Green.Tech
03-05 10:14 PM
I always believed that everyone out here is atleast a grad with a degree. Isn't it what the minimum requirement for EB Category 3 ?
Correct me if I am wrong.
Undergraduate degree = Bachelors
Graduate degree = Masters
Correct me if I am wrong.
Undergraduate degree = Bachelors
Graduate degree = Masters
wallpaper how to draw anime eyes male.
bigboy007
06-11 01:35 PM
If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.
This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.
So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.
So hitting YES you are going to convey you are bold and ready to leave the country middle of this night with your kids leaving studies ? what is your profile though are you really an Prospective immigrant i doubt it.
This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.
So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.
So hitting YES you are going to convey you are bold and ready to leave the country middle of this night with your kids leaving studies ? what is your profile though are you really an Prospective immigrant i doubt it.
javadeveloper
05-15 10:11 AM
jD, I dont think desi unversities went online yet..but if you are here, why dont you think of doing an American or European MBA? ;)
all the schools I mentioned above went online
Reasons for exploring
1.Cheaper(for SCDL fee is $1600 for 2 years)
2.They are reasonably recognized at least in India , As I have intentions to settle in india
3.Easy to get admission(at least in SCDL)
all the schools I mentioned above went online
Reasons for exploring
1.Cheaper(for SCDL fee is $1600 for 2 years)
2.They are reasonably recognized at least in India , As I have intentions to settle in india
3.Easy to get admission(at least in SCDL)
2011 Suika (lol googly eyes)
tomchi007
02-21 05:12 PM
Pardon my ignorance and pls help me understand, how does PD impact the mass 485 applications sent July/August 2007?
I thought the PD is only relevant for being able to apply for 485 and didnt matter if your 485 application had been received. Am I wrong?
I thought the PD is only relevant for being able to apply for 485 and didnt matter if your 485 application had been received. Am I wrong?
more...
piyu7444
01-30 04:15 PM
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
vin13
02-12 09:11 AM
Would you mind asking source/link for "another 13,000 shifted over"?
As per this link - family based numbers were totally used up for FY2008
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105 against 226,000 available.
I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?
______________________
Not a legal advice.
How difficult is it for you to understand. I did not advice. I just said this is the info...
I was not judging anyone. I do not claim to know all the numbers. So i just put it out there for someone to look and evaluate. Now many are saying based on the numbers, there was no spillover wasted. That is fine.
As per this link - family based numbers were totally used up for FY2008
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105 against 226,000 available.
I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?
______________________
Not a legal advice.
How difficult is it for you to understand. I did not advice. I just said this is the info...
I was not judging anyone. I do not claim to know all the numbers. So i just put it out there for someone to look and evaluate. Now many are saying based on the numbers, there was no spillover wasted. That is fine.
more...
pitha
06-12 02:17 PM
So what is your point, you say only CIR can bring any relief to eb immigrants and no other bill like skil will be considered, but cir will not gives us any relief at all, so you would prefer a cir without any relief for us rather than not having any bill?
all this talk about cantwell amendment, what does cantwell amendment offer us, it offers us nothing that we dont already have. Canwell amendment is the best amednment we have so far, that should give you an idea of the pathetic situation we are in. Please start opposing this bill. If not, can somebody enlighten me what is the "good stuff" i am missing in this bill.
Pitha (Shree)
I see what you are thinking, but EB3india is correct. In CIR or never.
I agree with him that we need to get a new stratergy to handle this.
I do not know why IV core has not spoken after this bill died. When CIR came to the Senate floor with all these restrictions, Logiclife mentioned something
like we should become illegals.
He must have been kidding but one could see the fact that the illegals were the ones who were getting the benefits.
I want to hear a similar statement from them, let us see........
all this talk about cantwell amendment, what does cantwell amendment offer us, it offers us nothing that we dont already have. Canwell amendment is the best amednment we have so far, that should give you an idea of the pathetic situation we are in. Please start opposing this bill. If not, can somebody enlighten me what is the "good stuff" i am missing in this bill.
Pitha (Shree)
I see what you are thinking, but EB3india is correct. In CIR or never.
I agree with him that we need to get a new stratergy to handle this.
I do not know why IV core has not spoken after this bill died. When CIR came to the Senate floor with all these restrictions, Logiclife mentioned something
like we should become illegals.
He must have been kidding but one could see the fact that the illegals were the ones who were getting the benefits.
I want to hear a similar statement from them, let us see........
2010 brown anime wolf
PresidentO
02-04 11:58 AM
Actually country quota may be unfair based on skills. But green card is not the selection of brightest in interview or test. All the cases of gc are tested and everyone are equally important. For example scientist in Nasa and a Programmer in a Tech company are important. If really see merrit Nasa scientist must have priority. But really everyone is important as they are important for their employer. So having country quota will not select any incapable persons as every candidate is tested.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
Dude! Skills based mean not because of your country. That is it. Stop there. What people are clamoring for is single line as both the Nasa scientist and programmer are equally important to their employer. Now, no one knows who will get out first even though he/she has both merit/old pd and other crap. Country cap removal is not the only solution. Recapture with carry over going forward and/or increase of EB numbers to 250K or above is the complete solution.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
Dude! Skills based mean not because of your country. That is it. Stop there. What people are clamoring for is single line as both the Nasa scientist and programmer are equally important to their employer. Now, no one knows who will get out first even though he/she has both merit/old pd and other crap. Country cap removal is not the only solution. Recapture with carry over going forward and/or increase of EB numbers to 250K or above is the complete solution.
more...
Keeme
10-20 06:07 PM
["We're continuing to have conversations with members of Congress, and we're open to ideas that they would put forward ... that would stimulate the economy and help us pull out of this downturn faster," White House press secretary Dana Perino said around noon Monday, shortly after Bernanke endorsed the need for a fresh and "significant" round of government action.]
If you want to sell your 'ideas', get her e-mail address and start sending e-mails to her.
Also we can start sending e-mails to Federal Reserve Chairman Ben Bernanke.
They have resources to put ideas to congress members and Congress members would listen them. Sending some 20-25 e-mails to them won't stop us doing what you guys are planning to do.
If you want to sell your 'ideas', get her e-mail address and start sending e-mails to her.
Also we can start sending e-mails to Federal Reserve Chairman Ben Bernanke.
They have resources to put ideas to congress members and Congress members would listen them. Sending some 20-25 e-mails to them won't stop us doing what you guys are planning to do.
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h1techSlave
03-17 02:04 PM
Including spillover generally EB3-I clears up around 5000 visas per year on average ( Though theoratically stuck at 3300-3500). 3 visas per applicant is at bit high end. I would not assume everybody is married AND have child.. I would put that around 1.75. But, yes, even if select these new parameters than also it would take years..Theoratically, ofcourse:):)
Based on your assumptions, it would take around 2 years to reach Dec 2003 for EB3-India.
# of visas required = 5000 or 6000 * 1.75 = 8750 or 10, 500
# of visas available = 5000
# years of wait until Dec 2003 = 1.75 to 2.1 years.
Based on your assumptions, it would take around 2 years to reach Dec 2003 for EB3-India.
# of visas required = 5000 or 6000 * 1.75 = 8750 or 10, 500
# of visas available = 5000
# years of wait until Dec 2003 = 1.75 to 2.1 years.
more...
swo
08-15 08:14 PM
It's very easy to forget that PDs can swing by YEARS at a time. (4 years in the case of the July Bulletin!) Things could easily swing back a year or two in only a month or two.
You can predict to your hearts content but I wouldn't get too hinged on those predictions.
Fact is that we were expecting Us and many were NOT Us. Similarly, PDs in October could be brought forward if there are insuffient applications ready for visas in some categories (ie ROW) in October.
Also remember that the number of newly filed EB applicaitons will be far, FAR less in coming months. Only PERM labors are done now and those will all have late PDs that will be ineligible for a long time. As a result, I think bulletins will start to become more consistent as the predictions of become more reliable after a couple of months of volatility in October.
The only real unknown after getting all the 485 data entry done is going to be the FBI namecheck factor.
You can predict to your hearts content but I wouldn't get too hinged on those predictions.
Fact is that we were expecting Us and many were NOT Us. Similarly, PDs in October could be brought forward if there are insuffient applications ready for visas in some categories (ie ROW) in October.
Also remember that the number of newly filed EB applicaitons will be far, FAR less in coming months. Only PERM labors are done now and those will all have late PDs that will be ineligible for a long time. As a result, I think bulletins will start to become more consistent as the predictions of become more reliable after a couple of months of volatility in October.
The only real unknown after getting all the 485 data entry done is going to be the FBI namecheck factor.
hot Anime Wolf Man.
perm2gc
01-10 09:24 PM
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13914
more...
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leoindiano
03-17 10:58 AM
Yes, mine was in Philly BEC too...which was approved in 2007 January.
But, there was quite a few go lucky people whose labor was getting approved in 30 days state, 30 days federal until that time. thats why i took 50-50 probability.
But, there was quite a few go lucky people whose labor was getting approved in 30 days state, 30 days federal until that time. thats why i took 50-50 probability.
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pappu
07-01 10:22 PM
Info on the lawsuit by AILA:
==============
USCIS VISA BULLETIN/
VISA AVAILABILTY LAWSUIT
Frequently Asked Questions about Participating in this Lawsuit
AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status applications for the alleged reason that a visa was not available, even though the Visa Bulletin from the Department of State (DOS) states that a visa was available at the time of filing.
Any foreign national who is otherwise eligible for adjustment of status and whose adjustment of status application has been or will be returned or rejected solely on this basis may be eligible to be a plaintiff in this lawsuit. If you are considering being a participant in this lawsuit, you may find the following frequently asked questions and answers helpful.
Q: What is AILF?
A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF sometimes files lawsuits involving various aspects of immigration law.
Q: What is this lawsuit about?
A: This lawsuit will be filed by plaintiffs who have been harmed because USCIS rejected or returned or is expected to reject or return a properly submitted adjustment of status application for the alleged reason that no visa was immediately available even though the DOS Visa Bulletin states that a visa was available at that time.
To be eligible for adjustment to lawful permanent resident status, a foreign national must show that a visa number is “immediately available.” USCIS regulations state that the DOS Visa Bulletin is used to determine whether a visa number is immediately available. This Bulletin is published once a month and lists the visa availability dates for all categories of immigrants for the following month. Thus, for example, the July 2007 bulletin, listing visa availability dates for the entire month of July, was published in June 2007.
AILF has learned that USCIS has refused to allow certain adjustment of status applications to be filed even though the DOS Visa Bulletin states that visa numbers are available for the immigrant category at that time. USCIS rejected these applications because DOS informed it in an internal communication that no visa numbers remained for that category of immigrants. To date, this has happened only in the employment-based “other worker” category. We anticipate that it may happen in a number of other types of employment-based immigrant categories beginning in July 2007.
We believe USCIS violated the law when it failed to apply the visa availability dates listed in the Visa Bulletin, as required by a federal regulation, and instead rejected properly filed adjustment applications. Through this lawsuit, we will challenge the rejection of adjustment of status applications on this basis. We will ask the court to order USCIS to accept the rejected adjustment applications and treat them as being filed as of the date they originally would have been filed had USCIS not rejected them.
Q: What is a “plaintiff” and how do I know if I am eligible to be a “plaintiff” in this lawsuit?
A: A plaintiff is a person who files a lawsuit against someone else. We are still determining the categories of plaintiffs but an eligible plaintiff for this lawsuit may include:
[other worker category]
A foreign national who:
Submitted an adjustment of status application in the “other worker” category for receipt by USCIS in June 2007; and
Is otherwise eligible for adjustment of status; and
Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
[other employment-based categories]
A foreign national who:
Submitted an adjustment of status application in any employment-based category other than “other worker” for receipt by USCIS in July 2007; and
Is otherwise eligible for adjustment of status; and
Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
Q: Why should I be a plaintiff in this lawsuit?
2
A: If the lawsuit is successful, USCIS should accept your adjustment application and treat it as if it had been filed as of the date that you originally tried to file it. Because your adjustment application will then be considered to be pending before the agency, you may be eligible for interim benefits, including an employment authorization document, advance parole, and others.
What the lawsuit will not do is make a visa number immediately available to you if none is available. If the visa numbers have in fact been used for the current fiscal year, the court does not have the authority under the law to make a new number available to you. However, if the court orders that USCIS accept your adjustment application as of the date that you originally tried to file it, you will be at an earlier place in line when visa numbers become available again in the next fiscal year, October 1, 2007. Additionally, as mentioned, you may be eligible for interim benefits while you are waiting.
Q: What is likely to happen because of the suit?
A: Lawsuits are uncertain by nature. We cannot predict the exact outcome. However, other efforts to resolve these problems with USCIS have not succeeded. For this reason, we believe that a lawsuit is the only remaining possible way to resolve these problems.
Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
Q: How much time must plaintiffs spend on this lawsuit?
A: Plaintiffs will have to provide us with the information and documentation we need in order to prepare the lawsuit. AILF will do most of the work in the lawsuit on paper. Depending on how the case proceeds, the government and its attorneys may want to ask the plaintiffs some questions about their case, either through written questions and answers or in person. This is called “discovery.” One type of discovery is a “deposition,” which is an interview where parties are asked questions about their cases.
Depositions are possible but not common in this type of case. In the event that discovery and/or depositions were required, an AILF attorney or an attorney working with us would assist plaintiffs to comply with any discovery requests, and would appear with plaintiffs at any deposition at no charge (see below). At a later stage, a plaintiff may be required to be present at
3
a hearing or a trial and possibly be asked to testify about their particular case, but this is quite rare.
Q: Will it cost me anything to be a plaintiff in this lawsuit?
A: AILF and any co-counsel will not charge any attorney’s fees for representing individuals in this lawsuit. AILF and any co-counsel also will pay the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that an individual should be required to be present at a deposition, hearing or a trial, we may ask that he/she pay their own travel and lodging expenses, if any. Those expenses would be reimbursed if the lawsuit is successful and we recover costs.
Q: Will anyone know that I am a plaintiff in this lawsuit?
A: Lawsuits are public information, and are available as a public court document. Many courts now have lawsuits and other documents available electronically, accessible via the internet. Also, USCIS will, of course, know the identity of the plaintiffs. We also will discuss plaintiffs’ cases with any other lawyers working with us on the lawsuit. It also is possible that the media – newspapers, radio, or TV reporters – will see the court documents and decide to do a story on the lawsuit.
Q: What should I do if I am eligible and interested in being a plaintiff in the lawsuit?
A: Please quickly submit the Questionnaire for Potential Plaintiffs and send us the documents requested. If you do not have the Questionnaire, please send an email to visabulletin@ailf.org, and we will send it to you. You may also fax a request to AILF LAC at (202) 742-5619. Please indicate this is a question about the visa bulletin litigation.
If you have any questions that are not answered by this FAQ or the questionnaire, please send them to visabulletin@ailf.org or fax to (202) 742-65619, and we will respond. Thank you!
===============
==============
USCIS VISA BULLETIN/
VISA AVAILABILTY LAWSUIT
Frequently Asked Questions about Participating in this Lawsuit
AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status applications for the alleged reason that a visa was not available, even though the Visa Bulletin from the Department of State (DOS) states that a visa was available at the time of filing.
Any foreign national who is otherwise eligible for adjustment of status and whose adjustment of status application has been or will be returned or rejected solely on this basis may be eligible to be a plaintiff in this lawsuit. If you are considering being a participant in this lawsuit, you may find the following frequently asked questions and answers helpful.
Q: What is AILF?
A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF sometimes files lawsuits involving various aspects of immigration law.
Q: What is this lawsuit about?
A: This lawsuit will be filed by plaintiffs who have been harmed because USCIS rejected or returned or is expected to reject or return a properly submitted adjustment of status application for the alleged reason that no visa was immediately available even though the DOS Visa Bulletin states that a visa was available at that time.
To be eligible for adjustment to lawful permanent resident status, a foreign national must show that a visa number is “immediately available.” USCIS regulations state that the DOS Visa Bulletin is used to determine whether a visa number is immediately available. This Bulletin is published once a month and lists the visa availability dates for all categories of immigrants for the following month. Thus, for example, the July 2007 bulletin, listing visa availability dates for the entire month of July, was published in June 2007.
AILF has learned that USCIS has refused to allow certain adjustment of status applications to be filed even though the DOS Visa Bulletin states that visa numbers are available for the immigrant category at that time. USCIS rejected these applications because DOS informed it in an internal communication that no visa numbers remained for that category of immigrants. To date, this has happened only in the employment-based “other worker” category. We anticipate that it may happen in a number of other types of employment-based immigrant categories beginning in July 2007.
We believe USCIS violated the law when it failed to apply the visa availability dates listed in the Visa Bulletin, as required by a federal regulation, and instead rejected properly filed adjustment applications. Through this lawsuit, we will challenge the rejection of adjustment of status applications on this basis. We will ask the court to order USCIS to accept the rejected adjustment applications and treat them as being filed as of the date they originally would have been filed had USCIS not rejected them.
Q: What is a “plaintiff” and how do I know if I am eligible to be a “plaintiff” in this lawsuit?
A: A plaintiff is a person who files a lawsuit against someone else. We are still determining the categories of plaintiffs but an eligible plaintiff for this lawsuit may include:
[other worker category]
A foreign national who:
Submitted an adjustment of status application in the “other worker” category for receipt by USCIS in June 2007; and
Is otherwise eligible for adjustment of status; and
Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
[other employment-based categories]
A foreign national who:
Submitted an adjustment of status application in any employment-based category other than “other worker” for receipt by USCIS in July 2007; and
Is otherwise eligible for adjustment of status; and
Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
Q: Why should I be a plaintiff in this lawsuit?
2
A: If the lawsuit is successful, USCIS should accept your adjustment application and treat it as if it had been filed as of the date that you originally tried to file it. Because your adjustment application will then be considered to be pending before the agency, you may be eligible for interim benefits, including an employment authorization document, advance parole, and others.
What the lawsuit will not do is make a visa number immediately available to you if none is available. If the visa numbers have in fact been used for the current fiscal year, the court does not have the authority under the law to make a new number available to you. However, if the court orders that USCIS accept your adjustment application as of the date that you originally tried to file it, you will be at an earlier place in line when visa numbers become available again in the next fiscal year, October 1, 2007. Additionally, as mentioned, you may be eligible for interim benefits while you are waiting.
Q: What is likely to happen because of the suit?
A: Lawsuits are uncertain by nature. We cannot predict the exact outcome. However, other efforts to resolve these problems with USCIS have not succeeded. For this reason, we believe that a lawsuit is the only remaining possible way to resolve these problems.
Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
Q: How much time must plaintiffs spend on this lawsuit?
A: Plaintiffs will have to provide us with the information and documentation we need in order to prepare the lawsuit. AILF will do most of the work in the lawsuit on paper. Depending on how the case proceeds, the government and its attorneys may want to ask the plaintiffs some questions about their case, either through written questions and answers or in person. This is called “discovery.” One type of discovery is a “deposition,” which is an interview where parties are asked questions about their cases.
Depositions are possible but not common in this type of case. In the event that discovery and/or depositions were required, an AILF attorney or an attorney working with us would assist plaintiffs to comply with any discovery requests, and would appear with plaintiffs at any deposition at no charge (see below). At a later stage, a plaintiff may be required to be present at
3
a hearing or a trial and possibly be asked to testify about their particular case, but this is quite rare.
Q: Will it cost me anything to be a plaintiff in this lawsuit?
A: AILF and any co-counsel will not charge any attorney’s fees for representing individuals in this lawsuit. AILF and any co-counsel also will pay the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that an individual should be required to be present at a deposition, hearing or a trial, we may ask that he/she pay their own travel and lodging expenses, if any. Those expenses would be reimbursed if the lawsuit is successful and we recover costs.
Q: Will anyone know that I am a plaintiff in this lawsuit?
A: Lawsuits are public information, and are available as a public court document. Many courts now have lawsuits and other documents available electronically, accessible via the internet. Also, USCIS will, of course, know the identity of the plaintiffs. We also will discuss plaintiffs’ cases with any other lawyers working with us on the lawsuit. It also is possible that the media – newspapers, radio, or TV reporters – will see the court documents and decide to do a story on the lawsuit.
Q: What should I do if I am eligible and interested in being a plaintiff in the lawsuit?
A: Please quickly submit the Questionnaire for Potential Plaintiffs and send us the documents requested. If you do not have the Questionnaire, please send an email to visabulletin@ailf.org, and we will send it to you. You may also fax a request to AILF LAC at (202) 742-5619. Please indicate this is a question about the visa bulletin litigation.
If you have any questions that are not answered by this FAQ or the questionnaire, please send them to visabulletin@ailf.org or fax to (202) 742-65619, and we will respond. Thank you!
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Aah_GC
06-06 12:27 PM
After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.
Congratulations and good luck!
Congratulations and good luck!
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gimme_GC2006
05-12 03:13 PM
You might want to research your options some more. Maybe, have a talk with someone who is a more senior colleague or mentor, preferably one who has an MBA.
It appears from your comment on investment banking that you haven't done your research. IBs usually recruit only from the top-10 type schools.
Good Luck!
thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.
Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)
moreover there is increased trend in acceptance of online MBA as major universities are coming online now.
It appears from your comment on investment banking that you haven't done your research. IBs usually recruit only from the top-10 type schools.
Good Luck!
thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.
Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)
moreover there is increased trend in acceptance of online MBA as major universities are coming online now.
more...
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sanju
04-04 03:49 PM
are you aware of the fact that IEEE actually lobbied to get a special quota of H1B for US-educated folks? these folks are foreigners and will definitely be competing against these "racist" ppl. Because of their principled stand, they continue to have clout.
So, only "US-educated folks" are entitled for H1? Is that what you are saying? And only that is a principled stand and rest everything is falsehood?
So, only "US-educated folks" are entitled for H1? Is that what you are saying? And only that is a principled stand and rest everything is falsehood?
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amsgc
03-16 05:40 PM
Well, the fuss is not just about the wait - it about the seemingly interminable wait. Why should there be a wait of 5-6 years to get a green card, when you can get EAD in less than 3 months, or a visa to work in less than 2 weeks?
If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?
Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?
If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?
Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?
If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
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chanduv23
07-29 01:48 PM
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Though it is unfortunate, I don't think you are understanding stuff right. If you think you have a case to fight, go ahead and do it. Consult an employment lawyer and see what can be done.
Anywhere in the world, it is always the employer who has the upper hand and you fight only if you are capable of.
It looks to me that you are venting out on the employer on this forum because you feel decieved or cheated, but the reality is that, it is just an unfortunate situation for you and all of us go through bad and frustrating times.
There are some companies who have filed EB1C left and right and employees got GCs in few months, there are companies who file EB3 for most qualified and that too when in 5th year.
A lot of physicians get future offers while they do fellowships etc... and the employer actualy files directly for GC and these folks get GC by the time their fellowships are over and they start work immediately.
Work with the situation, work with your employer, look for options, try to infleunce the system to make process better .... along the way you will see that you can achieve a lot by being positive about things.
Try to "Make things happen" rather than expecting things to happen, because things change and we all know "change is constant"
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Though it is unfortunate, I don't think you are understanding stuff right. If you think you have a case to fight, go ahead and do it. Consult an employment lawyer and see what can be done.
Anywhere in the world, it is always the employer who has the upper hand and you fight only if you are capable of.
It looks to me that you are venting out on the employer on this forum because you feel decieved or cheated, but the reality is that, it is just an unfortunate situation for you and all of us go through bad and frustrating times.
There are some companies who have filed EB1C left and right and employees got GCs in few months, there are companies who file EB3 for most qualified and that too when in 5th year.
A lot of physicians get future offers while they do fellowships etc... and the employer actualy files directly for GC and these folks get GC by the time their fellowships are over and they start work immediately.
Work with the situation, work with your employer, look for options, try to infleunce the system to make process better .... along the way you will see that you can achieve a lot by being positive about things.
Try to "Make things happen" rather than expecting things to happen, because things change and we all know "change is constant"
Canuck
02-14 08:10 PM
This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.
What WILL NOT happen? - Removal of per country quota for EB Visas!!
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
What WILL NOT happen? - Removal of per country quota for EB Visas!!
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
needhelp!
09-26 12:07 PM
I see the updated text. Good job IV folks!
But it does seem out of place because the whole article is about H1..
But it does seem out of place because the whole article is about H1..
