rghangrekar
02-20 04:05 PM
Congrats to Eb2 dudes.....hopefully EB3 will not fall very behind. I am hoping Eb3 keeps moving and gathers pace...
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ckichannagari
06-10 08:44 PM
sent the message ..
I will be asking 6 more friends to do the same.
I will be asking 6 more friends to do the same.
logiclife
12-20 07:24 PM
I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
You are mixing up a lot of things.
Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.
The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.
If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.
Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.
So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.
If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.
REGARDING RESTAMPING H1 OVERSEAS:
I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.
I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.
Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
You are mixing up a lot of things.
Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.
The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.
If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.
Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.
So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.
If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.
REGARDING RESTAMPING H1 OVERSEAS:
I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.
I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.
Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.
2011 small heart tattoos for girls.
thesparky007
03-07 07:52 PM
i downloaded it yesterday and found it pretty
confusing!
i would be glad if anyone can show me some nice tuts
or help me wiht it
confusing!
i would be glad if anyone can show me some nice tuts
or help me wiht it
more...
sri1309
01-25 09:18 AM
For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
The issue is like a BIG bus where we all are together travelling to the same destination. And the bus is stuck in a pit. You and I can push, .. will it help?. What else do you do. You make others also come and push. So, how many people were you able to convince to do what you did.. Dont just convince them, make them also spread the message.
If you want content to be passed, there are many threads here. One is mine, which is "chain reaction..). Its now buried somewhere :(.
I know some people do realize things only when they loose their jobs or when its too late. If realization happens only that way, I wish all of you those not participating actively loose their jobs and hence comes realization that will help you and us all. Hope that happens very fast..
"Agar booth lathon se hi soon sakthe hai, tho lathon hi sahi..".. How my quote on 10..
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
The issue is like a BIG bus where we all are together travelling to the same destination. And the bus is stuck in a pit. You and I can push, .. will it help?. What else do you do. You make others also come and push. So, how many people were you able to convince to do what you did.. Dont just convince them, make them also spread the message.
If you want content to be passed, there are many threads here. One is mine, which is "chain reaction..). Its now buried somewhere :(.
I know some people do realize things only when they loose their jobs or when its too late. If realization happens only that way, I wish all of you those not participating actively loose their jobs and hence comes realization that will help you and us all. Hope that happens very fast..
"Agar booth lathon se hi soon sakthe hai, tho lathon hi sahi..".. How my quote on 10..
vin
06-12 03:02 PM
http://www.latimes.com/news/nationworld/nation/la-na-immig13jun13,1,432583.story?coll=la-headlines-nation
There are splits within the Republican and Democratic parties over the issue, but both sides say they think they can muster 60 votes -- the number needed to overcome a filibuster -- if they can resolve their procedural issues.
McConnell said he thought it was unlikely the president's visit would sway many Republicans. "I think most senators have pretty well made up their minds where they are on this, and I think there are a reasonable number of Republicans who in the end are likely to help get us get it through," McConnell said in a conference call with reporters.
There are splits within the Republican and Democratic parties over the issue, but both sides say they think they can muster 60 votes -- the number needed to overcome a filibuster -- if they can resolve their procedural issues.
McConnell said he thought it was unlikely the president's visit would sway many Republicans. "I think most senators have pretty well made up their minds where they are on this, and I think there are a reasonable number of Republicans who in the end are likely to help get us get it through," McConnell said in a conference call with reporters.
more...
malaGCPahije
03-17 04:21 PM
What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
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thesparky007
02-17 06:15 PM
kirupa.com
uhhh, look at the post in the very first part of the thread i set up this (http://%0ahttp://www.gamedev.net/community/fo...topic_id=202348) link for a list of a bunch of 3d programs varying from free to over 5k
cool
thx man!
uhhh, look at the post in the very first part of the thread i set up this (http://%0ahttp://www.gamedev.net/community/fo...topic_id=202348) link for a list of a bunch of 3d programs varying from free to over 5k
cool
thx man!
more...
gcformeornot
03-16 12:52 PM
think IV membership should be vetted. Only way to stop fools like these.
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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!
===============
more...
sledge_hammer
07-24 10:11 AM
To file for EAD/AP you need to wait until you get your I-485 receipt. PD is irrelevant after your I-485 applications has been receipted.
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
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webm
03-17 01:48 PM
Current as per the April'08 bulletin
Adv congrats!! dude
Adv congrats!! dude
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gimme_GC2006
07-15 10:53 AM
We got a call from USCIS person for verifying our address. She said our finger prints have been expired and will send new notices (which will reach us in about 3 weeks)
hmm.
hmm.
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varshadas
11-29 03:41 PM
My PD is Oct 2002 - EB3.
140 cleared.
I can be reached at varshadas@hotmail.com
We need to have a conference call between us and then go and meet whoever we have to.
We have to be very clear on what we have to talk about and must bring the issues to light in a way that will have a lasting effect on the listener.
140 cleared.
I can be reached at varshadas@hotmail.com
We need to have a conference call between us and then go and meet whoever we have to.
We have to be very clear on what we have to talk about and must bring the issues to light in a way that will have a lasting effect on the listener.
more...
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uma001
03-21 01:26 PM
I replied to your message. Pls check it.
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bsbawa10
03-09 03:48 PM
hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o
I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.
I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.
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studmvr
12-13 09:25 AM
PD-Nov03 EB2 here in Central-NJ.
Iam in the process of letting everyone in my friends community know about IV here. Please contact me @ studmvr@yahoo.com for any help for IV.
Iam in the process of letting everyone in my friends community know about IV here. Please contact me @ studmvr@yahoo.com for any help for IV.
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neoneo
09-26 09:31 PM
---
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
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obviously
07-13 10:17 AM
Permit me to call out the grossly misguided emotions I've seen in this thread.
We have a co-alum of the DHS Secy sending a detailed, cogent and EASY TO READY letter pleading for our cause and yet we diss her.
Sheela Murthy might be different things to different people. Reality is that she is agent of capitalism JUST AS WE ARE. Then, why take a holier than thou attitude and arbitrarily attribute nefarious intentions to her actions?
This shallowness illustrates the deep void in vision and a decidedly insular world view.
I would urge IV members to THANK Sheela Murthy for her cogent articulation of the human impact of this disastrous situation and ask her to continue to support the cause through various means.
And by the way, I am NOT a client and that should make no difference in the quest for objective realization that there are shared interests at play.
However, I AM a trained negotiator and conflict mediator (apart from being a co-author of a mediation model) and hence from that perspective would aver that such realization of shared gains are what ADD VALUE to a discussion.
Cheers!
We have a co-alum of the DHS Secy sending a detailed, cogent and EASY TO READY letter pleading for our cause and yet we diss her.
Sheela Murthy might be different things to different people. Reality is that she is agent of capitalism JUST AS WE ARE. Then, why take a holier than thou attitude and arbitrarily attribute nefarious intentions to her actions?
This shallowness illustrates the deep void in vision and a decidedly insular world view.
I would urge IV members to THANK Sheela Murthy for her cogent articulation of the human impact of this disastrous situation and ask her to continue to support the cause through various means.
And by the way, I am NOT a client and that should make no difference in the quest for objective realization that there are shared interests at play.
However, I AM a trained negotiator and conflict mediator (apart from being a co-author of a mediation model) and hence from that perspective would aver that such realization of shared gains are what ADD VALUE to a discussion.
Cheers!
neverbefore
07-29 02:27 AM
Please let me know how to close this thread?
Feeling the heat? Why not take a dip in a pail of your "Pale Beer"? :D
Feeling the heat? Why not take a dip in a pail of your "Pale Beer"? :D
Legal
07-05 12:07 PM
No need to conduct this poll. What's your point? go by the
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
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