXX ... i don't care who gets approved as long as they are approving someone who filed before 2004 ...

it's funny when murthy says "qualified" immigrants were denied opportunity ... i would ask who are "we" , here waiting since 2000, 2001, 2002, 2003 ?

I totally agree with you. It should only be on first come first serve basis. It is not justifiable to process recent cases until all old pending cases have been approved. If there is a glitch in the system, work day and night to correct it which is causing us all a lot of headache.

Many Attorneys are much interested in their processing fee and once theses cases have been filed, they will not even talk to the applicants properly after receiving their hefty fees.

It is the time for USCIS to streamline its processes and bringing efficiency by restructuring time consuming processes such as FBI name check.

 

[MD_Rockville]

It is the time for USCIS to streamline its processes and bringing efficiency by restructuring time consuming processes such as FBI name check.

you'll be surprised to know that 8 out of 10 cases are being delayed because of FBI, not USCIS.
If FBI responds within 120 days then you can get the approval in < 1 year. FBI is also constrained with resources, it is not a easy task to clear thousands of folks every month ..process is fine, it is lack of resouces and tools to get the job done ... essentially lack of funding .. and at the end the policy of government ...

background check is essential part, would you allow anyone to live in your county ? search for green card approval process manual PDF I posted on this firm couple of years back…details out step by step process of approval...

the only thing that could work for sure is you taking ownership of your approval .. i.e. call USCIS every two weeks, write to FL, Senator, "whoever" and persist till you get approved...

 

[srichalam]

Well, i guess

do you think that murthy or aila is interested in our green card ? rights ? fee to file new GC is 3000+ ... given dates were not current and 1000+ GC applications were ready for July 1 FEDEX it amount to loss of 3,000,000 USD ...

it's funny when murthy says "qualified" immigrants were denied opportunity ... i would ask who are "we" , here waiting since 2000, 2001, 2002, 2003 ?

now we get to see the TRUE colors of different entites, the AILA, Immigration Attorneys to name a few. Ultimately when it matters the business, no one seems to loose the opportunity to DUMP others by hook or by crook.

In a way, this bold step by USCIS did some good, now for sure we know who are with us(the oldies) and who not...

 

[Jackolantern]

background check is essential part, would you allow anyone to live in your county ? search for green card approval process manual PDF I posted on this firm couple of years back…details out step by step process of approval...

They already do two other background checks, IBIS and ADENT which are completed within hours or days. The Ombudsman questioned the value of the FBI check because the USCIS couldn't prove anybody was being caught by the FBI check who wasn't caught by at least one of the other two checks.

They can drop the FBI name check and they won't really be any less secure, because they have the other two security checks. If they feel the need to have three checks, they should use another more efficient agency or system.

And if they are that concerned about security, the checks should be done up front when people apply for H1/J1/L1, not after people are already in the country and able to wreak havoc if that is what they wanted to do.

 

[Jackolantern]

The lawyers make their money when people keep applying for EAD and AP every year. It is not in their interest for you to get a green card quickly, unless your arrangement with them is to pay one big up front fee for all processing until the green card arrives. Or unless they don't get the full payment until and unless the green card is approved.

 

[GHEBAUER]

The bottom line is that , this system is broken and nobody wants to make it better , and probably in the future , some ...future immigrants ...will do that !!!

 

[assur]

Relax, and be advised there is 'No-Chance" to win law suite against USCIS/DOS, no-way, it is just being published to politicize, propaganda, harrassment, pressurize opponent. To win the voice of media, "Security Checks" point has been included. The USCIS, in this case. is in right direction, it has to face hurdles from commercial businesses.

 

[Imm_Exploited]

Murthy is Way Out of Line Sometimes

During the July 2, 2007 chat session, the attorney indicated that I-485 applications received by USCIS on July 2, 2007 will NOT be denied but rejected because a visa number is not available.

So, my question is: Are the I-485 applications accepted only when visa numbers are available? If the answer is yes, do all the pending I-485s have a visa number allocated even if they are not approved for years together?

 

[tammy2]

Murthy is Way Out of Line Sometimes


So, my question is: Are the I-485 applications accepted only when visa numbers are available?

Yes. Only when visa numbers are available for applicant's priority date.

If the answer is yes, do all the pending I-485s have a visa number allocated even if they are not approved for years together?

Visa number is not allocated when you apply , But there is rule that case needs to approvable when it is filed. Unless the priority dates are current it is not approvable. Hence USCIS would not accept the I-485. They will reject it.