waitin_toolong
10-03 01:52 PM
that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....
wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.
To answer the original questions only two options.
1) depart and reeneter using L1
2) apply for COS (but a long process)
wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.
To answer the original questions only two options.
1) depart and reeneter using L1
2) apply for COS (but a long process)
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sachug22
06-08 05:57 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4512.html
No change compared to June 2009 except that China EB2 has moved back to Jan 2000.
No change compared to June 2009 except that China EB2 has moved back to Jan 2000.
coopheal
11-12 11:43 AM
Why should some else follow up on your brilliant ideas. How about you take the lead and contact media in your area with your ideas. If the reporter is interested you can volunteer to be interviewd and also forward the information on the forum so that whoever is interested can also interview.
I see a problem in such postings. We only come up with ideas and expect someone else to work on them. I do not think at your workplace this is all you do-- Just give ideas and ask your managers and VP and CEO to follow up on your ideas.
If lobbying does not work then how come you have a 2 year EAD, You filed AOS in July 2007 due to IV, H1B time is decoupled from H4 time for your wife?
Well said.... A good idea without implementation is just dreaming....
I see a problem in such postings. We only come up with ideas and expect someone else to work on them. I do not think at your workplace this is all you do-- Just give ideas and ask your managers and VP and CEO to follow up on your ideas.
If lobbying does not work then how come you have a 2 year EAD, You filed AOS in July 2007 due to IV, H1B time is decoupled from H4 time for your wife?
Well said.... A good idea without implementation is just dreaming....
2011 HD Wallpaper: Glacier Sunrise
uma001
03-20 09:13 PM
Send me I'm. My prev post was deleted by mod becos they won't allow other websites to be published here
more...
GC_ASP
03-18 05:47 PM
Thats what I understood as well. Eb-2 benefited the most because of this.
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
qesehmk
02-08 08:24 PM
Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.
I am tempted to think the same way ... although I am not sure.
By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.
I am tempted to think the same way ... although I am not sure.
By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.
more...
desi3933
02-04 01:44 PM
Recently got Laid off. Here are my details:
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My comments are in blue ....
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
There is no such regulation at this time.
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
There is no such regulation at this time.
I mean when do I have to inform USCIS if at all?
In the event of RFE.
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My comments are in blue ....
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
There is no such regulation at this time.
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
There is no such regulation at this time.
I mean when do I have to inform USCIS if at all?
In the event of RFE.
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
2010 Landscape Full HD Wallpaper by
arunmohan
03-17 01:50 PM
Hello group:
This is true that EB3 people are going to stay for longer period( no one knows how long).
I am not sure that how much would be fruitful to port from EB3->EB2. Everone knows that it is not easy.
IV team should think and decide the next course of action for EB3.
I am with them what ever they decide. I am ready to give any kind of support.
Regards
This is true that EB3 people are going to stay for longer period( no one knows how long).
I am not sure that how much would be fruitful to port from EB3->EB2. Everone knows that it is not easy.
IV team should think and decide the next course of action for EB3.
I am with them what ever they decide. I am ready to give any kind of support.
Regards
more...
lazycis
01-18 11:58 AM
US Code, Title 8 � 1304. Forms for registration and fingerprinting
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
hair green landscape wallpapers
sam_hoosier
01-18 11:09 AM
Signed up for $20/month.
more...
nixstor
07-04 09:25 PM
nixstor,
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
Well, Thats what I have said before as well. Its like setting the order card flag to "yes" on 60K cases with older PD's. I do not know from where Jay Solomon got the tip off about lapse of name checks, unless they are trying to make this a big issue through all possible means. There have been stories flying around that they by passed on security checks, which I thought your original post conveyed. Most of the 485's they approved have been the one's with PD's from 2003 and 2004 initially. If there are a few from the pile that were of later PD's, I don't think its a big issue. The lack of communication and implementation/interpretation at their whims and fancies has resulted in the situation at hand for every one involved in the chain. I am very very positive that the OB's office has nothing do with this and USCIS is not worried about the postmortem conducted by OB.
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
Well, Thats what I have said before as well. Its like setting the order card flag to "yes" on 60K cases with older PD's. I do not know from where Jay Solomon got the tip off about lapse of name checks, unless they are trying to make this a big issue through all possible means. There have been stories flying around that they by passed on security checks, which I thought your original post conveyed. Most of the 485's they approved have been the one's with PD's from 2003 and 2004 initially. If there are a few from the pile that were of later PD's, I don't think its a big issue. The lack of communication and implementation/interpretation at their whims and fancies has resulted in the situation at hand for every one involved in the chain. I am very very positive that the OB's office has nothing do with this and USCIS is not worried about the postmortem conducted by OB.
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bank_king2003
04-09 05:08 PM
there we go again..... becoz visa bulletin dates did no move.... all of a sudden it means uscis/dos is not doing their job?..... get a grip of u'r self.....
my date if 7th feb-05 & its just days away for over an year.... but i know that blaming uscis/dos won't do a shit for anyone..... becoz that's not where the problem is..... now don't throw bullshit at me.... saying uscis is not efficient blah blah blah..... if uscis is allocating 140K gc per year, that's good enough...... becoz its a wrong goal to setup 100% efficiency with uscis..... we all don't work with our employer 100% becoz we spend time scanning the web..... y do we expect uscis to work 100%....... for me uscis is doing their job if they allocate 140k gc per year...... period..... now stop this non-sense of blaming uscis/dos becoz that sets a wrong target..... the blame/fault for vb and backlog lies with the congress..... the least we can do is identify the source of the problem...... we do people here keep beating down on uscis & dos...... y r we do dumb.....
and all these questions is totally a waste of time...... in the end lets say u get 100% efficiency, what will it get u..... 7 more green cards for a backlog of 1 million..... how stupid is it to get totally blinded by this misguided meaningless talk for 7 visas for a million headless chickens.....
lets continue talking about uscis/dos..... who is next...:mad:
Gud u let out ur frustration. U r gud for that only as i see u comparing our effeciency with USCIS. i know ur gray matter now !!!
my date if 7th feb-05 & its just days away for over an year.... but i know that blaming uscis/dos won't do a shit for anyone..... becoz that's not where the problem is..... now don't throw bullshit at me.... saying uscis is not efficient blah blah blah..... if uscis is allocating 140K gc per year, that's good enough...... becoz its a wrong goal to setup 100% efficiency with uscis..... we all don't work with our employer 100% becoz we spend time scanning the web..... y do we expect uscis to work 100%....... for me uscis is doing their job if they allocate 140k gc per year...... period..... now stop this non-sense of blaming uscis/dos becoz that sets a wrong target..... the blame/fault for vb and backlog lies with the congress..... the least we can do is identify the source of the problem...... we do people here keep beating down on uscis & dos...... y r we do dumb.....
and all these questions is totally a waste of time...... in the end lets say u get 100% efficiency, what will it get u..... 7 more green cards for a backlog of 1 million..... how stupid is it to get totally blinded by this misguided meaningless talk for 7 visas for a million headless chickens.....
lets continue talking about uscis/dos..... who is next...:mad:
Gud u let out ur frustration. U r gud for that only as i see u comparing our effeciency with USCIS. i know ur gray matter now !!!
more...
house Hd Landscape wallpaper
starscream
06-13 03:48 PM
MSNBC has opned up a message board for Employment Based (EB) Skilled Immigration Applicants
http://boards.msn.com/MSNBCboards/board.aspx?BoardID=1042
Go to the topic Employment Based (EB) Skilled Immigration Applicants
PLease post your messages on the board about EB backlog, H1B and CIR issues. Only 5 messages have been posted
http://boards.msn.com/MSNBCboards/board.aspx?BoardID=1042
Go to the topic Employment Based (EB) Skilled Immigration Applicants
PLease post your messages on the board about EB backlog, H1B and CIR issues. Only 5 messages have been posted
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nivasch
12-13 10:43 AM
Hi, I am from NJ, srini_chenna@yahoo.com
:)
:)
more...
pictures Landscape Wallpapers
thomachan72
11-11 03:59 PM
I am surprised that this thread is still active. Usually by this time somebody from the core group puts a statement and that usually closes the discussion. I am sure this will happen soon since atleast a few posters have been requesting asistance from Pappu regarding this issue. I am just waiting for that post to come...dont know when. Hey pappu why are you taking so long......why dont you post and tell all our friends who are currently so emotional about the reality of pursuing the legal option...
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Deaddocus
03-15 07:57 AM
Modern knights, :D *ducks*
more...
makeup landscape wallpapers,
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!
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wait4ever
09-26 10:16 AM
Enough Said - correction required.
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goel_ar
03-21 12:29 PM
Send me I'm. My prev post was deleted by mod becos they won't allow other websites to be published here
wow -- why mods don't allow other websites to be published here?
wow -- why mods don't allow other websites to be published here?
jprangi
07-03 02:10 PM
Hello All,
This whole story is a mess. USCIS is very much wrong on what they did. We all ended up in spending hundreds of thousands of dollars and on average one week of time to file the application. Few people took off from their work to complete the application on time. Few people paid as much as $700 for medical.
I have seen tons of blogs on internet and every blogs is talking about the same things.
Even though there are hundreds thousands of people were suffered. I don't see a single line on any major new web website or TV news channels. I doubt if any senator even knows how USCIS has been torturing (emotionally as well as financially) good, educated, responsible, and legal residents.
Dont you think its time to wake up and scream so loudly that these deafs can
hear and feel the pain.
Dont you think its time to help yourself. Forget about your employers, its not in their benefit to fight for you.
Dont you thinks its time for US citizens to know what their great US govt ( lovely responsible senators) are doing for legal resident. They are working hard to make illegals (out of them so many are criminals) legal. Giving hard time to legals.
Dont you think its time to tell every one that what can happen to America if we go mad and do system maintenance by running the command "rm -rf /*"
MAY BE ITS THE TIME TO COME ON ROADS IN LA, Chicago, NY, and Washington DC.
Its time to tell them that we can do it and we can do it very hard.
Its time to stop beating around bush and do something useful.
Just some thought..
-JP
This whole story is a mess. USCIS is very much wrong on what they did. We all ended up in spending hundreds of thousands of dollars and on average one week of time to file the application. Few people took off from their work to complete the application on time. Few people paid as much as $700 for medical.
I have seen tons of blogs on internet and every blogs is talking about the same things.
Even though there are hundreds thousands of people were suffered. I don't see a single line on any major new web website or TV news channels. I doubt if any senator even knows how USCIS has been torturing (emotionally as well as financially) good, educated, responsible, and legal residents.
Dont you think its time to wake up and scream so loudly that these deafs can
hear and feel the pain.
Dont you think its time to help yourself. Forget about your employers, its not in their benefit to fight for you.
Dont you thinks its time for US citizens to know what their great US govt ( lovely responsible senators) are doing for legal resident. They are working hard to make illegals (out of them so many are criminals) legal. Giving hard time to legals.
Dont you think its time to tell every one that what can happen to America if we go mad and do system maintenance by running the command "rm -rf /*"
MAY BE ITS THE TIME TO COME ON ROADS IN LA, Chicago, NY, and Washington DC.
Its time to tell them that we can do it and we can do it very hard.
Its time to stop beating around bush and do something useful.
Just some thought..
-JP
snathan
03-11 09:19 PM
If we put the word H1B in the Visa Re-capturing bill, the bill would be doomed. As few have rightly pointed out, it would be taken out of context probably advertised and interpreted as increasing H1B visas.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Before starting new fund raising...do you consider to contribute for the current drive.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Before starting new fund raising...do you consider to contribute for the current drive.
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