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pappu
07-01 10:22 PM
Info on the lawsuit by AILA:
==============
USCIS VISA BULLETIN/
VISA AVAILABILTY LAWSUIT
Frequently Asked Questions about Participating in this Lawsuit
AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status applications for the alleged reason that a visa was not available, even though the Visa Bulletin from the Department of State (DOS) states that a visa was available at the time of filing.
Any foreign national who is otherwise eligible for adjustment of status and whose adjustment of status application has been or will be returned or rejected solely on this basis may be eligible to be a plaintiff in this lawsuit. If you are considering being a participant in this lawsuit, you may find the following frequently asked questions and answers helpful.
Q: What is AILF?
A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF sometimes files lawsuits involving various aspects of immigration law.
Q: What is this lawsuit about?
A: This lawsuit will be filed by plaintiffs who have been harmed because USCIS rejected or returned or is expected to reject or return a properly submitted adjustment of status application for the alleged reason that no visa was immediately available even though the DOS Visa Bulletin states that a visa was available at that time.
To be eligible for adjustment to lawful permanent resident status, a foreign national must show that a visa number is “immediately available.” USCIS regulations state that the DOS Visa Bulletin is used to determine whether a visa number is immediately available. This Bulletin is published once a month and lists the visa availability dates for all categories of immigrants for the following month. Thus, for example, the July 2007 bulletin, listing visa availability dates for the entire month of July, was published in June 2007.
AILF has learned that USCIS has refused to allow certain adjustment of status applications to be filed even though the DOS Visa Bulletin states that visa numbers are available for the immigrant category at that time. USCIS rejected these applications because DOS informed it in an internal communication that no visa numbers remained for that category of immigrants. To date, this has happened only in the employment-based “other worker” category. We anticipate that it may happen in a number of other types of employment-based immigrant categories beginning in July 2007.
We believe USCIS violated the law when it failed to apply the visa availability dates listed in the Visa Bulletin, as required by a federal regulation, and instead rejected properly filed adjustment applications. Through this lawsuit, we will challenge the rejection of adjustment of status applications on this basis. We will ask the court to order USCIS to accept the rejected adjustment applications and treat them as being filed as of the date they originally would have been filed had USCIS not rejected them.
Q: What is a “plaintiff” and how do I know if I am eligible to be a “plaintiff” in this lawsuit?
A: A plaintiff is a person who files a lawsuit against someone else. We are still determining the categories of plaintiffs but an eligible plaintiff for this lawsuit may include:
[other worker category]
A foreign national who:
Submitted an adjustment of status application in the “other worker” category for receipt by USCIS in June 2007; and
Is otherwise eligible for adjustment of status; and
Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
[other employment-based categories]
A foreign national who:
Submitted an adjustment of status application in any employment-based category other than “other worker” for receipt by USCIS in July 2007; and
Is otherwise eligible for adjustment of status; and
Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
Q: Why should I be a plaintiff in this lawsuit?
2
A: If the lawsuit is successful, USCIS should accept your adjustment application and treat it as if it had been filed as of the date that you originally tried to file it. Because your adjustment application will then be considered to be pending before the agency, you may be eligible for interim benefits, including an employment authorization document, advance parole, and others.
What the lawsuit will not do is make a visa number immediately available to you if none is available. If the visa numbers have in fact been used for the current fiscal year, the court does not have the authority under the law to make a new number available to you. However, if the court orders that USCIS accept your adjustment application as of the date that you originally tried to file it, you will be at an earlier place in line when visa numbers become available again in the next fiscal year, October 1, 2007. Additionally, as mentioned, you may be eligible for interim benefits while you are waiting.
Q: What is likely to happen because of the suit?
A: Lawsuits are uncertain by nature. We cannot predict the exact outcome. However, other efforts to resolve these problems with USCIS have not succeeded. For this reason, we believe that a lawsuit is the only remaining possible way to resolve these problems.
Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
Q: How much time must plaintiffs spend on this lawsuit?
A: Plaintiffs will have to provide us with the information and documentation we need in order to prepare the lawsuit. AILF will do most of the work in the lawsuit on paper. Depending on how the case proceeds, the government and its attorneys may want to ask the plaintiffs some questions about their case, either through written questions and answers or in person. This is called “discovery.” One type of discovery is a “deposition,” which is an interview where parties are asked questions about their cases.
Depositions are possible but not common in this type of case. In the event that discovery and/or depositions were required, an AILF attorney or an attorney working with us would assist plaintiffs to comply with any discovery requests, and would appear with plaintiffs at any deposition at no charge (see below). At a later stage, a plaintiff may be required to be present at
3
a hearing or a trial and possibly be asked to testify about their particular case, but this is quite rare.
Q: Will it cost me anything to be a plaintiff in this lawsuit?
A: AILF and any co-counsel will not charge any attorney’s fees for representing individuals in this lawsuit. AILF and any co-counsel also will pay the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that an individual should be required to be present at a deposition, hearing or a trial, we may ask that he/she pay their own travel and lodging expenses, if any. Those expenses would be reimbursed if the lawsuit is successful and we recover costs.
Q: Will anyone know that I am a plaintiff in this lawsuit?
A: Lawsuits are public information, and are available as a public court document. Many courts now have lawsuits and other documents available electronically, accessible via the internet. Also, USCIS will, of course, know the identity of the plaintiffs. We also will discuss plaintiffs’ cases with any other lawyers working with us on the lawsuit. It also is possible that the media – newspapers, radio, or TV reporters – will see the court documents and decide to do a story on the lawsuit.
Q: What should I do if I am eligible and interested in being a plaintiff in the lawsuit?
A: Please quickly submit the Questionnaire for Potential Plaintiffs and send us the documents requested. If you do not have the Questionnaire, please send an email to visabulletin@ailf.org, and we will send it to you. You may also fax a request to AILF LAC at (202) 742-5619. Please indicate this is a question about the visa bulletin litigation.
If you have any questions that are not answered by this FAQ or the questionnaire, please send them to visabulletin@ailf.org or fax to (202) 742-65619, and we will respond. Thank you!
===============
==============
USCIS VISA BULLETIN/
VISA AVAILABILTY LAWSUIT
Frequently Asked Questions about Participating in this Lawsuit
AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status applications for the alleged reason that a visa was not available, even though the Visa Bulletin from the Department of State (DOS) states that a visa was available at the time of filing.
Any foreign national who is otherwise eligible for adjustment of status and whose adjustment of status application has been or will be returned or rejected solely on this basis may be eligible to be a plaintiff in this lawsuit. If you are considering being a participant in this lawsuit, you may find the following frequently asked questions and answers helpful.
Q: What is AILF?
A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF sometimes files lawsuits involving various aspects of immigration law.
Q: What is this lawsuit about?
A: This lawsuit will be filed by plaintiffs who have been harmed because USCIS rejected or returned or is expected to reject or return a properly submitted adjustment of status application for the alleged reason that no visa was immediately available even though the DOS Visa Bulletin states that a visa was available at that time.
To be eligible for adjustment to lawful permanent resident status, a foreign national must show that a visa number is “immediately available.” USCIS regulations state that the DOS Visa Bulletin is used to determine whether a visa number is immediately available. This Bulletin is published once a month and lists the visa availability dates for all categories of immigrants for the following month. Thus, for example, the July 2007 bulletin, listing visa availability dates for the entire month of July, was published in June 2007.
AILF has learned that USCIS has refused to allow certain adjustment of status applications to be filed even though the DOS Visa Bulletin states that visa numbers are available for the immigrant category at that time. USCIS rejected these applications because DOS informed it in an internal communication that no visa numbers remained for that category of immigrants. To date, this has happened only in the employment-based “other worker” category. We anticipate that it may happen in a number of other types of employment-based immigrant categories beginning in July 2007.
We believe USCIS violated the law when it failed to apply the visa availability dates listed in the Visa Bulletin, as required by a federal regulation, and instead rejected properly filed adjustment applications. Through this lawsuit, we will challenge the rejection of adjustment of status applications on this basis. We will ask the court to order USCIS to accept the rejected adjustment applications and treat them as being filed as of the date they originally would have been filed had USCIS not rejected them.
Q: What is a “plaintiff” and how do I know if I am eligible to be a “plaintiff” in this lawsuit?
A: A plaintiff is a person who files a lawsuit against someone else. We are still determining the categories of plaintiffs but an eligible plaintiff for this lawsuit may include:
[other worker category]
A foreign national who:
Submitted an adjustment of status application in the “other worker” category for receipt by USCIS in June 2007; and
Is otherwise eligible for adjustment of status; and
Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
[other employment-based categories]
A foreign national who:
Submitted an adjustment of status application in any employment-based category other than “other worker” for receipt by USCIS in July 2007; and
Is otherwise eligible for adjustment of status; and
Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
Q: Why should I be a plaintiff in this lawsuit?
2
A: If the lawsuit is successful, USCIS should accept your adjustment application and treat it as if it had been filed as of the date that you originally tried to file it. Because your adjustment application will then be considered to be pending before the agency, you may be eligible for interim benefits, including an employment authorization document, advance parole, and others.
What the lawsuit will not do is make a visa number immediately available to you if none is available. If the visa numbers have in fact been used for the current fiscal year, the court does not have the authority under the law to make a new number available to you. However, if the court orders that USCIS accept your adjustment application as of the date that you originally tried to file it, you will be at an earlier place in line when visa numbers become available again in the next fiscal year, October 1, 2007. Additionally, as mentioned, you may be eligible for interim benefits while you are waiting.
Q: What is likely to happen because of the suit?
A: Lawsuits are uncertain by nature. We cannot predict the exact outcome. However, other efforts to resolve these problems with USCIS have not succeeded. For this reason, we believe that a lawsuit is the only remaining possible way to resolve these problems.
Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
Q: How much time must plaintiffs spend on this lawsuit?
A: Plaintiffs will have to provide us with the information and documentation we need in order to prepare the lawsuit. AILF will do most of the work in the lawsuit on paper. Depending on how the case proceeds, the government and its attorneys may want to ask the plaintiffs some questions about their case, either through written questions and answers or in person. This is called “discovery.” One type of discovery is a “deposition,” which is an interview where parties are asked questions about their cases.
Depositions are possible but not common in this type of case. In the event that discovery and/or depositions were required, an AILF attorney or an attorney working with us would assist plaintiffs to comply with any discovery requests, and would appear with plaintiffs at any deposition at no charge (see below). At a later stage, a plaintiff may be required to be present at
3
a hearing or a trial and possibly be asked to testify about their particular case, but this is quite rare.
Q: Will it cost me anything to be a plaintiff in this lawsuit?
A: AILF and any co-counsel will not charge any attorney’s fees for representing individuals in this lawsuit. AILF and any co-counsel also will pay the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that an individual should be required to be present at a deposition, hearing or a trial, we may ask that he/she pay their own travel and lodging expenses, if any. Those expenses would be reimbursed if the lawsuit is successful and we recover costs.
Q: Will anyone know that I am a plaintiff in this lawsuit?
A: Lawsuits are public information, and are available as a public court document. Many courts now have lawsuits and other documents available electronically, accessible via the internet. Also, USCIS will, of course, know the identity of the plaintiffs. We also will discuss plaintiffs’ cases with any other lawyers working with us on the lawsuit. It also is possible that the media – newspapers, radio, or TV reporters – will see the court documents and decide to do a story on the lawsuit.
Q: What should I do if I am eligible and interested in being a plaintiff in the lawsuit?
A: Please quickly submit the Questionnaire for Potential Plaintiffs and send us the documents requested. If you do not have the Questionnaire, please send an email to visabulletin@ailf.org, and we will send it to you. You may also fax a request to AILF LAC at (202) 742-5619. Please indicate this is a question about the visa bulletin litigation.
If you have any questions that are not answered by this FAQ or the questionnaire, please send them to visabulletin@ailf.org or fax to (202) 742-65619, and we will respond. Thank you!
===============
wallpaper for Animals in PETA Ad
srkamath
07-13 02:30 PM
I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so far..so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.
We should compare the processing date at NSC / TSC with the erroneous receipt date they show in the online case status. Their computer systems are more likely to have recorded that date than the presumably hand-typed receipt date on our I-485 receipt notices......
My actual receipt date is July 2nd, but the online case status shows Aug23 rd, i'm not expecting anything to happen until TSC proc. date gets past Aug 23rd.
We should compare the processing date at NSC / TSC with the erroneous receipt date they show in the online case status. Their computer systems are more likely to have recorded that date than the presumably hand-typed receipt date on our I-485 receipt notices......
My actual receipt date is July 2nd, but the online case status shows Aug23 rd, i'm not expecting anything to happen until TSC proc. date gets past Aug 23rd.
DDD
03-14 12:06 AM
If ya'll do like a character model contest next time, I think I will be in. But we will need like a 4 week due date...lol. Good job all.
2011 Perez Hilton for PETA Promo Ad
nixstor
07-05 12:42 PM
Just my $0.02:
I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.
>> Are you saying that we as a IV community do not have any responsibility for the funds or any other important issue excluding pin point specific personal situation questions? <<
If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.
>> Can you please be more specific about what kind of perspectives, idead , opinions that can be helpful to others ? The so called helpful perspectives lack hte basic perspective that this is a community effort and lets do our part. How many called a senator's office or a congress man's office? How many sent email to media? Those who will pay will always pay. Thats why we might never win, because a segment of IV community is not stronger than the whole IV community <<
IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.
>> Forcing? Are you serious? Would we work for some one for free? We are helping ourselves, working for ourselves. There is absolutely no sense of "ourselves" in your wording. Forcing?? You realized that every one is worried about it but dont do a jack about it. Instead of encouraging people to contribute, you are using terms like forcing. I filed my 485 myself and I have gotten a lot of help from people on IV. I dont understand how losing a bunch of people will be the biggest loss on the face of earth. <<
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.
Jayant,
I totally understand what you are saying. We have to streamline our energy and you can see a lot of people are hot right now. Do not consider my response as an intention to flame you. I am concerned that we are not going in the right direction. The media drive threads and the funding threads go out of the home page in one sec. Why? 3 or 4 people has to keep on bumping those threads. When will that stop?
I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.
>> Are you saying that we as a IV community do not have any responsibility for the funds or any other important issue excluding pin point specific personal situation questions? <<
If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.
>> Can you please be more specific about what kind of perspectives, idead , opinions that can be helpful to others ? The so called helpful perspectives lack hte basic perspective that this is a community effort and lets do our part. How many called a senator's office or a congress man's office? How many sent email to media? Those who will pay will always pay. Thats why we might never win, because a segment of IV community is not stronger than the whole IV community <<
IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.
>> Forcing? Are you serious? Would we work for some one for free? We are helping ourselves, working for ourselves. There is absolutely no sense of "ourselves" in your wording. Forcing?? You realized that every one is worried about it but dont do a jack about it. Instead of encouraging people to contribute, you are using terms like forcing. I filed my 485 myself and I have gotten a lot of help from people on IV. I dont understand how losing a bunch of people will be the biggest loss on the face of earth. <<
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.
Jayant,
I totally understand what you are saying. We have to streamline our energy and you can see a lot of people are hot right now. Do not consider my response as an intention to flame you. I am concerned that we are not going in the right direction. The media drive threads and the funding threads go out of the home page in one sec. Why? 3 or 4 people has to keep on bumping those threads. When will that stop?
more...
go_gc_way
12-30 04:52 PM
/\/\/\/\/\/\/\\/\/\\/\/\/\\/\\\\\\/\\/\/\/\
![Lea Michele Debuts New PETA Ad christian serratos peta ad. Lea Michele Debuts New PETA Ad](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgWX-n6x0VSs-HzC9xb_jEWmM4nRYifk4pEX9yAj2nISE_TkbQcwUpYphx6EemKxkLoG_oDjb5XypQAJ8MFUyYgt31hsbuRJJkbu1uizFczerLHpr365PhhWGkz3_qY-33sMAaTN8mBrNPU/s1600/lea-michele-peta-01.jpg)
coopheal
03-12 12:19 PM
First of all I don't know who sachbole is ?
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.
That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.
It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.
If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.
Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.
IV does not want your money. Its not asking for Charity.
IV is working on getting relief for people stuck in EB green card mess. If you would like something done in this regards contribute money, time and efforts to IV.
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.
That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.
It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.
If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.
Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.
IV does not want your money. Its not asking for Charity.
IV is working on getting relief for people stuck in EB green card mess. If you would like something done in this regards contribute money, time and efforts to IV.
more...
![Actress Christian Serratos christian serratos peta ad. Actress Christian Serratos](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh3-qaHpgoZnaBBI3g2nr1hG43muwyfsHIHbJtdG3Q19wqep6E9dGVdU989UJCWiabKCWOOI9LVDqS04meOISkEED3UuRx2bVN4Hmgth4HGD0FeAh10MgEDCEoxuCjrbf71TNp3a2cDzR4t/s1600/chris_serratos.jpg)
Aah_GC
12-12 03:01 PM
Great point -- never thought of it this way before.
addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.
America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.
Once again, only grown ups are requested to reply. Thank you.
addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.
America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.
Once again, only grown ups are requested to reply. Thank you.
2010 Christian Serratos and Matthew
sandy_anand
11-11 09:24 AM
I'd like to point out that Obama is the President-elect. He doesn't become the president until Jan 20 when he takes the oath. Right now the situation is exactly like it was before the election.
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bigboy007
06-30 06:54 AM
Good question are u talking about G325A i dont know whether this is the right way but what i did is filled up another form with rest of details in table col as you might need to do this 4 times as they need four copies of same form , dont copy it though as bottom left no.s differ , may be others can suggest a better approach?
hair Peta#39;s naked hatred of fur
lvinaykumar
07-16 07:40 PM
Can we sue them for spreading false information
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saileshdude
09-14 03:27 PM
Hi Abd,
Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.
Thanks.
Here is detail. i changed job based on AC21 portability. Did not file papers.
Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.
A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.
Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.
Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
The application for adjustment has been pending for more thna 180 days and
the new permanent position is in same or similar occupational classification as original employment.
If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
:) Working with attorneys to get the papers ready....
Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.
Thanks.
Here is detail. i changed job based on AC21 portability. Did not file papers.
Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.
A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.
Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.
Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
The application for adjustment has been pending for more thna 180 days and
the new permanent position is in same or similar occupational classification as original employment.
If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
:) Working with attorneys to get the papers ready....
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Macaca
01-31 04:35 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
Please look at the following post in For NIW and OsR applicants (http://immigrationvoice.org/forum/showthread.php?t=3081).
I am EB2,with an approved I-140 in NIW category.My PD is 16 jan 2003.since last 8 months dates moved only 7 days.I am in a pathetic situation, my children are studying in NY colleges and I am paying out of state tuition for them, I am pursuing my phd, the stamp in my passport expired and I came to India to get extend the dates on my F1, but the visa extension was refused saying when you have approved immigrant petition you cannot extend the non-immigrant visa.
The conflict of interest issue,the consul said you wait till your dates are current then you enter even after being the beneficiaries of my EB2.
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
Please look at the following post in For NIW and OsR applicants (http://immigrationvoice.org/forum/showthread.php?t=3081).
I am EB2,with an approved I-140 in NIW category.My PD is 16 jan 2003.since last 8 months dates moved only 7 days.I am in a pathetic situation, my children are studying in NY colleges and I am paying out of state tuition for them, I am pursuing my phd, the stamp in my passport expired and I came to India to get extend the dates on my F1, but the visa extension was refused saying when you have approved immigrant petition you cannot extend the non-immigrant visa.
The conflict of interest issue,the consul said you wait till your dates are current then you enter even after being the beneficiaries of my EB2.
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ItalySeAaTapki
07-11 02:05 PM
It is same as July07 VB Fiasco. An Error.
Either they will retract or will allow all the people to file I 485 and will issue GC after taking own sweet time.
Unless those 3 bills pass, not much hope.
Either they will retract or will allow all the people to file I 485 and will issue GC after taking own sweet time.
Unless those 3 bills pass, not much hope.
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cygent
03-21 04:35 PM
Hello all,
How do you determine if the category filed is EB2 or EB3? How can you find that out from which document?
Thanks!
How do you determine if the category filed is EB2 or EB3? How can you find that out from which document?
Thanks!
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senthil1
06-12 03:10 PM
If no H1b restrictions then mostly lottery for new H1b for every year( I think 115k is not enough as Consulting companies will rush to get the quota on first day) unless unlimited H1b was given. Lottery is very bad for good companies. Best way is to put restrictions only for new H1bs and exclude from extensions and transfers.
If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.
My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.
If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.
My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.
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perm2gc
12-31 01:43 PM
Good Job Guys...We will me seeing more results if we can regularly post in the other forum/board.Lets make every friday a target day to post in as many forums/boards possible.
Thank You for all who has given their valuable time to IV.
Thank You for all who has given their valuable time to IV.
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virald
07-18 11:30 AM
I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
I guess it looks like we should wait at least a week before calling USCIS.
Make sure guys that between now and then, your attorney has not received the application (meaning it is still with USCIS).
I guess it looks like we should wait at least a week before calling USCIS.
Make sure guys that between now and then, your attorney has not received the application (meaning it is still with USCIS).
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pbuckeye
02-09 10:46 AM
i guess he is talking about your case a)...
although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....
and he does post some useful data (remember the recent backlog data he posted before they officially released it).
anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)
although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....
and he does post some useful data (remember the recent backlog data he posted before they officially released it).
anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)
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alisa
01-27 08:16 PM
My simplistic model breaks down with this data.
With these numbers, the ROW backlog for 2002 should have cleared by now, but it hasn't. The Indian backlog should clear in a few years.
I guess, there is a reason why people don't model these things. The results are no better than pulling things outta thin air if there isn't sufficient data.......
Maybe USCIS needs computers more than we need visa numbers......
If there are any estimates on the number of applicants in the different years, we could try some math on it.....I had assumed 160K applicants for ROW in 2002, and from the numbers that andy provided, that backlog should have cleared in 2004.
Unless we are missing something really really big, things should start moving forward in a year or two. (Especially after USCIS learns about the amazing new invention called a 'computer')
As my lawyer says, in two to ten years, the PDs will be current.....
alisa
i hope that country caps are removed
i also hope it's not at your expense :-)
i don't see why people think these things are mutually exclusive
we all want the best to happen- for ourselves- and as much as we can help it
for everyone else too!!
great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
i do suggest that the final summary should show 3 examples
China EB2 and EB3
India EB2 and EB3
ROW EB3
this way everyone affected sees something about themselves
With these numbers, the ROW backlog for 2002 should have cleared by now, but it hasn't. The Indian backlog should clear in a few years.
I guess, there is a reason why people don't model these things. The results are no better than pulling things outta thin air if there isn't sufficient data.......
Maybe USCIS needs computers more than we need visa numbers......
If there are any estimates on the number of applicants in the different years, we could try some math on it.....I had assumed 160K applicants for ROW in 2002, and from the numbers that andy provided, that backlog should have cleared in 2004.
Unless we are missing something really really big, things should start moving forward in a year or two. (Especially after USCIS learns about the amazing new invention called a 'computer')
As my lawyer says, in two to ten years, the PDs will be current.....
alisa
i hope that country caps are removed
i also hope it's not at your expense :-)
i don't see why people think these things are mutually exclusive
we all want the best to happen- for ourselves- and as much as we can help it
for everyone else too!!
great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
i do suggest that the final summary should show 3 examples
China EB2 and EB3
India EB2 and EB3
ROW EB3
this way everyone affected sees something about themselves
nomad
07-17 12:58 AM
IVers,
I have created a blog entry here http://utubecitizen.blogspot.com/ regarding numbersusa.com
I have gone through all the posts in this thread, and have taken some of the members comments/points. Am planning to reveal true colors of Lou Dobb, and Tancredo etc in the following days. Please check it out. Please dont consider it as an advt.
thanks
I have created a blog entry here http://utubecitizen.blogspot.com/ regarding numbersusa.com
I have gone through all the posts in this thread, and have taken some of the members comments/points. Am planning to reveal true colors of Lou Dobb, and Tancredo etc in the following days. Please check it out. Please dont consider it as an advt.
thanks
.soulty
03-11 07:23 PM
we all done here?
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