susie
07-28 02:44 PM
update on case
As you know they should have answered law suit at end of May 07, then requested a further 30 days till end of Jun
Just before end of june their attorney called my attorney and said they want a resolution to case, they had little to no paperwork so requested our file which I hand delivered to Tampa on 6th July 07, so asked for another 30 days to end July
Well they have replied and agreed with 90% of our case. they say case is moot because my husband died, but my attorney says no, because they errored whilst husband was alive so irrelevant. They are also saying we cannot sue them, my attorney says there wrong
Anyway I will not bore you with all the details as I now have to do a lot of work, indexing, getting proof my son was issued an L2 visa (they are denying this), getting proof my son took steps to immigrate, which we have as he had INS medical well before his 21st
My attorney says if we win this will help so many others cases from aging out and to be strong, very hard to do at the moment.
Oh and they do not believe I am depressed, but I have the tablets and pescription to prove
And they do not believe my son is his fathers natural son, what b---tards, just cos I did not submit his birth certificate
As you know they should have answered law suit at end of May 07, then requested a further 30 days till end of Jun
Just before end of june their attorney called my attorney and said they want a resolution to case, they had little to no paperwork so requested our file which I hand delivered to Tampa on 6th July 07, so asked for another 30 days to end July
Well they have replied and agreed with 90% of our case. they say case is moot because my husband died, but my attorney says no, because they errored whilst husband was alive so irrelevant. They are also saying we cannot sue them, my attorney says there wrong
Anyway I will not bore you with all the details as I now have to do a lot of work, indexing, getting proof my son was issued an L2 visa (they are denying this), getting proof my son took steps to immigrate, which we have as he had INS medical well before his 21st
My attorney says if we win this will help so many others cases from aging out and to be strong, very hard to do at the moment.
Oh and they do not believe I am depressed, but I have the tablets and pescription to prove
And they do not believe my son is his fathers natural son, what b---tards, just cos I did not submit his birth certificate
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hypersphere
01-03 05:25 PM
I am going back, but GC is only to keep the door open incase I have difficulty in india and decide to return back to US. In mean time, I will switch jobs on my H1B extensions. ..
prinive
07-06 01:38 PM
That is what my law firm told me. Just an FYI.. I did file my I485 in june. Today I called the law firm to check whether they got my Receipt number. That is when I was told this. I wish that is true. Usually they give accurate info. They even told me that July VB will be revised (within 10 days after the release.) So I wish this time also this becomes true so every one can be benifited.
When you come with such statement please give source?
When you come with such statement please give source?
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satishku_2000
07-05 05:21 PM
In which state you are? Did you call your senators , if yes please put the name of state and senators name here..so I can match with my list and tell you that whether I called them or not.
Boxer , Feinstein senators of CA , I called Lofgren , Gary miller (R) 42nd district of CA and Just spoke with NYtimes reporter on the follow up story ...:)
Boxer , Feinstein senators of CA , I called Lofgren , Gary miller (R) 42nd district of CA and Just spoke with NYtimes reporter on the follow up story ...:)
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pappu
06-10 11:28 AM
snhn
what is a DWI?thanks.
Drunk With ImmigrationVoice. :D
what is a DWI?thanks.
Drunk With ImmigrationVoice. :D
amitpan007
08-26 11:57 AM
I have a loan with LIC. The rates are pretty good and no-prepayment penalty if paid using NRI funds only. Took some time to set all this up. Definitely need a local person to carry out all the paperwork and good support from the builder. Their email system is not very efficient. Tried with HDFC before this in Hyd and had lots of problems getting the loan even after contacting the CEO.
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nk2006
10-21 05:24 PM
Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
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gene77
03-20 12:43 PM
Folks,
I'm on H1 and my wife is on H4. We have both got our EADs and have visa stamps till Jun 2010.
Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?
If yes, then can she travel on AP while I'm still on H1 visa?
If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?
Thank you very much!
I'm on H1 and my wife is on H4. We have both got our EADs and have visa stamps till Jun 2010.
Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?
If yes, then can she travel on AP while I'm still on H1 visa?
If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?
Thank you very much!
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dtekkedil
10-01 04:26 PM
I am curious..
why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?
I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?
thanks,
There is no law to allow re-capture of visa numbers as of yet. In fact it says the opposite in the existing laws - That the visa numbers may not be re-captured.
There has been one case of visa recapture law passed during the Clinton administration and they did not allow a rollover recapture (I believe they recaptured the visa numbers that were lost between 1995 and 2000 only (please correct me if I am wrong about the years))
why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?
I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?
thanks,
There is no law to allow re-capture of visa numbers as of yet. In fact it says the opposite in the existing laws - That the visa numbers may not be re-captured.
There has been one case of visa recapture law passed during the Clinton administration and they did not allow a rollover recapture (I believe they recaptured the visa numbers that were lost between 1995 and 2000 only (please correct me if I am wrong about the years))
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franklin
09-10 12:13 AM
and i am NOT the real Lou Dobbs. But in all seriousness guy, I think we really have to wake up. We are illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
Speak for yourself, I'm totally legal
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
Speak for yourself, I'm totally legal
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waitforevergc
06-11 10:18 AM
All,
When this July bulletin was released, I had given the following points in that thread.
I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
Enough is enough. I have self respect.
Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
I am seriously thinking about going back to India. The reasons I was proding over are:
1. Well.. first and foremost, no hope of visa movement in near future.
2. Employer uncertainty. The company is not doing too well.
3. Tough job market and US economy will drag like this for another 2-3 years.
4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
5. Restart GC again which is another excruciating process - moneywise, timewise.
6. Wait again in the line for visa movement
7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
8. Cannot even think of having kids because job and life here is hanging by a thread.
9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
10. India is doing well and going to to do well in the future.
Is anyone else thinking on these lines?
When this July bulletin was released, I had given the following points in that thread.
I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
Enough is enough. I have self respect.
Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
I am seriously thinking about going back to India. The reasons I was proding over are:
1. Well.. first and foremost, no hope of visa movement in near future.
2. Employer uncertainty. The company is not doing too well.
3. Tough job market and US economy will drag like this for another 2-3 years.
4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
5. Restart GC again which is another excruciating process - moneywise, timewise.
6. Wait again in the line for visa movement
7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
8. Cannot even think of having kids because job and life here is hanging by a thread.
9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
10. India is doing well and going to to do well in the future.
Is anyone else thinking on these lines?
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ItIsNotFunny
10-21 04:41 PM
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
I understand what you say but interpretation differs from IO to IO. It still goes to chances....
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
I understand what you say but interpretation differs from IO to IO. It still goes to chances....
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ItIsNotFunny
12-17 03:24 PM
I think most of the members in this forum updated their data, at least from EB3 India I am sure. If you guys can pull data according to PD from administration console, you should be able get some valuable data to show. I wondered why this has not been done so far??? million dollar question???
Do we have any data available from FOIA request? Anyone?
Do we have any data available from FOIA request? Anyone?
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saimrathi
07-19 02:23 PM
Why dont you tell us when we will get the GC .. since you already knew what they were going to do about the July VB.. :rolleyes:
This is what I heared even before the flower campaigns started.
Originally Posted by prinive
it seems they are planning to honor the July VB and make chanes in Aug VB. So I guess they will accept the applications in July.
This is what I heared even before the flower campaigns started.
Originally Posted by prinive
it seems they are planning to honor the July VB and make chanes in Aug VB. So I guess they will accept the applications in July.
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vallabhu
01-05 02:38 PM
Looks like it is random, it may also depend on the service where it is applied from, Mine is from vermont, Nov 2003 received the 45 letter, I have another one from Atlanta June 2004 did not receive the 45 day letter.
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kopra
05-02 09:43 AM
yes...it would have been nice if we got the stimulus pakage with this situation of spouse on H4/ITIN. I called my congresswomen and wrote a letter to IL Senator(obama) to let her/him know this issue. I dont expect any action, but since they are aware of this situation, may be next time when they give this pakage( may be 10 years from now) they will include H4's
Many H1s like me have their non-working spouses on H4 visa who are not given SSNs. Do we not pay taxes ? Do we not pay Social security ? We do, and therefore we should also be eligible for the Stimulus package. Indeed my son is autistic and disabled but we are not eligible for any kind of aid but we pay tons of taxes and social security. It is highly non-justified think. I know people will argue a lot if it is compared to slavery. But it is a "modern form of slavery". Yes, we are in this country with our own will but that is what they are making use of.
Many H1s like me have their non-working spouses on H4 visa who are not given SSNs. Do we not pay taxes ? Do we not pay Social security ? We do, and therefore we should also be eligible for the Stimulus package. Indeed my son is autistic and disabled but we are not eligible for any kind of aid but we pay tons of taxes and social security. It is highly non-justified think. I know people will argue a lot if it is compared to slavery. But it is a "modern form of slavery". Yes, we are in this country with our own will but that is what they are making use of.
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ramus
07-06 01:01 PM
I think it is made up statement from your lawyer.. Can you ask him about lnew ink on AILA..
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
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a1b2c3
12-11 09:47 PM
for the first time (in 5 years that I have been tracking them) the visa bulletin looks like it was "made in America". The america of old, the one that is so organized that every official form includes an estimated time on how long it takes to fill it up. The one where every street has a clear name marker, every intersection has multiple stop lights, multiple signs. Where the little cats-eyes on the road are color coded[1] Where lines form automagically when a bunch of people converge on anything. Where you can go to any .gov site and pick up whatever statistics you want on anything from agriculture, to factories, to healthcare.
This is a nation built on documentation and organization.
For the first time the visa bulletin does not look like some discarded bingo card or four monkeys getting excited on a typewriter. For the first time the numbers make sense, they explain why they are what they are. They even put our prediction threads out of business by coming out with their own set of predictions for the rest of the year.
USCIS has had data like this for eons (how many cases pending in which category and from which country). It took the usual american obsession with data and organizing data to come out with all this.
Kudos to them.
Things remain bleak, but just to see something so neatly organized and put out was heartening to me.
P.S: and no, this is not them just doing their job. Their job is to put out the dates every month (like they have been doing for atleast over a decade). To clearly spell out how many cases are pending (like their recent report), and now to predict how these dates will move, is IMO going beyond the minimum requirements of the job, and is much appreciated.
[1]: blue meaning a firehydrant, yellow as a separator of lanes in different directions, white in the same direction, red is dont enter. found the meaning of the blue one recently, and was impressed. atleast in CA this is what they are.
Nice observations.
This is a nation built on documentation and organization.
For the first time the visa bulletin does not look like some discarded bingo card or four monkeys getting excited on a typewriter. For the first time the numbers make sense, they explain why they are what they are. They even put our prediction threads out of business by coming out with their own set of predictions for the rest of the year.
USCIS has had data like this for eons (how many cases pending in which category and from which country). It took the usual american obsession with data and organizing data to come out with all this.
Kudos to them.
Things remain bleak, but just to see something so neatly organized and put out was heartening to me.
P.S: and no, this is not them just doing their job. Their job is to put out the dates every month (like they have been doing for atleast over a decade). To clearly spell out how many cases are pending (like their recent report), and now to predict how these dates will move, is IMO going beyond the minimum requirements of the job, and is much appreciated.
[1]: blue meaning a firehydrant, yellow as a separator of lanes in different directions, white in the same direction, red is dont enter. found the meaning of the blue one recently, and was impressed. atleast in CA this is what they are.
Nice observations.
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SFSweta
07-11 02:15 PM
Hmmm
Administrator2
03-12 06:26 PM
All,
Please understand few basic facts.
Much of the work that we do is not on the website but behind the scene.
We need resources to carry the message to the lawmakers.
Resources are contributed by the members.
All members do not contribute, and then there are those who contribute.
We have created a specific area on the website where more serious members who are willing to open their wallets, could actively participate, and that will enable us to enlist more active members for the work that we do behind the scene.
Its just one way for us to recruit serious members to help us with more active work and at the same time help to continue with the organizational goals.
From time to time, we will also seek advice from the contributing members. And when we need more help, we will reach out to everybody on the website.
Rest of the area on the forum will continue to be the way that it is right now and every member will continue to access it the way you access it right now.
We are soon going to introduce new and more helpful features for everyone.
Which part of this is not fair? Why can't we all get along? Why do we have to argue and fight over everything?
Please, its not helping this way.
Please understand few basic facts.
Much of the work that we do is not on the website but behind the scene.
We need resources to carry the message to the lawmakers.
Resources are contributed by the members.
All members do not contribute, and then there are those who contribute.
We have created a specific area on the website where more serious members who are willing to open their wallets, could actively participate, and that will enable us to enlist more active members for the work that we do behind the scene.
Its just one way for us to recruit serious members to help us with more active work and at the same time help to continue with the organizational goals.
From time to time, we will also seek advice from the contributing members. And when we need more help, we will reach out to everybody on the website.
Rest of the area on the forum will continue to be the way that it is right now and every member will continue to access it the way you access it right now.
We are soon going to introduce new and more helpful features for everyone.
Which part of this is not fair? Why can't we all get along? Why do we have to argue and fight over everything?
Please, its not helping this way.
pbp
05-24 10:36 AM
In suport of the view they are totally chaotic: RIR here, priority date is in April 2002, 45-day letter was received & replied to in February 2005 (15+ months ago), heard nothing from them since then. Lawyer started process for 7th year extension.
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