signifer123
02-13 11:50 AM
Dang it!!!!
Well maybe i'll make a new one, grinch your no fun, but on the bright side i get to make two entries.
Well maybe i'll make a new one, grinch your no fun, but on the bright side i get to make two entries.
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bfadlia
05-27 05:57 PM
I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.
And color photos of expiring EAD when renewing that too
still so dumb, people own color scanners and color printers at home and can do whatever they want there, y u need restrictions in stores
And color photos of expiring EAD when renewing that too
still so dumb, people own color scanners and color printers at home and can do whatever they want there, y u need restrictions in stores
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minimalist
04-03 09:59 PM
tens of people who come out and attack them on why they need money all the time. But they still go ahead and do it. The reason being for every 10 who ridicule the idea, there are 20 who support it.
I really admire the perseverance the core shows in moving forward.
If everything seems to be tied to donations, this is because everything needs money. You know ,keeping up this website needs money. Lobbying needs a lot of money. The other day, some one pulled the info from a public website and said 500,000$ have been already spent on lobbying. I am sure more than 90% is probably contributed y less than 5% of the members. I am not one of those 5% even remotely.
Ignore teli and Sanju. You donot need their express approval to move forward. You know why they pick on you ? Because tyou just come and expect to be welcomed as heroes for any idea you have. You need to earn those stripes, then people will follow you.
Tak one Idea. Do something with it. YOu may not get a positive result in the end , but your effort will be appreciated and people will be more receptive to your next idea.
o.k. ..I will first tell the issues which are preventing me from doing what you say.
whenever we/I come with ideas - some members come up with posts to attack and kill the idea. ( teli and sanju ..).
everything seems to be tied to donations ..but do people even think before parting with their money ?(it is their money and there is a saying for such attitude). some say donate for lobbying ... how much does that cost ? how much is needed ? no info is provided.
say we are raising 10K every month and say lobbying requires 500 K ...5 - 8 years will go just to reach that amount (by that time, some will say lobbying needs more money ) !!!
I really admire the perseverance the core shows in moving forward.
If everything seems to be tied to donations, this is because everything needs money. You know ,keeping up this website needs money. Lobbying needs a lot of money. The other day, some one pulled the info from a public website and said 500,000$ have been already spent on lobbying. I am sure more than 90% is probably contributed y less than 5% of the members. I am not one of those 5% even remotely.
Ignore teli and Sanju. You donot need their express approval to move forward. You know why they pick on you ? Because tyou just come and expect to be welcomed as heroes for any idea you have. You need to earn those stripes, then people will follow you.
Tak one Idea. Do something with it. YOu may not get a positive result in the end , but your effort will be appreciated and people will be more receptive to your next idea.
o.k. ..I will first tell the issues which are preventing me from doing what you say.
whenever we/I come with ideas - some members come up with posts to attack and kill the idea. ( teli and sanju ..).
everything seems to be tied to donations ..but do people even think before parting with their money ?(it is their money and there is a saying for such attitude). some say donate for lobbying ... how much does that cost ? how much is needed ? no info is provided.
say we are raising 10K every month and say lobbying requires 500 K ...5 - 8 years will go just to reach that amount (by that time, some will say lobbying needs more money ) !!!
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meridiani.planum
03-14 12:26 PM
It would be great if USCIS clarifies on interim EAD and what the applicant can do if a EAD application remain in pending status.
there are no Interm EADs (stopped almost 2 years ago) and if the EAD is pending, then you need to stop working once your old EAD expires.
there are no Interm EADs (stopped almost 2 years ago) and if the EAD is pending, then you need to stop working once your old EAD expires.
more...
Dhundhun
07-12 08:06 PM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash
I think so.
Unless USCIS took all the pains to compile all EB2 qualified doculements and then to find out on what day China and India EB2 numbers become equal.
It is hard to comprehend.
I think so.
Unless USCIS took all the pains to compile all EB2 qualified doculements and then to find out on what day China and India EB2 numbers become equal.
It is hard to comprehend.
nixstor
03-18 05:40 PM
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
more...
stldude
07-11 02:23 PM
PD is May 2003, I-140 allready approved
485 sent on July 02 ( missed the boat by a day).
485 sent on July 02 ( missed the boat by a day).
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crazyghoda
01-30 01:14 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
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NKR
09-18 09:49 AM
It is not end of the world. But end of the economy as we know it. People smarter than me and you have said this is turning into an armageddon.
Economy is falling, people are losing jobs, fuel prices are rising, depressing is coming, housing market is going down. Look at the brighter side, if you invest in constructing industry building apartments you can make money now.
Jokes apart, what were the people smarter than me and you doing to prevent all this from happening?. Weren;t they smart enough then?.
Economy is falling, people are losing jobs, fuel prices are rising, depressing is coming, housing market is going down. Look at the brighter side, if you invest in constructing industry building apartments you can make money now.
Jokes apart, what were the people smarter than me and you doing to prevent all this from happening?. Weren;t they smart enough then?.
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mbartosik
02-14 02:20 AM
I've not noticed any fighting here. Maybe I've been too busy on IV stuff. There are Indians that I count among my closest friends.
I've pushed for removal of country quotas like many else, even though it would risk pushing me further back in the line. I've pushed for recapture too.
However if IV was only about removal of country quotas and not other issues, then it is fair to say that I wouldn't be here.
I've pushed for removal of country quotas like many else, even though it would risk pushing me further back in the line. I've pushed for recapture too.
However if IV was only about removal of country quotas and not other issues, then it is fair to say that I wouldn't be here.
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nomi
12-12 04:37 PM
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD
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ksvreg
06-30 10:56 PM
Can I handover my I-485 application personally on Monday at Nebraska?
I am planning to take a flight to Lincoln. Not kidding. Anyway we are spending money on many things. Lets treat this as premium mailing. :)
I am planning to take a flight to Lincoln. Not kidding. Anyway we are spending money on many things. Lets treat this as premium mailing. :)
more...
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greenlight
08-17 04:15 PM
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
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coldcloud
06-10 09:14 PM
what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.
Is this forum for letting every body know off what is coming and wake us to act are show off that I have an EAD and I escape from this situation and you are the ones caught in this? Are you not ashamed of your self? Did you read Pappu's initial posting fully?
Is this forum for letting every body know off what is coming and wake us to act are show off that I have an EAD and I escape from this situation and you are the ones caught in this? Are you not ashamed of your self? Did you read Pappu's initial posting fully?
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go_gc_way
12-30 11:25 PM
justAnotherFile , thank you for taking time to post it. Good title for the classified. "Help yourself to solve your Green Card problems..."
Anurakt, thank you for visiting this thread and posting in wikipedia !
Dear IV members, we need to do more. Thanks so far for visiting this thread and doing your best. I feel that posting classifieds/emails/discussion threads in other web sites (regional or other websites) have good chance of bringing in more members to our web site.
For example , the classified in indiagrid is accessed 35 times so far ! Wikipedia and other web site postings will have similar access.
Looking forward to contribution from other members to this thread.
I have listed different web sites posted by city so far, they are less, can members from cities not posted yet help find the web sites and better post in thsoe sites? The title justanotherfile posted is most appropriate .. "Help yourself to solve your Green Card problems".
1)New York .
2)Los Angeles
3)Chicago .....................www.chicagosamachar.com
4)Houston
5)Philadelphia
6)Phoenix
7)San Antonio
8)San Diego ................. www.sasural.com/san_diego
9)Dallas
10)San Jose
11)Detroit
12)Indianapolis
13)Jacksonville
14)San Fransisco
15)Columbus
16)Austin
17)Memphis
18)Baltimore
19)Fort Worth
20)Charlotte
21)El Paso
22)Milwaukee
23)Seattle
24)Boston ...................... www.aapkamanoranjan.com
25)Denver
26)Luisville
27)Washington
28)Nashville
29)Las Vegas
30)Portland .....................www.eknazar.com
31)Oklahoma City
32)Tuscon
33) Atlanta ...................www.desigate.com,
34) Kanasas City ..............www.kcdesi.com
Anurakt, thank you for visiting this thread and posting in wikipedia !
Dear IV members, we need to do more. Thanks so far for visiting this thread and doing your best. I feel that posting classifieds/emails/discussion threads in other web sites (regional or other websites) have good chance of bringing in more members to our web site.
For example , the classified in indiagrid is accessed 35 times so far ! Wikipedia and other web site postings will have similar access.
Looking forward to contribution from other members to this thread.
I have listed different web sites posted by city so far, they are less, can members from cities not posted yet help find the web sites and better post in thsoe sites? The title justanotherfile posted is most appropriate .. "Help yourself to solve your Green Card problems".
1)New York .
2)Los Angeles
3)Chicago .....................www.chicagosamachar.com
4)Houston
5)Philadelphia
6)Phoenix
7)San Antonio
8)San Diego ................. www.sasural.com/san_diego
9)Dallas
10)San Jose
11)Detroit
12)Indianapolis
13)Jacksonville
14)San Fransisco
15)Columbus
16)Austin
17)Memphis
18)Baltimore
19)Fort Worth
20)Charlotte
21)El Paso
22)Milwaukee
23)Seattle
24)Boston ...................... www.aapkamanoranjan.com
25)Denver
26)Luisville
27)Washington
28)Nashville
29)Las Vegas
30)Portland .....................www.eknazar.com
31)Oklahoma City
32)Tuscon
33) Atlanta ...................www.desigate.com,
34) Kanasas City ..............www.kcdesi.com
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psaxena
05-26 07:10 PM
I lost you there. Being silent and possibly getting arrested is protesting in a legal manner ? Why would you do that ? There are numerous other means of doing it.
Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.
Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.
I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.
I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.
Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.
I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.
I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
more...
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DDD
02-18 12:14 AM
every package except LW has a free trial.
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virald
07-18 09:38 AM
Do you know if these applications were send back right away or they are still holding it?
Where did you get this information, can you please post the source?
From Greg Siskind's blog
His Comments --
I think all of the July 2nd to July 17th filers will be okay and should get the benefit of the earlier filing, but USCIS simply has not spelled out how they'll handle and also how people incorrectly rejected at the very beginning will be able to reclaim their place in line. That's the mystery at this point.
AND
I was actually the one to report that cases were being held at the service centers and this was because of a first hand account from someone actually at the service center. But I was told that some applications were, in fact, rejected before word came down from HQ that cases were to be held until further instructions were issued.
Where did you get this information, can you please post the source?
From Greg Siskind's blog
His Comments --
I think all of the July 2nd to July 17th filers will be okay and should get the benefit of the earlier filing, but USCIS simply has not spelled out how they'll handle and also how people incorrectly rejected at the very beginning will be able to reclaim their place in line. That's the mystery at this point.
AND
I was actually the one to report that cases were being held at the service centers and this was because of a first hand account from someone actually at the service center. But I was told that some applications were, in fact, rejected before word came down from HQ that cases were to be held until further instructions were issued.
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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?
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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
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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!
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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
amsgc
02-04 10:08 AM
...
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