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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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  • hopefulgc
    03-05 01:37 PM
    If it is an IBM 3270, 5250, etc mainframe it still wouldn't take that long.
    Let me take it a step further.
    If the information is stored as a segregated flat file, it won't take that long.
    One could just proxy a perl/java gateway and write a script to parse data.

    Who does it.. makes all the difference.


    Those of you who are thinking that you can write a SQL query in a snap, you are egregiously mistaken.

    The CLAIMS database, which contains the AOS/485 petitions is neither a SQL database nor a modern CRM application. AFAIK, It is a legacy Mainframe system and needs significant effort and rare expertise to extract the data.

    Ideally, The Country of Chargeability should be in there. But these systems were built around 92 or before and the requirements gathering probably might not have thought about retrogression or carelessly left it out. What ever it is, it is not in the electronic format, it is almost impossible to get the biographic information unless a physical check is conducted. We can cringe and cry all we want, but not a lot is going to happen on the CC

    The good side of the issue is, Since EB-3 ROW is beyond 2004 and we have per country PERM data (not completely accurate, but significant), our statisticians and operations research folks will break down both data and get some thing that is valuable and accurate above 90%. We can safely assume that more than 90% EB-3 Pending before 2005 belong to I, C & M.

    What bothers me is the requirement of the definition of Priority Date? You would expect some one in the CIS/NRC to know what a priority date is. Don't ya? Any ways, We are working with members who received the response to get a better answer from CIS to determine further action.

    Stay tuned and we will let you know.




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  • eb3India
    12-10 10:20 AM
    Visiting IV webiste after long time, (yes I got my GC :) ), feel nothing has changed, another flaming post from logiclife and he hopes it will touch egos of those ( as he calls them cowards), but my friend their skin so thick they won't even feel it,

    I have been in this position, when I tried to start state chapter, I was not able to find single person, At that time I had EAD and sucessfully changed jobs, I knew many friends who were still in H1B and crib on every time how they have been exploited,

    Anyway one thing comes to my mind, it still amazes how Mahatma Gandhi was able to inspire people out of this lot to do what they did




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  • cableching
    06-30 04:57 PM
    Even if they approve the GC, they can always revoke and ask you to return the card. This has happened somebody, I don't remmeber which forun I read about it. Call them up and inform them that your PD is not current. You can even go to local ASC and talk to an IO. If you have an attorney, inform him/her.



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  • dagabaaj
    09-25 11:13 AM
    one I almost got when I heard my labor was rejected and I will have to start again.......:eek:




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  • govindk
    05-17 04:07 PM
    Done.



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  • jayram123
    07-18 04:50 PM
    Is it not all about the bottomline?


    Can any one of you as a single person make a difference? NO

    Can WE as a group make a difference? YES and we have proved that.

    Are WE focused as a group? Yes. In its entirety? No, and we will probably never be since we are a group.

    This mess was not created by the guy with a PD of 2007 but by USCIS. So, you can hate USCIS all you want but what did the guy with PD2007 do. He just got lucky. He got lucky, plain and simple. Why should anybody feel bad about someone else's luck?


    Come on guys, at least some of us are seeing the end of the light. Don't think I am PD 2007. My PD is Dec 2003. This is my fourth employer I am pursuing my GC with. I started working in 1997 and my first labor was filed in 1997. For various reasons I had to switch. I have seen all different cases. People who came in 2004 and got their GC by 2005. Is it fair? No, but it isn't the guy's fault. It is USCIS's and that's what we are trying to change. One issue at a time.

    This was a can't miss opportunity caused by the USCIS foul-up. Nobody could miss out on pursuing this. Now that we are done with that, I am sure core will focus on other important issues like BEC victims etc.

    Hope that helps. Peace!




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  • Totoro
    05-21 01:24 PM
    recently they were worked or worked to accomodate people working in US Army to be eligible if one in their family has ITIN.

    Then why there are not looking at Legal Immigrants.

    My contact in the government says "it was too expensive".



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  • reddymjm
    06-15 09:58 PM
    Understood every point of yours & I stand by what you said except for the language as it could have been a bit better. Regarding EB3 or EB2, maybe IV should work attaching a provision as part of its CIR work, which makes USCIS determine whether a candidate is in EB3 or EB2 based on the PERM & 140 instead of letting companies & attorneys mention it. If this happens the process will be much better as USCIS controls the categories & applicants do not need to beg a company to throw them into an EB2 basket or EB3 basket. Also, applicants can have certain amount of freedom from the companies.

    When a process is flawed, there is always room for abuse. Of course, the abuse might be minimal, but when we see people with masters & 15 years of experience toiling in EB3 category it pains my heart. It is a fact there could be lesser qualified inidividuals who are in EB2 category, but the companies have managed to use these to hold the employees as hostage.

    Hopefully USCIS someday understands this and takes control of assigning applicants into categories than asking company & attorney to mention.

    Just sharing my two cents. Also, frustrations from EB3 should be tolerated by IV members, instead of beating them with "red dots". Because if we request members to put their time and effort then it would be mostly EB3 members as they are the "worst" affected. I am sure every year between july-sept most of EB2 members will do bulletin-watching & there is nothing wrong in it.

    Next year by this time only EB3 will be here and I dont think many of the EB2 will even bother to read the forum. God bless EB3. Even for those guys with PD in 2003 if you think that you will be lucky in year or two, try buying lottery tickets too. You might win a jackpot.

    Good Luck guys...




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  • Aah_GC
    09-12 08:19 PM
    Hi Prince,

    I went thru posts on other forums with I 485 denials after 180 days of filing. In almost all the cases, people filed MTR and their I 485 was re-instated back to normal after that. You should be fine after filing the MTR with the help of attorney.

    I know these 15-20 days will be hard for you. Hang on. I had the same experiance when there an RFE on my I 140.


    That's right.. you will be fine. Just hang in there.



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  • h1techSlave
    09-20 04:12 PM
    ..from any single state, afaik (perhaps with the exception of NJ, don't have the exact numbers - but in stark contrast to many other states... ).

    Also note, the attendance at short notice for the SJ rally was phenomenal.

    Let's just say Californians are more motivated and active then many from the DC area, and you can expect an even larger crowd the next time around, with better planning and more time imo.

    jazz


    One reason for the poor performance from DC area folks is that a GC does not open many avenues for folks in DC area. You could change from a 70K job to 90K job, may be. In Silicon Valley there are many more opportunities. You are talking about a change from 80K to may be starting a million $$ company.




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  • 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.



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  • GCwaitforever
    03-23 11:06 AM
    If your interpretation is correct, US STEM degree holders with 3-year experience hit the Jackpot. Good for them and good for remaining people in EB2 queue. Unfortunately EB3 can not use any surplus/leftover created in EB2 with the new bill. That is a minus point. EB-5 benefits a lot though.




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  • coolpal
    05-24 11:58 AM
    Sent $50 via online bill pay.

    thanks,
    pal :)



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  • ujjwal_p
    02-14 02:43 AM
    Getting rid of semilar\same job requirement is going to be as easy or as difficult as getting prefiling AOS.

    Getting rid of same\semilar job is not semilar to getting to green card. If you are a software person then you can put a restriction that you have to work in a software related job, in the same way if you a civil engineer then you should work in the civil engineering field. But the way USCIS does same\semilar job is job code match, responsibilities match etc etc etc, the problem with this is it is a very grey area, it is almost like doing labor all over again. It has not become that bad yet but it will sooner or later, how many H1b rfe\denials did you know in the last 2 years, I bet there are more H1 denials in the last 2 months than the whole of last 4 years.

    I'm hoping this does come through. This is a great step and I'm surprised that the Secretary brought this up on her own. However, hydboy's point is true. This will be most useful if AC21 is honored by USCIS. Kiran's point about convenience for visa stamping doesn't move me. The biggest advantage of applying for AOS is being able to move jobs after 6months using AC21. Anyway, I guess it all depends on the numbers. How many people have had issues with AC21 versus how many have had no issues with AC21. Also in almost everything in life, the ones with negative experience will be more vocal than the the ones who've had a positive experience.




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  • pappu
    02-11 10:01 AM
    Here is an update on Visa recapture from Aman:
    "I know some people ask for achievements of Immigration Voice and comment, sometimes ridicule, that Immigration Voice has not been able to get even one provision in last one year. There are many other organizations working on behalf of various groups. If no immigration provision has passed in more than last one year, does it mean that all those organizations are also ineffective? We all know that this is a world of instant gratification but please understand that there are groups who go to DC to get their issues addressed and they wait for 2, 3 -5 years before anybody would start listening to their issues. You see, just to explain using an analogy, Microsoft is working to get H-1b numbers increased long before Immigration Voice started. If Microsoft has not been able to get Congress to increase H-1B numbers, does it mean that Microsoft is no longer an effective corporation? Likewise, Immigration Voice has made significant progress but due to the political climate and statistical discussion about the undocumented, which of’course is different but an important issue, our provisions are clubbed in the comprehensive bill. If it would have been any other year when Congress was not considering the issue of undocumented or comprehensive immigration reform, advocacy effort of Immigration Voice would have definitely translated all our provisions into law six months back.

    If you want us to get Visa recapture as interim fix, allow me to share with you that as it stands today, it will not happen outside of Comprehensive bill. Infact as it stands right now, even H-1B increase will also not happen outside of comprehensive bill. Reason? Most of the groups and companies have stopped pushing for temporary relief because any kind of temporary relief or interim relief chips away support from CIR and the offices of Senate and House Leadership along with other proponents of CIR have made it clear that any immigration relief has to be a part of CIR and not outside of it. Other companies/coalitions have stopped pushing for temporary H-1B increase as they do not want to be in the bad books of committee chairmen and the leadership offices by trying to sneak temporary relief that divides the supporters of CIR. Leadership wants support for CIR and want all sides to wait for CIR. And not doing so and trying to get interim relief before CIR would put them in bad books of Senate and House leadership, which no one wants coz if CIR fails, then after CIR, these offices will not co-operate with any group that tried to take away support from CIR. So it would be counter-productive politically to do things that take away good stuff from CIR. Also, if you think that any effort in the final week could help in anyway, then let me to share with you that most provisions and their language are decided much in advance and last minute efforts almost never yield any result on the Hill."
    more update on what we are doing is here http://immigrationvoice.org/forum/showthread.php?t=3198&page=3



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  • GCapplicant
    06-30 04:57 PM
    congrats...once u receive yr card...pls update.If its true in yr hands enjoy.Good luck.lucky guy.:)




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  • sanan
    07-24 01:42 PM
    Albeit a little slow in returning phone calls, emails is very knowledgeable and a good lawyer. Their charges/rates are at least 1/3rd that of Murthy's

    I would recommend him to any one http://www.kapoorlaw.com/




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  • gc genie
    06-13 07:40 PM
    Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
    lc approved for the future job
    i 140 pending.
    Are we eligible to apply for i 485 ..ead for a future job etc.
    I am on h4 .
    Thanks People.
    Thanks to iv




    x1050us
    09-26 10:11 PM
    I got a reject for missing/incorrect fee. Any one out there?




    hazishak
    07-04 10:53 PM
    I think we should write in only one thread about this VB mess until it is over. New users like me are getting hard time to find out the latest development of the VB issue. Either we should start a new thread or stick with only one. regardless of the subject/issue, we should post all our message into one single thread so that every one is on the same page.



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