gcnotfiledyet
02-24 06:41 PM
Did AILA actually file a lawsuit?
http://www.ailf.org/lac/lac_lit_visab.shtml
http://www.murthy.com/ailf_lawsuit.html#Update6
They obtained authorization to file the lawsuit. They had it prepared to file and received good response from possible plaintiffs. It was possibility of good strong case by AILA that deterred USCIS to reverse the decision without a formal lawsuit. This is exactly what we need to further our cause. USCIS could care less about other petty tricks. They will only understand language of laws/court. For that we need congress to pass laws favoring us.
http://www.ailf.org/lac/lac_lit_visab.shtml
http://www.murthy.com/ailf_lawsuit.html#Update6
They obtained authorization to file the lawsuit. They had it prepared to file and received good response from possible plaintiffs. It was possibility of good strong case by AILA that deterred USCIS to reverse the decision without a formal lawsuit. This is exactly what we need to further our cause. USCIS could care less about other petty tricks. They will only understand language of laws/court. For that we need congress to pass laws favoring us.
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kavita
07-02 11:11 AM
who would be a good lawyer to consult regarding this?
ashkam
12-31 02:39 PM
"If there is a God, He is infinitely incomprehensible, since, having, neither parts nor limits, He has no affinity to us. We are then incapable of knowing either what He is or if He is ... you must wager. It is not optional. You are embarked. Which will you choose then? Let us weigh the gain and the loss in wagering that God is. Let us estimate these two chances. If you gain, you gain all; if you lose, you lose nothing. Wager then without hesitation that he is."
Blaise Pascal
The chance is 50/50.
Seriously, did you just bring up Pascal's wager? You seem to be behind the times, man. Pascal's wager has been knocked down and ridiculed time and time again. Just one of its refutations : Why God? Why not believe in a pink unicorn? or a flying spaghetti monster? Or a giant cosmic turtle? Shouldn't one believe in each and every one of these things for the fear that they might be true since no one can really disprove their existence? Again it comes down to probability. The probability of there being a God is very close to zero, thus making belief in God untenable.
Blaise Pascal
The chance is 50/50.
Seriously, did you just bring up Pascal's wager? You seem to be behind the times, man. Pascal's wager has been knocked down and ridiculed time and time again. Just one of its refutations : Why God? Why not believe in a pink unicorn? or a flying spaghetti monster? Or a giant cosmic turtle? Shouldn't one believe in each and every one of these things for the fear that they might be true since no one can really disprove their existence? Again it comes down to probability. The probability of there being a God is very close to zero, thus making belief in God untenable.
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wikipedia_fan
07-04 11:38 AM
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
more...
485Mbe4001
07-22 02:04 PM
I have sent letters and contacted my congressman so many times that i am beinging to doubt that they even care. The staff understands the issue, provide sympathetic answers, but overall there is little progress. Everyone agrees that this bill is good and non controvertial.
I sent 5 letters, to congressman, senators and Mr. President also. (over reaction, isn't it?%$)
Gurus, keep sending letters this is good for EB3-I.. I guess...
I sent 5 letters, to congressman, senators and Mr. President also. (over reaction, isn't it?%$)
Gurus, keep sending letters this is good for EB3-I.. I guess...
Dhundhun
06-24 03:31 AM
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
Good observation. Thanks. I hope they honor, what they have written http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD also.
On the same page 8 of http://www.uscis.gov/files/form/I-765instr.pdf USCIS has written over-rider:
The form fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below:
1. Visit our website at www.uscis.gov, select "Immigration Forms," and check the appropriate fee;
2. Review the Fee Schedule included in your form package, if you called us to request the form; or
3. Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.
Based on over-rider information,
Fees should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services. The instruction to pay U.S. Department of Homeland Security might be old (05/27/08 - just guess based on over rider information).
So I think, USCIS must be accepting payments in various forms of payable to. I can update in one or two days about "payable to USCIS" - Whether accepted or rejected.
I was looking into other info also about I-765 filing. The instruction is too old for students (Foreign Students). Most of the information is given for them in http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
Department of Homeland Security, unless:
Good observation. Thanks. I hope they honor, what they have written http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD also.
On the same page 8 of http://www.uscis.gov/files/form/I-765instr.pdf USCIS has written over-rider:
The form fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below:
1. Visit our website at www.uscis.gov, select "Immigration Forms," and check the appropriate fee;
2. Review the Fee Schedule included in your form package, if you called us to request the form; or
3. Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.
Based on over-rider information,
Fees should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services. The instruction to pay U.S. Department of Homeland Security might be old (05/27/08 - just guess based on over rider information).
So I think, USCIS must be accepting payments in various forms of payable to. I can update in one or two days about "payable to USCIS" - Whether accepted or rejected.
I was looking into other info also about I-765 filing. The instruction is too old for students (Foreign Students). Most of the information is given for them in http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
more...
pointlesswait
11-15 12:58 PM
here is what i suggest:
create a yahoo group or blog..and have ppl publish the name anonymously of the desi bloodsuckers...some kind of activism is required..instead of coming on this board like some ballless buggers and crying like babies...grow up and take back ur life...bytch..;-)
btw..i am not in IT so..i dont have to deal with suck suckers.. i have read so many posts abt this.. i am fed up..
create a yahoo group or blog..and have ppl publish the name anonymously of the desi bloodsuckers...some kind of activism is required..instead of coming on this board like some ballless buggers and crying like babies...grow up and take back ur life...bytch..;-)
btw..i am not in IT so..i dont have to deal with suck suckers.. i have read so many posts abt this.. i am fed up..
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geniousatwork
04-07 05:18 PM
From what I have noticed it comes out on the 1st or 2nd Monday of the month.
If the 1st Monday is in mid-lower single digits then it comes out on the 2nd Monday...
Going by that trend it might come out next Monday the 13th.
If the 1st Monday is in mid-lower single digits then it comes out on the 2nd Monday...
Going by that trend it might come out next Monday the 13th.
more...
cabal
03-27 10:42 AM
Thanks to the efforts of everyone at IV and QGA, we have the golden opportunity for a member of IV to actually testify before Congress. No kidding!
This has to be one of the best and most effective chance we have to make our point directly to the lawmakers
IV is looking for someone who is in the �limbo� stage, and has made a significant contribution to the economy (ie, invented something, made a medical discovery, created a lot of jobs, etc.)
Please treat this as very very urgent. We need someone like this ASAP.
Please contact any of the following if you come across someone who fits the criteria
shrey@immigrationvoice.org
jay@immigrationvoice.org
sandeep@immigrationvoice.org
nagaraj@immigrationvoice.org
kapooraman@immigrationvoice.org
This is your chance to speak up and be heard. Please pass it on to everyone you know.....
I dont know if i quite fit the bill, I am a Environmental engineer, did my masters in the U.S. Working since the past 6 years. First LC rejected due to incompetence of lawyer, second LC (PERM) took 6 months instead of 45-60 days as promised. Now stuck in retrogression. Admitted to top MBA program in UK, and waitlisted at top program in U.S. Planning to go to UK as tired of being stuck and waiting.
This has to be one of the best and most effective chance we have to make our point directly to the lawmakers
IV is looking for someone who is in the �limbo� stage, and has made a significant contribution to the economy (ie, invented something, made a medical discovery, created a lot of jobs, etc.)
Please treat this as very very urgent. We need someone like this ASAP.
Please contact any of the following if you come across someone who fits the criteria
shrey@immigrationvoice.org
jay@immigrationvoice.org
sandeep@immigrationvoice.org
nagaraj@immigrationvoice.org
kapooraman@immigrationvoice.org
This is your chance to speak up and be heard. Please pass it on to everyone you know.....
I dont know if i quite fit the bill, I am a Environmental engineer, did my masters in the U.S. Working since the past 6 years. First LC rejected due to incompetence of lawyer, second LC (PERM) took 6 months instead of 45-60 days as promised. Now stuck in retrogression. Admitted to top MBA program in UK, and waitlisted at top program in U.S. Planning to go to UK as tired of being stuck and waiting.
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ags123
04-07 08:23 PM
Till 2007 that was how it was being interpretted and then suddenly DOS realised it should be by category and not by country of chargebility.
The earlier Eb1 ROW>Eb2 ROW>Eb3 ROW spillover is called vertical spillover
The current since 2008 spillover Eb1>Eb2>Eb3 regardless of country is called horizontal spillover.
However see in Horizontal spill over Eb2 India backlog takes of the numbers (14k in 2008)
In vertical spill over Eb3 India backlog takes the numbers(17k in 2007)
This is because Eb2 India or Eb3 India have older cases and spillover is given seemingly according to PD order.
So either method wont help Eb3 ROW. Its a double whammy.
The earlier Eb1 ROW>Eb2 ROW>Eb3 ROW spillover is called vertical spillover
The current since 2008 spillover Eb1>Eb2>Eb3 regardless of country is called horizontal spillover.
However see in Horizontal spill over Eb2 India backlog takes of the numbers (14k in 2008)
In vertical spill over Eb3 India backlog takes the numbers(17k in 2007)
This is because Eb2 India or Eb3 India have older cases and spillover is given seemingly according to PD order.
So either method wont help Eb3 ROW. Its a double whammy.
more...
GoneSouth
07-08 02:42 PM
Thought I'd offer an alternate view on the AC21 letters. I switched jobs after my I-485 had been pending 180 days, and my attorneys advised me to NOT send in an AC21 letter. They said, "Chances are, you will not get an RFE, and if you do, you can send in the AC21 letter at that time. If you do send in an AC21 letter, you will definitely get an RFE". These attorneys had always given me excellent advice in the past, so I have not submitted an AC21 letter.
- GS
- GS
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fall2004us
09-22 05:34 PM
called them all..lets hope for the best:)
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lazycis
08-15 02:14 PM
In most critical situations a person can file a lawsuit in federal court and ask court to 1) compel USCIS to process your EAD within 1-2 days and 2) enjoin DHS from going after the employer if person continues working with expired EAD. Part 2 is available only if employer wants to participate in a lawsuit. Otherwise, file it yourself, it requires the same amount of time as filing for EAD.
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Caliber
05-07 02:20 PM
Is something being arranged on the chapter level as well?
I was there for rally and will also join for this one.
Amit has just now sent an email to most of the members that attended DC meet in 2007. I hope you were part of that email list. Otherwise, send me a PM.
I was there for rally and will also join for this one.
Amit has just now sent an email to most of the members that attended DC meet in 2007. I hope you were part of that email list. Otherwise, send me a PM.
more...
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gc_coming
09-23 08:22 PM
Hi Gurus,
I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
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rpatel
05-11 03:33 PM
http://www.nytimes.com/2006/05/11/washington/11cnd-immig.html
Senate Leaders Expect Immigration Bill Next Week
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By DAVID STOUT
Published: May 11, 2006
WASHINGTON, May 11 � Senate leaders said today that they had broken a political stalemate and would bring to the floor next week an immigration bill that could put millions of illegals on the road to eventual American citizenship.
Its a positive developement indeed but looking at the tone of both, Reid and Frist it seems their primary motivation is to "show" that they are not sitting on the issue but doing "something"...in other words a genuine concern for the plights of immigrant in waiting (both legal and illegal) doesn't seem to be the driving force but rather both parties are looking for bragging rights on the issue come november elections.....
Any ways I guess being positive would be the best approach for us...who cares what the law maker's real motivation is aslong as we get a legislation that's favorable to us...Njoy
Senate Leaders Expect Immigration Bill Next Week
Sign In to E-Mail This Print Reprints Save
By DAVID STOUT
Published: May 11, 2006
WASHINGTON, May 11 � Senate leaders said today that they had broken a political stalemate and would bring to the floor next week an immigration bill that could put millions of illegals on the road to eventual American citizenship.
Its a positive developement indeed but looking at the tone of both, Reid and Frist it seems their primary motivation is to "show" that they are not sitting on the issue but doing "something"...in other words a genuine concern for the plights of immigrant in waiting (both legal and illegal) doesn't seem to be the driving force but rather both parties are looking for bragging rights on the issue come november elections.....
Any ways I guess being positive would be the best approach for us...who cares what the law maker's real motivation is aslong as we get a legislation that's favorable to us...Njoy
more...
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centaur
08-15 07:41 PM
YES
Citizenship is going to happen only after 5 years . But by then it would be long time gone .
the only way that they could find out would be based on your tax return.DO they really scrutinize to that extent?
Citizenship is going to happen only after 5 years . But by then it would be long time gone .
the only way that they could find out would be based on your tax return.DO they really scrutinize to that extent?
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chanduv23
10-02 03:28 PM
I will try..
Come on - leaders like you MUST not TRY you MUST COME
Come on - leaders like you MUST not TRY you MUST COME
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pareshpatel1980
08-11 01:00 AM
One thing that forces you to believe its true is the date itself, why 8 MAY ? it somehow paints a picture that somebody did calculated the remaining visa numbers and arrived at the exact comfortable date. Guys, chances are its fake, but you never know. :)
Folks, we need to stay hopeful. If you notice the date towards end is 9th august which would mean VB should have been released today which didn't happen. The release date for last few VB is also 9th. It doesn't take too much effort to copy an old bulletin and replace month with September and change some dates here and there with likely dates which would still look very authentic. Seems like someone hacked into this no name website for sadistic pleasure...someone who is not very pleased with significant EB2 movements in last 2 months.
The formating is also off. All other pages have a professional look. Why would the webmaster of a professional firm not pay attention to this. This indeed looks like a cheap hacking trick done in a bit haste. I am quite positive that real september VB with Q's predictions coming true will come tomorrow :) So my suggestion is to relax and have a good night sleep. Next day truth will reveal itself
Folks, we need to stay hopeful. If you notice the date towards end is 9th august which would mean VB should have been released today which didn't happen. The release date for last few VB is also 9th. It doesn't take too much effort to copy an old bulletin and replace month with September and change some dates here and there with likely dates which would still look very authentic. Seems like someone hacked into this no name website for sadistic pleasure...someone who is not very pleased with significant EB2 movements in last 2 months.
The formating is also off. All other pages have a professional look. Why would the webmaster of a professional firm not pay attention to this. This indeed looks like a cheap hacking trick done in a bit haste. I am quite positive that real september VB with Q's predictions coming true will come tomorrow :) So my suggestion is to relax and have a good night sleep. Next day truth will reveal itself
Lasantha
08-22 02:21 PM
My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...
Does anyone know what the legislation is?
I don't think so. Your PD is still relevent. Only those people whose PD is current will get their GCs no matter what the RD is.
Does anyone know what the legislation is?
I don't think so. Your PD is still relevent. Only those people whose PD is current will get their GCs no matter what the RD is.
logiclife
04-03 10:18 AM
We are working on 3-4 amendments that reduce retrogression and help with backlog candidates with longer H1 extensions (Instead of 1 year H1b extensions).
Please keep in mind the Core group has given 3 months of devoted time and its in core group's interest also to get things done.
These amendments will go into the final bill before the debate is over and we will let everyone know the time/date details just a few moments before they are being introduced, if its possible to do that.
The WSJ article was aimed with a different purpose addressing the republican candidates who have taken a strong stance against latino population and its election consequences. It would not have been good to get ourselves mentioned in article that has largely advocated illegals. We have been trying to separete ourselves from illegals. Remember???
Regarding the media exposure for us, QGA has given us Roll-Call article exclusively for IV, NBC appointment(Siva was on NBC last week on Brian Williams) etc.
Please be patient and trust us, we are in the same boat as you are and we would appreciate a little patience for a little more time please.
Thank you.
Please keep in mind the Core group has given 3 months of devoted time and its in core group's interest also to get things done.
These amendments will go into the final bill before the debate is over and we will let everyone know the time/date details just a few moments before they are being introduced, if its possible to do that.
The WSJ article was aimed with a different purpose addressing the republican candidates who have taken a strong stance against latino population and its election consequences. It would not have been good to get ourselves mentioned in article that has largely advocated illegals. We have been trying to separete ourselves from illegals. Remember???
Regarding the media exposure for us, QGA has given us Roll-Call article exclusively for IV, NBC appointment(Siva was on NBC last week on Brian Williams) etc.
Please be patient and trust us, we are in the same boat as you are and we would appreciate a little patience for a little more time please.
Thank you.
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