BharatPremi
07-06 11:26 AM
Guys,
Here are my thoughts:
---------------------
There are Four group of people (Became current with July bulletin) who are affected and suffered.
1) The people whose applications reached to USCIS before 10:00 AM
07/02/07, i.e. before USCIS's new revision/update.
Note: Legally this group is the SAFEST one as their file reached to the
USCIS table on time while USCIS's first bulletin was in effect. Their
case is strong as far as "Law and Justice" is concerned.
2) The people whose applications reached on 07/02/07 but after USCIS's
declaration of new revision.
Note: This group can be fit in a category "Who did not receive ample
notice from USCIS for its intention to change the bulletin. And so
may be considered "Probable beneficiaries" by the judiciary
3) The people whose applications reached or will reach to USCIS from any
time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.
Note: This group will have a "Strongest" weak argument and case. Their
act of sending files perhaps may not be considered "Law-abiding" as
they have already received ample notice from USCIS and clear
statement of USCIS about "Rejecting applications upon receiving"
then also this group sent the applications.
4) The People who will not send applications at all with respect to the
USCIS's revision.
Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
be considered "Law-abiding" and who acted as per USCIS's
instruction within the periphery of respecting legal authority.
Now other points to be noted are as under:
-----------------------------------------
DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what is stressed on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a weak case. Now USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS declared "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".
Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.
Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out or everybody looses it. Same argument goes for people who are not filing. By not filing they are obeying the legal instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....
If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able to save its own face and limit on visa numbers will automatically send whole bunch of files for eating the dust for years.
I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)
Any thoughts?
Here are my thoughts:
---------------------
There are Four group of people (Became current with July bulletin) who are affected and suffered.
1) The people whose applications reached to USCIS before 10:00 AM
07/02/07, i.e. before USCIS's new revision/update.
Note: Legally this group is the SAFEST one as their file reached to the
USCIS table on time while USCIS's first bulletin was in effect. Their
case is strong as far as "Law and Justice" is concerned.
2) The people whose applications reached on 07/02/07 but after USCIS's
declaration of new revision.
Note: This group can be fit in a category "Who did not receive ample
notice from USCIS for its intention to change the bulletin. And so
may be considered "Probable beneficiaries" by the judiciary
3) The people whose applications reached or will reach to USCIS from any
time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.
Note: This group will have a "Strongest" weak argument and case. Their
act of sending files perhaps may not be considered "Law-abiding" as
they have already received ample notice from USCIS and clear
statement of USCIS about "Rejecting applications upon receiving"
then also this group sent the applications.
4) The People who will not send applications at all with respect to the
USCIS's revision.
Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
be considered "Law-abiding" and who acted as per USCIS's
instruction within the periphery of respecting legal authority.
Now other points to be noted are as under:
-----------------------------------------
DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what is stressed on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a weak case. Now USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS declared "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".
Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.
Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out or everybody looses it. Same argument goes for people who are not filing. By not filing they are obeying the legal instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....
If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able to save its own face and limit on visa numbers will automatically send whole bunch of files for eating the dust for years.
I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)
Any thoughts?
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pbojja
05-21 04:32 PM
My I140 is pending at TSC from Apr 2007. No RFE. Called the CS and opened an SR in jan 08 and i got the standard reply. My Attorney opened another SR in May. Hoping to get some information on my case from TSC this time
I think all these processing times are unreal and who knows how they process these cases (may be GOD)
You are right , Its like a lottory now . I know a freind who applied in August 07got his 140 approved ...
How about forming a group whose dates are beyond processing times and send them to Ombudsman ... Problem with this is no one particaptes hoping next month my case will be approved ... I think only choice is praying to God so CIS can find our files
I think all these processing times are unreal and who knows how they process these cases (may be GOD)
You are right , Its like a lottory now . I know a freind who applied in August 07got his 140 approved ...
How about forming a group whose dates are beyond processing times and send them to Ombudsman ... Problem with this is no one particaptes hoping next month my case will be approved ... I think only choice is praying to God so CIS can find our files
BharatPremi
10-24 05:09 PM
july 2nd filer
http://www..com/discuss/485eb/63774255/
Yep, It is luck nothing else...
http://www..com/discuss/485eb/63774255/
Yep, It is luck nothing else...
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Jitamitra
07-19 04:16 PM
I think most important things you need to consider: (Considering the fact that PD will be pushed back to stone ages in September Bulletin)
a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).
b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.
c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.
d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).
I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.
Hope, USCIS would allow filing for dependents at a later stage even your PD is not current. :confused:
a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).
b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.
c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.
d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).
I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.
Hope, USCIS would allow filing for dependents at a later stage even your PD is not current. :confused:
more...
sanju
07-11 01:41 AM
These USINPAC folks are shameless creatures who will take credit for the sun shining tomorrow morning. Lets send this guy Sanjay Puri, Robinder Sachdev and his fraudsters team a dictionary so that he knows how to spell IMMIGRATION correctly even if he has some malicious thoughts and actions in his mind. All they are good at is to do photo oppotunities and do these frauds where they claim to have worked or be working on an issue. I can also do the fund raisers and get photos taken. But there is where it stops with USINPAC. The politicians walk away with the money and turn their back on them and these guys start looking for the next politician to do a fund raiser for and get photo opportunity. How much more foolish can this get?
I agree with you 100%. I think Anti-Immigrants like NumbersUSA and Tom Tancredo is better than USINPAC. For Anti-immigrants atleast we know where they stand and we know what to expect from them. usinpac is the worst kind of disease for the community where they can trick you anytime and you will not even know when they are stabbing you at your back. They just want to do photo-ops and claim the credit for the things they didn't even know. I live in VA and most people in Indian community in northern VA know about the inside story of these scamster. Initially a few lawmakers got the impression that usinpac represent the Indian American community, maybe that is what the con-artist at this org conveyed to a few lawmakers. Now everybody in DC area, including the lawmakers, know the truth about this group. A journalist friend in MD told me that even press and reporters know about this totally useless org called usinpac.
It is one thing if they do something and then claim credit for doing it. The problem is first of all they claim to represent entire Indian American community; on top of that they do not do anything about the any issue including green card issue. But when they see something happening they will try to take ownership of anything moving and will try to make a show that things are moving because of them. Just as in this case, all the members of IV sent flowers and these guys are releasing press release to tell to the world that they are the once doing this drive. Such press release from them is extremely damaging as the basic intent of the ENTIRE flower campaign was o draw media attention. In this case usinpac did not spare all the people spending days and nights to coordinate, Nixtor and English_august and thousands of people who sent flowers. How can someone stoop so low? Now they want to get media attention and that is why they have sneaked in this press release. IV core must come clean on this and clearly renounce these consistent immature acts of these con-artists. This org with extremely bad reputation and we must stay as far away from them as possible.
I agree with you 100%. I think Anti-Immigrants like NumbersUSA and Tom Tancredo is better than USINPAC. For Anti-immigrants atleast we know where they stand and we know what to expect from them. usinpac is the worst kind of disease for the community where they can trick you anytime and you will not even know when they are stabbing you at your back. They just want to do photo-ops and claim the credit for the things they didn't even know. I live in VA and most people in Indian community in northern VA know about the inside story of these scamster. Initially a few lawmakers got the impression that usinpac represent the Indian American community, maybe that is what the con-artist at this org conveyed to a few lawmakers. Now everybody in DC area, including the lawmakers, know the truth about this group. A journalist friend in MD told me that even press and reporters know about this totally useless org called usinpac.
It is one thing if they do something and then claim credit for doing it. The problem is first of all they claim to represent entire Indian American community; on top of that they do not do anything about the any issue including green card issue. But when they see something happening they will try to take ownership of anything moving and will try to make a show that things are moving because of them. Just as in this case, all the members of IV sent flowers and these guys are releasing press release to tell to the world that they are the once doing this drive. Such press release from them is extremely damaging as the basic intent of the ENTIRE flower campaign was o draw media attention. In this case usinpac did not spare all the people spending days and nights to coordinate, Nixtor and English_august and thousands of people who sent flowers. How can someone stoop so low? Now they want to get media attention and that is why they have sneaked in this press release. IV core must come clean on this and clearly renounce these consistent immature acts of these con-artists. This org with extremely bad reputation and we must stay as far away from them as possible.
gc_on_demand
06-02 05:54 PM
As OBAMA is going to have meeting this monday it will clear lots of things for us.
Biggest one is if there will be a CIR or not ? if yes then what is time frame.
if he signals yes for CIR discussion ( I am not saying passing ) then all these bills will be crap. and we should start lobby and advocay. If he doesnot think for CIR for year or two then we can push for this one as we will not have any agenda left. ( Except same and simmilar job )
Biggest one is if there will be a CIR or not ? if yes then what is time frame.
if he signals yes for CIR discussion ( I am not saying passing ) then all these bills will be crap. and we should start lobby and advocay. If he doesnot think for CIR for year or two then we can push for this one as we will not have any agenda left. ( Except same and simmilar job )
more...
ssingh92
03-15 10:44 AM
Thanks xlr8r!! I am filing today. Dont have I140 receipt number.
Did your luck shine !!!!
Did your luck shine !!!!
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a1b2c3
10-02 09:26 PM
http://immigrationvoice.org/forum/showthread.php?t=21833
more...
gk_2000
04-19 10:37 AM
Again the same Obama moonwalk show? No thanks. I dont think anybody will buy the ticket
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hopefulgc
04-02 06:40 PM
i don't think the monkey who is employed to pick out the visa bulletin that way way will be too excited about this proposition. Proceed only if you wish to incur his wrath :D:D:D:D
Maybe we need to make up a set of cards with priority dates for each EB category and have a parrot pick it up.
I think we may be able to predict much better that way. :D
Maybe we need to make up a set of cards with priority dates for each EB category and have a parrot pick it up.
I think we may be able to predict much better that way. :D
more...
kumjay
06-24 11:20 PM
There is one more option for you. H1 and L1 employees can go on long paid/unpaid leaves. If her company can support with document that she was on an unpaid leave for any reason (I do not know the reasons...make something) then there are chances that she will be able to change her status back to H4. All you have to prove that there was a good faith employee employer relationship for that particular duration. Talk to a lawyer, explain the situation..........every passing day is making your situation worse. Good Luck.
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vinodp1978
06-28 01:47 PM
Thanks .wellwishergc
more...
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krishmunn
05-10 10:07 AM
So the question still remains. Which is better school for MS with a little lesser load on the pocket.
I wonder why every dicussion has to take a E2 vs E3, regional discrimination and other such things. Can't we have a proper engaging, fruitful discussion on any topic. Learn to respect and appreciate others. In God's scheme of things nobody is greater or smaller.
Good luck.
If someone is looking for a Masters just to upgrade to EB2, any accredited program will do. Verify the accreditation (of school and program) using the link which I posted earlier
I wonder why every dicussion has to take a E2 vs E3, regional discrimination and other such things. Can't we have a proper engaging, fruitful discussion on any topic. Learn to respect and appreciate others. In God's scheme of things nobody is greater or smaller.
Good luck.
If someone is looking for a Masters just to upgrade to EB2, any accredited program will do. Verify the accreditation (of school and program) using the link which I posted earlier
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sdrblr
08-25 01:52 PM
Well, there you go. Good news to sdrblr.
Whats the good news to me :confused:
Whats the good news to me :confused:
more...
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ganip
03-18 04:01 PM
Did anyone of you use AP to come back and the name is not correct, i have a situation where my
middle name is missing one alphabet and i am worried if that would be an issue while coming back from India.
middle name is missing one alphabet and i am worried if that would be an issue while coming back from India.
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chansek
08-28 06:54 PM
I am happy to share good news, today My EAD status changed to CPO.
Efiled EAD on June 23, 2008
FP done on July 18, 2008,
Card Production Ordered On Aug 28, 2008.
Efiled EAD on June 23, 2008
FP done on July 18, 2008,
Card Production Ordered On Aug 28, 2008.
more...
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dixie
07-22 10:41 AM
I am from India and I have worked in the USA for the last 6 years. I have immigrated to Canada with a Job 6 months back to avoid overystaying. My experience in Canada is very bad. I am a MCAD and Sun Certifitied Developer having more than 8 years experience. I am looking for a job for more than 3 months in Canada and still not able to get a job. There is lots of racism here and people are not polite. I have been regularly applying for .NET jobs and the response is very bad. Maybe because I am from India. Try avoiding Canada as much as you can.
Which part of Canada are you talking about ? you may be right about the difficulty in finding jobs, but the "politeness" and "racism" part I just dont understand. From my experience of canada (BC and ontario) I can say on the whole people there were much more polite and helpful than anywhere in the US. As for racism, it exists in every country - even in the US, especially in rural areas of the south.
Which part of Canada are you talking about ? you may be right about the difficulty in finding jobs, but the "politeness" and "racism" part I just dont understand. From my experience of canada (BC and ontario) I can say on the whole people there were much more polite and helpful than anywhere in the US. As for racism, it exists in every country - even in the US, especially in rural areas of the south.
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gcpool
05-24 03:56 PM
Since the application is no longer based on an employer, then I guess you can change jobs any time. And so you dont need AC21.
Its totally based on the applicant. You have to earn the points to get a greater possibility to get it approved (Do an MS, get higher score in TOFEL, more experience in the US and yes hope your sibling gets his/her GC before you)
Also you dont need to deal with incompetent lawyers and the employers no longer have control over you.
The question that arises is that an application is valid for 3 years then its deemed denied. Does that mean you cant try again because you did not make it in the quota for that time period. And does it mean you have to go back.
Please correct me if I am wrong
Its totally based on the applicant. You have to earn the points to get a greater possibility to get it approved (Do an MS, get higher score in TOFEL, more experience in the US and yes hope your sibling gets his/her GC before you)
Also you dont need to deal with incompetent lawyers and the employers no longer have control over you.
The question that arises is that an application is valid for 3 years then its deemed denied. Does that mean you cant try again because you did not make it in the quota for that time period. And does it mean you have to go back.
Please correct me if I am wrong
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mihird
09-15 07:14 PM
It is a public Forum. It is created for sharing ideas among the members. The success story of mr Reddy will give inspiration to other members to be successful. His information was realy helpful to lot of people.If it helps to anybody ,why do you want to stop this discussion ? If you are not comfortable with this,you don't need to read this thread ! OK ?
It is created to sharing ideas among members - to resolve immigration matters - not to discuss other topics like real estate investments etc. It is okay to quote one's or someone else's progress in financial matters in the context of his/her immigration status, but to make a complete turn and just discuss the specifics of financial investments etc. doesn't have a place on this forum.
My 2 cents..
It is created to sharing ideas among members - to resolve immigration matters - not to discuss other topics like real estate investments etc. It is okay to quote one's or someone else's progress in financial matters in the context of his/her immigration status, but to make a complete turn and just discuss the specifics of financial investments etc. doesn't have a place on this forum.
My 2 cents..
walking_dude
12-12 10:52 AM
I always cleaned my room, in India and here. What's wrong with that? Infosys founder Narayan Murthy cleans his own toilet (as per his own admission to a newspaper). Does it make him an 'inferior' person to you? Don't you vacuum your room every weekend? Does that make you any lesser person? Ever heard of dignity of labor?
You wrote - "Humans, listen, life is not 1000 years, it is very short, dont waste the best part of your life waiting for gc". So what are you doing ? Not waiting for GC? Then why are you hanging around? There are good opportunities back home . Those sitting in deep-sh*t shouldn't be throwing muck at others stuck in the same sh*t.
I am sure most of us here (especially from India) were pampered and did not even clean their own study desks or rooms of their house when they were young, now they are ready to sweep the roads of a foreign country to get the foreign government attention to get their gc :)
Humans, listen, life is not 1000 years, it is very short, dont waste the best part of your life waiting for gc.
You wrote - "Humans, listen, life is not 1000 years, it is very short, dont waste the best part of your life waiting for gc". So what are you doing ? Not waiting for GC? Then why are you hanging around? There are good opportunities back home . Those sitting in deep-sh*t shouldn't be throwing muck at others stuck in the same sh*t.
I am sure most of us here (especially from India) were pampered and did not even clean their own study desks or rooms of their house when they were young, now they are ready to sweep the roads of a foreign country to get the foreign government attention to get their gc :)
Humans, listen, life is not 1000 years, it is very short, dont waste the best part of your life waiting for gc.
GT7481
07-20 03:34 PM
Why do we even have to ask about Jul 2nd acceptance. I feel if you ask them they deliberately try to misguide you. Isnt the day Jul 2 a part of July month?? Since the previous July bulletin has be reinstated, in fact people who filed on Jul 2 should be at the top of the list in terms of getting receipt notices etc...
Because the IO specifically asked me when my Application reached the USCIS and also when i maile dit out
Because the IO specifically asked me when my Application reached the USCIS and also when i maile dit out
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