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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!
    ===============





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  • sheela
    07-30 06:21 AM
    Funny, I got a red dot too and with a similar comment - apparently a simple question early on about the relevance of this thread rubbed someone the wrong way (maybe he slipped head-first from his bed today morning).

    Just curious: How can we see if someone gave a green / red dot unless it reflects on reputation. StuckInMuck and Cygent or anyone in the forum can you let people know.
    BTW: the issue discussed in this thread is irrelevant to IV agenda.





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  • skamma
    05-17 01:22 PM
    Admin,

    Can you pl. comment on this issue, since it is a potential and growing problem, we need to do something about it.

    Thanks
    skamma





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  • yganreddy
    05-09 12:06 AM
    Hi

    Atlast I received My Welcome notice on 05/05/08 morning. First I received Card Production order and after couple of hours I received Welcome notice mailed. Today I received Approval Notice sent mail at 5:00 PM

    Thank you very much for all the information provided in forum. It was a great help. I will stick around.

    My details

    EB2 02/2003 (India) - TSC
    Sent 485 on : Jun 29th 2007
    Received on : Jul 02 2007
    Notice Date : Aug 24 2007
    Soft LUD on 485 : 12/07/2007
    Card production ordered mail : May 05 2008

    Contributed so for $100.00. Will contribute more.



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  • thesparky007
    02-14 07:24 PM
    i dont even have a 3d application to try
    i would if i had 1
    sorry
    hehe





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  • pkak
    07-13 01:16 AM
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.


    Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.

    Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.

    Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.



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  • labogon
    07-28 09:50 AM
    I ask the same question to my lawyer when i saw your posting about your I_485 without the employer letter. This is his response, I hope this will help answer your question.

    __________________________________________________ ____________
    Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.

    If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.

    I'll let you know when we get the receipt notices - probably not for another two weeks.
    __________________________________________________ _____________

    P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
    labogon





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  • indianindian2006
    07-14 06:29 PM
    The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.

    What I have read is that it is critical that his 140 remain valid upto 180 days after filing 485 or the 485 is dead.Correct me if I am wrong.



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  • greyhair
    02-11 12:40 PM
    The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf

    This was the response i got from Ron Gotcher.

    "The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."


    If this is true, we have lost a lot of visas last year.

    Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.

    Is there a way to confirm this? We got to do something to resolve this problem

    There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.





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  • jcgc
    02-21 01:48 PM
    If it is infact true that Eb2 India can benefit from unused numbers in EB1 (ROW+India+China+Mexico+Phillipines), it will be great news!! I

    I had estimated that Eb2India pending applications (with PD earlier than or equal to Dec31, 2003) are probably about 4,900. This is almost 1.75 years worth of EB2India quota. If there is no spillover, then someone with Dec31, 2003 PD would have to wait at least till mid FY10 to get their GC. However, if there is spillover (especially from EB1 ROW considering that EB1India may not have much left). It will all depend on how much of this spillover will go to Eb2China and how much to EB2 India.


    Andy_GARCIA posted this in another link
    ".........
    This is the EB1 the usage for the last 14 years

    06 = 36,960
    05 = 64.731
    04 = 31,291
    03 = 14,544
    02 = 34,452
    01 = 41,801
    00 = 27,706
    99 = 14,898
    98 = 21,408
    97 = 21,810
    96 = 27,501
    95 = 17,339
    94 = 21,053
    93 = 21,114

    ..."

    Seems like the demand for EB1 ROW fluctuates a lot. In Fy05 the consumption was very high and probably there was no spillover to EB2 (could explain the retrogression for Eb2India). But given that EB1ROW has always been current, it leads me to believe that there will be surplus here. It all depends on how much.



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  • pappu
    01-02 08:13 PM
    I have posted about immigrationvoice.org in following yahoo groups

    IIT- Global (2526 members)
    IIT-midwest(317 members)
    IITK-westcoast(766 members)
    Inter IIT (4654 members)

    I hope this helps.

    Good Luck to All

    -Shukla
    Thank you very much

    could you and couple of more members volunteer to post messages on the following sites
    http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
    Pls post on this thread once you have posted.





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  • inthehole
    07-18 12:12 PM
    hi tapukakababa, can you please provide me with a number for USCIS nebraska SC. I would like to talk to them as well.


    Phone Number: 1-800-375-5283
    Options 1, 2, 2, 6, 2, 2, 1 (For english)



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  • yabayaba
    06-11 10:41 AM
    Done





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  • transpass
    04-09 10:20 PM
    This is an "Ouch..." visa bulletin.

    Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...

    However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.

    EB1 used up all its numbers last year and we dont know what will happen this year.

    EB2 ROW usage looks low, but then again no movement in EB2 India...

    Patience and persistence....

    Good Luck to all of us.

    Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...



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  • GCKaIntezar
    01-30 10:31 AM
    Yes. Ajay and I'll take care of the Metropark distribution.

    Re: EBC Radio

    For 2 times a day AD, for a month would cost $1000 + $300 (One time, Ad prep cost) = $1300. It would cost $1000 (from month 2 onward)

    If we sign-up for a year, they give a free program for 30 minutes (10 minutes intro/conclusion etc, so 20 minutes really).

    If we only want to do the 1/2hr program, it would cost $500.

    In my opinion, distributing fliers is the BEST and Most cost-effective option. Because our goal (with any type of marketing) is to bring-in more membership/contribution, paying $1800 (1 month ad + 1 program) = 90 people pitching-in for $20 contribution.

    I say we leave this Radio/TV Ads option, and just concentrate on distributing fliers and meeting with congressmen/congresswomen as a group in addition to meeting them 1:1.

    -Sanjay

    Hi varsha,
    I think sanjay or Rajeev was suppose to work with Ajay in metropark
    Sekar





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  • gaz
    10-16 10:44 AM
    how about a flower campaign (or any other attention seeking campaign like calculators/ timers etc) for the media to highlight our issues and make the general public aware of this inhuman treatment meted out by USCIS/ DOS?

    in this election year, there is little chance of any campaign targeted at a government agency working... the political will/ need does not exist. so how about at least generating a little more awareness of the cause?



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  • kumarc123
    10-19 02:28 PM
    Just imagine the cowardice of these people!. Online forums already have sufficient anonymity that you dont have to reveal your true name. Despite that people hide behind comment system to give reds (and tell things like "you suck" and what not). I hope the admins shut down this misused feature. Or make the system non-anonymous so that we can drag out these people and take up their comments in open forum.

    Hello there,
    I cant less concur to what you jsut said, if someone has something to say and critique , they can very well post their response or send a private message.

    Anyways the focus is the campaign. Have we decided on what and when we should do this flower campaign?

    I request all IV members, to please unite and do something, we all need to be mobile and create more awareness.

    Have we all forgotten how much publicity we got in 2007? lets all wait till the election day is over and the right candidate is elected.

    Then we should plan a rally.


    I am lucky, because I work hard. We all can be lucky as well, all we need to do is, work hard on these rally's. A flower campaign, a rally and maybe someone earlier suggested the EB community should take one day off work and attend that rally. This way, they will understand our Importance





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  • go_guy123
    09-09 02:33 PM
    Sadly true. Our hope is STEM exemption and Visa recapture and both of them will get little political help till elections. After the elections, the political arena will definitely be different with some Republicans replacing the Democrats in the House and any immigration related bill will result in a much tougher battle.

    SKIL will NEVER see light of day so long there is the "pandering to illegals" democratic party is there in control of agenda. Under GOP there is atleast some better chance
    of piecemeal and therefore SKIL bill has some chance.





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  • rbharol
    12-26 04:05 PM
    We cannot save for our children's college in college savings plan as every plan needs a GC.

    You mean 529? Thanks of telling. I was planning to open an account for my kid's college.

    Are you sure they wont let you open an account even if the kid is american citizen by birth?





    senthil1
    09-18 10:23 PM
    But their argument is this will add 500k gcs in one year whether it is a recapture or not. But it will not change any overall immigration numbers as most people will stay here by using AC21. Still their policy is anti immigration so they will oppose any immigration bill.Still one or 2 congressmen/Senator can block the bill by adding hundreds of amendments. So there will not be much time to pass.What you can do for this?


    Does IV already have a propaganda group of their own to thwart such baseless silly accusations?
    If not, this group ought to be formed; made up of people who are patient, have very good communication skills (both verbal and written) and be well aware of the current immigration process in the US.

    I am afraid that the clueless media might see these lies on Dice (which is one the top job search sites), and assume that what is posted there is accurate. If they run with it as a story without doing proper investigation, it will get unnecessary negative publicity. It needs a proper counter argument, supported by the facts. eg: the legislation that limits the current EB level at 140K per year; and the legislation that does not allow spillover of the unused visas from one year to the next.

    There are a lot of ignorant people around. Some knowledge transfer to them will help us all. (There will be some people who are not receptive to knowledge. No one can help them.)

    Thanks





    Jaime
    09-11 05:44 PM
    We have the time now! The time to plan and to attend the rally! Once the rally passes we will be out of time! We have this huge opportunity! Let us all seize it!!! LET US ALL ATTEND THE RALLY!!!!



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