lazycis
12-07 08:28 AM
Agree with Gary. And update us on the results.
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amitjoey
05-22 03:38 PM
Just signed up to contribute $20 per month. Will bump up the amount soon!!
Thanks srgadi. Need more people to come forward.
Thanks srgadi. Need more people to come forward.
dvijay
03-22 09:24 AM
Yes, I got a CD from USCIS with all my I-140. I requested for copy of I-140 approval notice corresponding to I-140 tracking number SRC.XXXXXXXXXXX. This is the same number I got from my employer for online tracking on USCIS website. It took over 4 months. I submitted this as soon as got approval on my I-140. If you dont have the tracking number, you may try to get your A# from employer or attorney. You can use the same reason that you are changing address or that you need it for visa stamping. I believe they ask for A# in visa interview form.
I have heard that few people got the tracking number using Infopass. Not sure how. I would suggest, that do not delay. Submit the FOIA form with whatever info you have. They might be able to pull your records based on the SSN# or I-94# etc. No harm in trying. I didnt had A#, so I left it blank.
Hi,
Can you tell me how long it it took for you to get the CD from the time the status changed to "your request has been processed"? Mine got processed on 02/07/2011 but I still havent received the CD. Today is 03/22/2011.
Thanks
I have heard that few people got the tracking number using Infopass. Not sure how. I would suggest, that do not delay. Submit the FOIA form with whatever info you have. They might be able to pull your records based on the SSN# or I-94# etc. No harm in trying. I didnt had A#, so I left it blank.
Hi,
Can you tell me how long it it took for you to get the CD from the time the status changed to "your request has been processed"? Mine got processed on 02/07/2011 but I still havent received the CD. Today is 03/22/2011.
Thanks
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chanduv23
10-02 03:20 PM
^^^^^^^^^^^
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nozerd
08-01 01:59 PM
I would say even Canadian system of education is different from US. However difference in Canada is 10% v/s difference with India is 80%.
Remember Canada is Commonwealth country and ex British Colony and their education system is amalagmation of British and US systems. So even in Canaz they will prounces Z as Zed and not as Zee as in US. They will also write cheque and not check.
Canada educational system standards are high. In Canada public school is free like US but it goes beyond US in that even school supplies are free. You pay nothing for pen, book, paper or anything used in the classroom.
Also in Canad there are public Catholic schools where school is run by Catholics but with government aid so you pay nothing. Something like private school with no fees. or your Indian convent schools which many of us may have been to.
Remember Canada is Commonwealth country and ex British Colony and their education system is amalagmation of British and US systems. So even in Canaz they will prounces Z as Zed and not as Zee as in US. They will also write cheque and not check.
Canada educational system standards are high. In Canada public school is free like US but it goes beyond US in that even school supplies are free. You pay nothing for pen, book, paper or anything used in the classroom.
Also in Canad there are public Catholic schools where school is run by Catholics but with government aid so you pay nothing. Something like private school with no fees. or your Indian convent schools which many of us may have been to.
StarSun
05-27 04:43 PM
Few members have spoken to me about participating in the advocacy days, however, you may have not signed the registration form. Please do so. This will allow us to tie you in with your representative when we confirm our appointments. The form is available on the first post in this thread.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html
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smmakani
04-11 07:00 PM
I really appreciate the core team and other active members for their work and dedication.
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nixstor
09-15 03:16 PM
Buddy Reddy,
While I am happy for you and your success along with your spouse, I personally consider it as being at the right time in right places making decisions that were in your reach. I do agree that you did lot of planning. Most of the people here run on one income and spouses on H4/F1. So they dont have the edge you had/have. I might sound harsh in saying this but the matter of fact is that the 2 incomes lead to savings which lead to buying a home(s). 1 income, you wouldnt have done all these by yourself. I know several people with 2 incomes and most of them have done this :) Those who havent were the kind of folks who are happy having their 100K in bank rather raking up 200K in equity. I am sure there are a lot of things you can do with a US Citizenship.
IMHO, you are succesful in your own way depending on the situation you were in and how conducive the circumstances were. I feel that this forum is totally going in a direction where people are seeking some sort of solace in discussing stuff that doesnt directly relate here. Now that all of us had discussed about what we can do with a GC can we streamline our effort to what we can do to get a GC.
While I am happy for you and your success along with your spouse, I personally consider it as being at the right time in right places making decisions that were in your reach. I do agree that you did lot of planning. Most of the people here run on one income and spouses on H4/F1. So they dont have the edge you had/have. I might sound harsh in saying this but the matter of fact is that the 2 incomes lead to savings which lead to buying a home(s). 1 income, you wouldnt have done all these by yourself. I know several people with 2 incomes and most of them have done this :) Those who havent were the kind of folks who are happy having their 100K in bank rather raking up 200K in equity. I am sure there are a lot of things you can do with a US Citizenship.
IMHO, you are succesful in your own way depending on the situation you were in and how conducive the circumstances were. I feel that this forum is totally going in a direction where people are seeking some sort of solace in discussing stuff that doesnt directly relate here. Now that all of us had discussed about what we can do with a GC can we streamline our effort to what we can do to get a GC.
more...
rockstart
07-31 01:02 PM
Does any one know how many visa# have been used for 2009 quota?.
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aviko21
06-21 09:16 PM
there is no employment allowed on H4. Please check with your lawyer as you might have problems with canada stamping
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jsb
03-19 02:15 PM
Simple math can easily prove most EB3s will NOT get the GCs even in 20 years......
Maintaining long lines is a way to discourage more people from trying or aspiring. Do you think government should be trying at these economic times to do something, not to have long lines, so that more people can try to come in?
Maintaining long lines is a way to discourage more people from trying or aspiring. Do you think government should be trying at these economic times to do something, not to have long lines, so that more people can try to come in?
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s7911
06-24 03:56 PM
hi desi3933
my wife was out of status from mar 2006, her visa got approved on mar 2006. till mar 2006 she was on a valid f2 visa since i was then on a f1visa...i will try to catch hold of the employer...but i 'm not sure this will work out well..i want to know more about fresh visa stamping at chennai, india. i will give all my docs and i have been on valid status, while filing form ds 156 in the visa type column, i will have to mention her visa types, however they are not asking details or duration of the visa types...., i do not want to lie abt it. i want to know if they would ask her paystubs to prove her status here..this is my question,anybody has any Experience regarding the stamping please share...anybody who knows a nice immigration lawyer, please let me know, you can email me at s_7911@yahoo.com
thanx
my wife was out of status from mar 2006, her visa got approved on mar 2006. till mar 2006 she was on a valid f2 visa since i was then on a f1visa...i will try to catch hold of the employer...but i 'm not sure this will work out well..i want to know more about fresh visa stamping at chennai, india. i will give all my docs and i have been on valid status, while filing form ds 156 in the visa type column, i will have to mention her visa types, however they are not asking details or duration of the visa types...., i do not want to lie abt it. i want to know if they would ask her paystubs to prove her status here..this is my question,anybody has any Experience regarding the stamping please share...anybody who knows a nice immigration lawyer, please let me know, you can email me at s_7911@yahoo.com
thanx
more...
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saketkapur
09-22 03:17 PM
Unlimited calling on the Now network is my way to go......... :D
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H1b Guy
11-15 02:12 PM
Thanks Everybody..........for your suggestion and advice......you guys are great...
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dixie
11-10 02:49 PM
Also all said and done CIR still remains a controversial bill, that at the very least has to be debated at length in the house to send out the right signals. If it gets passed in the lame duck, the conservatives will go to town with their story that an amnesty has been shoved down the throats of the american middle class. I doubt either the president or the democrats want that at this stage.
because he has to regain his popularity with the American people, and immigration is not a top priority for the American people, as all the election polls showed, and as the infamous Ombudsman on this site "reported" so often
because he has to regain his popularity with the American people, and immigration is not a top priority for the American people, as all the election polls showed, and as the infamous Ombudsman on this site "reported" so often
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srkamath
09-06 06:16 PM
Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
THE CBP OFFICER WAS INCOMPETENT AND CONFUSED
Read the following - http://www.jamaicans.com/articles/immigration/im_0408.shtml
" Many do not know that within the US Immigration system exists certain discretionary grants of entry to the United States. The Humanitarian Parole is one such form of entry and the Public Interest Parole is another. Both are available pursuant to section 212(d)(3) or 212(d)(5) of the Immigration and Nationality Act. Both require that certain conditions be met and that the need for immediate entry be thoroughly explained and documented......"
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
THE CBP OFFICER WAS INCOMPETENT AND CONFUSED
Read the following - http://www.jamaicans.com/articles/immigration/im_0408.shtml
" Many do not know that within the US Immigration system exists certain discretionary grants of entry to the United States. The Humanitarian Parole is one such form of entry and the Public Interest Parole is another. Both are available pursuant to section 212(d)(3) or 212(d)(5) of the Immigration and Nationality Act. Both require that certain conditions be met and that the need for immediate entry be thoroughly explained and documented......"
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inskrish
05-21 04:27 PM
I have copied below the May 15th processing dates. Sorry, it is too cluttered.
Service Center Processing Dates for Texas Service Center Posted May 15, 2008
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement January 16, 2008
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 February 15, 2008
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad December 26, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. December 26, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. December 26, 2007
I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers April 15, 2008
I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers April 15, 2008
I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees December 26, 2007
I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors December 26, 2007
I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers March 16, 2008
I-129 Petition for A Nonimmigrant Worker Blanket L December 26, 2007
I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability December 26, 2007
I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers December 26, 2007
I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process December 26, 2007
I-129 Petition for A Nonimmigrant Worker R - Religious occupation December 26, 2007
I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional December 26, 2007
I-131 Application for Travel Document All other applicants for advance parole February 15, 2008
I-140 Immigrant Petition for Alien Worker Extraordinary ability August 26, 2007
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher August 26, 2007
I-140 Immigrant Petition for Alien Worker Multinational executive or manager August 26, 2007
I-140 Immigrant Petition for Alien Worker Schedule A Nurses August 26, 2007
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability August 26, 2007
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver August 26, 2007
I-140 Immigrant Petition for Alien Worker Skilled worker or professional August 26, 2007
I-140 Immigrant Petition for Alien Worker Unskilled worker August 26, 2007
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants December 07, 2006
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications June 21, 2007
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago June 28, 2007
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States October 16, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications June 13, 2007
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution March 06, 2007
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee April 06, 2007
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents July 03, 2007
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] February 15, 2008
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] March 10, 2008
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] February 15, 2008
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] February 15, 2008
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] February 15, 2008
I-765 Application for Employment Authorization All other applications for employment authorization February 15, 2008
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program November 07, 2007
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition November 17, 2007
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) July 05, 2007
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 May 31, 2007
Service Center Processing Dates for Texas Service Center Posted May 15, 2008
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement January 16, 2008
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 February 15, 2008
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad December 26, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. December 26, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. December 26, 2007
I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers April 15, 2008
I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers April 15, 2008
I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees December 26, 2007
I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors December 26, 2007
I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers March 16, 2008
I-129 Petition for A Nonimmigrant Worker Blanket L December 26, 2007
I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability December 26, 2007
I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers December 26, 2007
I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process December 26, 2007
I-129 Petition for A Nonimmigrant Worker R - Religious occupation December 26, 2007
I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional December 26, 2007
I-131 Application for Travel Document All other applicants for advance parole February 15, 2008
I-140 Immigrant Petition for Alien Worker Extraordinary ability August 26, 2007
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher August 26, 2007
I-140 Immigrant Petition for Alien Worker Multinational executive or manager August 26, 2007
I-140 Immigrant Petition for Alien Worker Schedule A Nurses August 26, 2007
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability August 26, 2007
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver August 26, 2007
I-140 Immigrant Petition for Alien Worker Skilled worker or professional August 26, 2007
I-140 Immigrant Petition for Alien Worker Unskilled worker August 26, 2007
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants December 07, 2006
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications June 21, 2007
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago June 28, 2007
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States October 16, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors June 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications June 13, 2007
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution March 06, 2007
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee April 06, 2007
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents July 03, 2007
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] February 15, 2008
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] March 10, 2008
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] February 15, 2008
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] February 15, 2008
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] February 15, 2008
I-765 Application for Employment Authorization All other applications for employment authorization February 15, 2008
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program November 07, 2007
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition November 17, 2007
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) July 05, 2007
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 May 31, 2007
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reddymjm
01-23 09:26 AM
Ron has not made prediction specifically about India. Somebody asked Ron about filing I-485 with May 2004 PD without mentioning that (s)he was from India. So Ron probably assumed RoW. The OP later clarified that (s)he is from India and Ron hasn't replied to that. So let's wait for Ron to reply before getting excited about it.
If Ron meant EB3-I, he's probably expecting a July 2007 kind of bump, which allows a lot of people to file but results in very few approvals. This can be inferred from his statement that, "your priority date will become current, briefly, in a few months".
We EB3-I's are looking for any sign, just any sign of hope. But let's be cautious in disseminating such information further.
EB3 - ROW is already 01MAY05. He would not be saying 2004 for sure on EB3 ROW.
If Ron meant EB3-I, he's probably expecting a July 2007 kind of bump, which allows a lot of people to file but results in very few approvals. This can be inferred from his statement that, "your priority date will become current, briefly, in a few months".
We EB3-I's are looking for any sign, just any sign of hope. But let's be cautious in disseminating such information further.
EB3 - ROW is already 01MAY05. He would not be saying 2004 for sure on EB3 ROW.
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vaishnavilakshmi
07-20 12:03 PM
Hi all,
Though my application reached on 30th June2007(non-working day),our lawyer told us that it will considered as 2nd july reciept.
vaishu
Though my application reached on 30th June2007(non-working day),our lawyer told us that it will considered as 2nd july reciept.
vaishu
makemygc
07-06 10:20 AM
Hey guys,
I have a question to all of you...
AILA prepares the lawsuit and some (probably most) of the lawyers are supporting that.
For several days I keep hearing that WHEN you file (in July) is not important and I am wondering how that could be true...
I understand that the people who filed on July 2nd are beneficiaries of this but in my mind, everybody who files after falls under a different category because technically they would file after the revised bulletin was announced therefore have no argument. I understand that everybody else prepared (legal fees, medical exam and so on) and they are affected even if they didn't file but I am wondering how that can be justification enough after the dates (retrogression) were announced.
I am trying to understand why they say that it does not matter when you file. They need more people to back this up or is just so they can justify billing you for their work...
Is just scary, how many people play with our hopes and I need to understand if this is just to serve somebody's interests or it is what it is .
Please post your 2 cents ...
Thanks !
AILA has expanded the definition of the plaintiff to cover all the july filings but it does not mean that you will be beneficiary if you have just filed in July. You either have to be a plaintiff or member of the class action (if judge allows). That also does not guarantee that you will get the benefit if lawsuit is won. As per AILF, only limited number of visa will be made available upon winning the lawsuit and that will cover only people who filed early in July. All depends upon number of visa made available, number of applications filed and out of those how many are part of class action lawsuit.
See this excerpts from immigration-law:-
The AILF is currently developing a lawsuit against the USCIS and the DOS. As reported earlier, apparently the AILF has been successful in finding the potential plaintiffs for the lawsuit. The plaintiffs will automatically become members of the class in the class action who will get the relief if they win in the lawsuit. The details of the relief this lawsuit is pursuing are articulated in the AILF's Visa Bulletin Lawsuit FAQ. For the summary, please click here.
The lawsuit team lawyers are still developing the strategies and details of the members of the class this lawsuit will cover who are not members of the plaintiffs. As they move along, the details can be changed, but according to the FAQ, membership of the class would require filing of EB I-485 applications in July 2007. Accordingly, those who fail to file EB I-485 applications are likely not included in the membership and will not be able to receive the fruits of the litigation, once the class wins in the litigation. Relevant to the issue of when the EB I-485 should be filed to receive the benefit as a class member is the number of July visa numbers which will be made available to the members of the winning class of the lawsuit. Obviously, the visa numbers will be limited in numbers. The members of the class will have to compete each other for the numbers. According to the FAQ, the number will be taken under the principle First In First Out bases. Accordingly, the earlier his/her EB I-485 is filed, the better the chance of getting the number before they are exhausted. It appears that those who fail to get the numbers are likely to be left out of any benefits of the litigation.
It thus appears that some people may want to file the EB I-485 applications with the full knowledge that the applications will be rejected and returned by the USCIS, just to become a member of the class of this lawsuit. Consdering the fact that some visa numbers may become available in October 2007 for certain people, they may be less desperate and eager in seeking membership of the class of the lawsuite. While, the nationals of ovesubscribed countries such as India, China, Mexico, and Philippines will need the fruits of this litigation much more desperately than the people from other countries. Additionally, EB-3 people may have such need more than EB-1 or EB-2 since when new visa numbers become available in October, the EB-3 numbers are likely more oversubscribed than EB-1 and EB-2. Lastly, the lower the priority date is, the more they will need the fruit of the litigation as the higher priority date applicants will have a better chance to get their priority date becoming current in October or soon thereafter. These variants should give a guide to the people to determine whether or not they should file EB I-485 applications to become a member of the class.
However, these factors alone should not be considered absolute determinants in deciding whether they should file the EB I-485 applications in July. The FAQ indicates that the downside of becoming a member of the class by filing EB I-485 applications in July is potential extensive and in-depth scrutiny of the cases by the USCIS to weed out the applicants on the ground of ineligibility of I-485 applications. Accordingly, people with some potential issues of whatever nature may be considered poor candidates for the membership of the class. The straight forward case should be considerred a better candidate for filing EB I-485 applications in July, while those with some potential wrinkes in the case may stay away from filing the application in July.
For the foregoing reasons, people should seek assessment of one's case by legal counsel for appropriateness of filing EB I-485 now and becoming a potential member of the class of the lawsuit. It is absolutely no and no to jump into filing the applications without the appropriate legal counsel.
I have a question to all of you...
AILA prepares the lawsuit and some (probably most) of the lawyers are supporting that.
For several days I keep hearing that WHEN you file (in July) is not important and I am wondering how that could be true...
I understand that the people who filed on July 2nd are beneficiaries of this but in my mind, everybody who files after falls under a different category because technically they would file after the revised bulletin was announced therefore have no argument. I understand that everybody else prepared (legal fees, medical exam and so on) and they are affected even if they didn't file but I am wondering how that can be justification enough after the dates (retrogression) were announced.
I am trying to understand why they say that it does not matter when you file. They need more people to back this up or is just so they can justify billing you for their work...
Is just scary, how many people play with our hopes and I need to understand if this is just to serve somebody's interests or it is what it is .
Please post your 2 cents ...
Thanks !
AILA has expanded the definition of the plaintiff to cover all the july filings but it does not mean that you will be beneficiary if you have just filed in July. You either have to be a plaintiff or member of the class action (if judge allows). That also does not guarantee that you will get the benefit if lawsuit is won. As per AILF, only limited number of visa will be made available upon winning the lawsuit and that will cover only people who filed early in July. All depends upon number of visa made available, number of applications filed and out of those how many are part of class action lawsuit.
See this excerpts from immigration-law:-
The AILF is currently developing a lawsuit against the USCIS and the DOS. As reported earlier, apparently the AILF has been successful in finding the potential plaintiffs for the lawsuit. The plaintiffs will automatically become members of the class in the class action who will get the relief if they win in the lawsuit. The details of the relief this lawsuit is pursuing are articulated in the AILF's Visa Bulletin Lawsuit FAQ. For the summary, please click here.
The lawsuit team lawyers are still developing the strategies and details of the members of the class this lawsuit will cover who are not members of the plaintiffs. As they move along, the details can be changed, but according to the FAQ, membership of the class would require filing of EB I-485 applications in July 2007. Accordingly, those who fail to file EB I-485 applications are likely not included in the membership and will not be able to receive the fruits of the litigation, once the class wins in the litigation. Relevant to the issue of when the EB I-485 should be filed to receive the benefit as a class member is the number of July visa numbers which will be made available to the members of the winning class of the lawsuit. Obviously, the visa numbers will be limited in numbers. The members of the class will have to compete each other for the numbers. According to the FAQ, the number will be taken under the principle First In First Out bases. Accordingly, the earlier his/her EB I-485 is filed, the better the chance of getting the number before they are exhausted. It appears that those who fail to get the numbers are likely to be left out of any benefits of the litigation.
It thus appears that some people may want to file the EB I-485 applications with the full knowledge that the applications will be rejected and returned by the USCIS, just to become a member of the class of this lawsuit. Consdering the fact that some visa numbers may become available in October 2007 for certain people, they may be less desperate and eager in seeking membership of the class of the lawsuite. While, the nationals of ovesubscribed countries such as India, China, Mexico, and Philippines will need the fruits of this litigation much more desperately than the people from other countries. Additionally, EB-3 people may have such need more than EB-1 or EB-2 since when new visa numbers become available in October, the EB-3 numbers are likely more oversubscribed than EB-1 and EB-2. Lastly, the lower the priority date is, the more they will need the fruit of the litigation as the higher priority date applicants will have a better chance to get their priority date becoming current in October or soon thereafter. These variants should give a guide to the people to determine whether or not they should file EB I-485 applications to become a member of the class.
However, these factors alone should not be considered absolute determinants in deciding whether they should file the EB I-485 applications in July. The FAQ indicates that the downside of becoming a member of the class by filing EB I-485 applications in July is potential extensive and in-depth scrutiny of the cases by the USCIS to weed out the applicants on the ground of ineligibility of I-485 applications. Accordingly, people with some potential issues of whatever nature may be considered poor candidates for the membership of the class. The straight forward case should be considerred a better candidate for filing EB I-485 applications in July, while those with some potential wrinkes in the case may stay away from filing the application in July.
For the foregoing reasons, people should seek assessment of one's case by legal counsel for appropriateness of filing EB I-485 now and becoming a potential member of the class of the lawsuit. It is absolutely no and no to jump into filing the applications without the appropriate legal counsel.
shana04
02-23 09:39 AM
Hi All,
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Facts:
Labor: July 2005
485 File Date: Aug 2005
I 140 Approve Date: <Mon> 2007
On Bench: Jan 2008 to Jun 20th 2008
Working with new employer since: June <last week> 2008
RFE: Dec 2009 (for EVL) filed AC21
second RFE on last 5 yr employement, W2 and Tax returns
Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney
Questions:
1. When did you start using EAD
2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.
If you filed taxes appropriate to 2008 then you are just fine
talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.
Please provide all the facts before some one can help
good luck and keep posted with updates
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Facts:
Labor: July 2005
485 File Date: Aug 2005
I 140 Approve Date: <Mon> 2007
On Bench: Jan 2008 to Jun 20th 2008
Working with new employer since: June <last week> 2008
RFE: Dec 2009 (for EVL) filed AC21
second RFE on last 5 yr employement, W2 and Tax returns
Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney
Questions:
1. When did you start using EAD
2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.
If you filed taxes appropriate to 2008 then you are just fine
talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.
Please provide all the facts before some one can help
good luck and keep posted with updates
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