addsf345
12-01 02:16 PM
1. MTR -USCIS fee$585, Lawyer fee vary between $750 to $3500. Dependents another $500 extra in lawyer fee
2. US court no idea - but RG website says they take cases free of charges if case is strong as they can get attorney fee from USCIS..
Do you mean the district court asks cis to compensate candidate??? I have never heard this - wondering!!! Don't think its true!
2. US court no idea - but RG website says they take cases free of charges if case is strong as they can get attorney fee from USCIS..
Do you mean the district court asks cis to compensate candidate??? I have never heard this - wondering!!! Don't think its true!
imv116
07-15 08:38 PM
Let�s wait until tomorrow to see the outcome of the big announcement. Based on the outcome lets plan a rally around LA downtown City hall on Saturday 21st July, 2007.
I stay close to downtown and I can co-ordinate all the activities. I can do the conference call or some one among us can co-ordinate to do that.
Any help from San Jose chapter members would be great.
-imv116
I stay close to downtown and I can co-ordinate all the activities. I can do the conference call or some one among us can co-ordinate to do that.
Any help from San Jose chapter members would be great.
-imv116
swadeshi
08-10 11:14 PM
As per the tracking no. given by my lawyer, my app also received at 7.55 AM on July 2nd, signed by R.Williams , but my check not cashed yet, no receipts yet, what a mess....
I know a friend whose application was recieved at 10:45 AM on July 2nd at NSC, he got the receipt number in July III week, our application was received at 8:26 AM on july 2nd, nothing till date, checks haven't been cashed...no updates!!
So dunno how they are picking the applications, anyways there is good news that they are working on the July 2nd applications, and more & more of us are receiving the receipts numbers.:)
I know a friend whose application was recieved at 10:45 AM on July 2nd at NSC, he got the receipt number in July III week, our application was received at 8:26 AM on july 2nd, nothing till date, checks haven't been cashed...no updates!!
So dunno how they are picking the applications, anyways there is good news that they are working on the July 2nd applications, and more & more of us are receiving the receipts numbers.:)
gk_2000
08-23 11:06 AM
No dear friend...what if you are already inside this country and waiting for 10 years. Even if you become a manager in these companies, you wont be eligible as you had to have at least one year outside the country. So progressing not going to help. How about a person who is less qualified, less experienced getting GC in six months when you wait for 5-10 years. Its not about jealous, its about fairness and justice. Dont bring in EB2-EB3 here. We are all in this sh*&t togather.
At the end of the day what matters is you have an option open via this route. It is your personal choice if you would rather wait here 10 years or work in your home country for 1 year. Why shut a door that's meant for you? Opportunity is very hard to come by
At the end of the day what matters is you have an option open via this route. It is your personal choice if you would rather wait here 10 years or work in your home country for 1 year. Why shut a door that's meant for you? Opportunity is very hard to come by
more...
Caliber
03-12 12:58 PM
I support the donor idea. But there is no transperency to who is leading what initative. If i want to contribute my time, i have to read through the posts every day for several hours to find who is leading the effort so i can discuss with them. Sometimes i feel there is so much more talk. Why don't we list out the initiatives that is being considered or worked on. Along with some contact information so people can discuss offline with them. I cannot be online for several hours and read through all the discussions and still not find out who is coordinating the efforts.
Dear Vin13,
Thanks for the idea. May I request you to please inform every one here, number of hours that you can spend volunteering for IV? I ONLY contributed DOLLARS, but never contributed TIME and I feel ashamed of that. There are many people who have contributed both dollars and time.
If you promise some time volunteering to IV for all the ideas that you listed, I am PROMISING to contribute DOLLARS for you. Are you ready? If so, please send email to IV core.
Thanks again for the idea.
Dear Vin13,
Thanks for the idea. May I request you to please inform every one here, number of hours that you can spend volunteering for IV? I ONLY contributed DOLLARS, but never contributed TIME and I feel ashamed of that. There are many people who have contributed both dollars and time.
If you promise some time volunteering to IV for all the ideas that you listed, I am PROMISING to contribute DOLLARS for you. Are you ready? If so, please send email to IV core.
Thanks again for the idea.
lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
more...
santb1975
05-25 02:31 PM
The amendments were on the senate side and the HR bills are from the house side. Please contact your state chapter lead (walking_dude for MI) for updates and find out what's happening. We have lot of work to do and we really need volunteers. I am unable to post any info. on this public forum which is open to the world.
so the amendmants which were linked to war bill are differant than all this HR bills.....?
so the amendmants which were linked to war bill are differant than all this HR bills.....?
addsf345
12-04 05:40 PM
addsf345, did you get the answers? if yes, please share. Thanks much.:)
Well, find them below.
1. Will this immediately cancel my EAD? if so, I may have to resign.
EAD most likely doesn't get cancelled immediately. Find a post by 'lazycis' on this thread. Even if it gets, which is rare, one can still continue working on EAD. I know this sounds not right, but again search this thread. This is confirmed by few replies and ref links are provided to RG's website.
2. If I continue working while filling for MTR, will it be illegal?
again... look for links to RG's website for this. As per RG, this is considered as something 'beyong applicant's control' i.e. an applicant has nothing illegal, but CIS committed an error, so an applicant can not be punished for CIS error. My personal opinion is, it is always much safer if you have a good experienced immigration attorney on your side.
3. How much it costs to go thru' MTR process? How long it takes?
Most likely 60 - 90 days. Costs can vary, but it is not really really high.
again, like most ppl say in their signature, I am not a lawyer. So take professional advice first.
Well, find them below.
1. Will this immediately cancel my EAD? if so, I may have to resign.
EAD most likely doesn't get cancelled immediately. Find a post by 'lazycis' on this thread. Even if it gets, which is rare, one can still continue working on EAD. I know this sounds not right, but again search this thread. This is confirmed by few replies and ref links are provided to RG's website.
2. If I continue working while filling for MTR, will it be illegal?
again... look for links to RG's website for this. As per RG, this is considered as something 'beyong applicant's control' i.e. an applicant has nothing illegal, but CIS committed an error, so an applicant can not be punished for CIS error. My personal opinion is, it is always much safer if you have a good experienced immigration attorney on your side.
3. How much it costs to go thru' MTR process? How long it takes?
Most likely 60 - 90 days. Costs can vary, but it is not really really high.
again, like most ppl say in their signature, I am not a lawyer. So take professional advice first.
more...
p1234
09-14 05:47 PM
Dost.. tum to bade hi budhu ho.... dawa karao apne dimag ki.... ya ho sakta hai ki tum EB3 ho.
Needless to say.. u are not very intelligent.
I will see how you react when the entire 12 million illegals get chance to file in EB3 and your Eb3 bulletin dates goes to 1968.
Don't put EB3 down, you call yourself a doctorate and yet keep farting around.
Needless to say.. u are not very intelligent.
I will see how you react when the entire 12 million illegals get chance to file in EB3 and your Eb3 bulletin dates goes to 1968.
Don't put EB3 down, you call yourself a doctorate and yet keep farting around.
lonedesi
08-14 02:25 PM
Has any of the members who sent out the letter & Form received any response from Ombudsman's office. Please post as and when you receive any response.
more...
yabadaba
07-06 01:13 PM
there is a new post on aila
"July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability"
members only
"July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability"
members only
sanjeev_2004
09-28 10:17 PM
USCIS don’t understand how desperately we need GC to get rid of these Middle client suckers. We are counting every day and they are just careless about their job.
more...
.JPG "their famous asam Laksa.")
willwin
06-11 11:49 AM
anyone wants to guess as to when EB3(I) will reach 2003 Dec. I know it is long long time away but it has to reach that date some time in the future.
Going by what has happened this year, assuming no legislation relief in the near future, dates are NOT going to move forward for EB3 for a very long time. The movement would be slow for EB2 I as well.
Reason, USCIS would have more resources (available) starting next FY and also if they were able to use up all VISA numbers in a FY when they had to handle several hundred thousands of EAD/AP besides naturalization cases, starting next year it is going to be an easy bet for them. So, the dates would move forward very slowly (with all the new I140 approvals coming in).
However, if there was any legislation relief, then it would be a different ball game altogether. May be we will see a repeat of 2002-2004 when all categories were current.
Going by what has happened this year, assuming no legislation relief in the near future, dates are NOT going to move forward for EB3 for a very long time. The movement would be slow for EB2 I as well.
Reason, USCIS would have more resources (available) starting next FY and also if they were able to use up all VISA numbers in a FY when they had to handle several hundred thousands of EAD/AP besides naturalization cases, starting next year it is going to be an easy bet for them. So, the dates would move forward very slowly (with all the new I140 approvals coming in).
However, if there was any legislation relief, then it would be a different ball game altogether. May be we will see a repeat of 2002-2004 when all categories were current.
gsc999
09-10 03:19 PM
Thanks for contributing!
more...
ArkBird
09-04 05:09 PM
You are 100% right but no one thought their Labor/GC pain will last THIS long. The most unfortunate/unlucky part in this whole journey was 245(i) amnesty in 2001. This is a tsunami which choked the labor pipe (Remember the good old days of Backlog Reduction Center and quest for that elusive screen shot from the BRC for case? :) ) & imbalanced the demand/supply equilibrium for EB3. This is the reason the variable of priority date became constant and stuck to 2001..
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
amits
07-18 10:20 PM
Good to see more and more people contributing.
Come on people, now we are in the same boat.
For many of us, GC journey is just started. All of us have seen how difficult it was to cross the first tide that shattered our lives for 15 full days - can we forget the 15 days of darkness (2nd-17th July)?... We've heard the agonizing stories of those who're on this boat for years now. With the backlogs and all, this journey is far from over from them too..
This journey will have many more painful and frustrating tides...
We have many adversaries who are united and resolved not to let us succeed.
IV rescued us this time, it helped us in overcoming the first tide.
Now we need to strengthen it for the future. Your small contributions made today will go long way.
Just imagine, if we are successful in making a change that allows using 200000 wasted visa numbers, then it can shorten the wait time by, probably, an year or two. And this is just one example. Legal immigration system requires many more improvements. It will not happen unless we've some representation and unity. IV provided that platform to us.
If we're not united and potent, then many bills are waiting to harm us. There are big-shot politicians, media people and groups who are doing whatever they can to harm us. We've witnessed and they've not stopped it. They are relentless..
We cannot be a sitting duck for them.
Lets contribute to strengthen IV - our group, our support and our united front in this tidy and turbulent GC journey.
GUYS, PLEASE CONTRIBUTE GENEROUSLY!!
Now, we have a VOICE - ie ImmigrationVoice ...
Strengthen it, so that those making decisions can hear our problems - LOUD and CLEAR.
FRIENDS, PLEASE CONTRIBUTE.... !!!
You guys are awesome.. !!
THANKS!!!
Come on people, now we are in the same boat.
For many of us, GC journey is just started. All of us have seen how difficult it was to cross the first tide that shattered our lives for 15 full days - can we forget the 15 days of darkness (2nd-17th July)?... We've heard the agonizing stories of those who're on this boat for years now. With the backlogs and all, this journey is far from over from them too..
This journey will have many more painful and frustrating tides...
We have many adversaries who are united and resolved not to let us succeed.
IV rescued us this time, it helped us in overcoming the first tide.
Now we need to strengthen it for the future. Your small contributions made today will go long way.
Just imagine, if we are successful in making a change that allows using 200000 wasted visa numbers, then it can shorten the wait time by, probably, an year or two. And this is just one example. Legal immigration system requires many more improvements. It will not happen unless we've some representation and unity. IV provided that platform to us.
If we're not united and potent, then many bills are waiting to harm us. There are big-shot politicians, media people and groups who are doing whatever they can to harm us. We've witnessed and they've not stopped it. They are relentless..
We cannot be a sitting duck for them.
Lets contribute to strengthen IV - our group, our support and our united front in this tidy and turbulent GC journey.
GUYS, PLEASE CONTRIBUTE GENEROUSLY!!
Now, we have a VOICE - ie ImmigrationVoice ...
Strengthen it, so that those making decisions can hear our problems - LOUD and CLEAR.
FRIENDS, PLEASE CONTRIBUTE.... !!!
You guys are awesome.. !!
THANKS!!!
more...
eers
07-20 02:21 PM
You are forgetting spouses , EB-1 and in some cases 18+ years children.
Also quota in 2001, 2002 and 2003 was 195K and not 65 K
not every h1 guy can or will apply for GC. For example many of this big indian IT companies, with lot of H1s in hand, either dont apply GC for employees or they have very strict policies so that most dont qualify.
I know for sure , coz i am a victims of such situation :)
Also quota in 2001, 2002 and 2003 was 195K and not 65 K
not every h1 guy can or will apply for GC. For example many of this big indian IT companies, with lot of H1s in hand, either dont apply GC for employees or they have very strict policies so that most dont qualify.
I know for sure , coz i am a victims of such situation :)
jungalee43
04-29 03:58 PM
Can there be link for FAX for the guest members? I can get about 100 people to send fax. They are members of Indian community (many are citizens) and may not have time to make phone calls. But with simple provision to send fax at one time to all these senators, I am pretty sure I can get 100 people to send faxes.
Again the provision is required for guest members who are willing to write their address and phone number.
Again the provision is required for guest members who are willing to write their address and phone number.
Jaime
09-12 05:27 PM
Bump
funny
09-11 04:35 PM
Count me in too..
GooblyWoobly
03-18 03:16 AM
The upper limit should be on a per state basis, at the very least. 150K AGI in CA is not much of a deal. Pretty much all double income families will cross that limit, and quite a few single income ones. Bummer!!:mad:
BTW, you can barely afford a Condo or a low end home in Bay Area for 150k AGI.
Not surprising. People who earn $75K (single) or $150K (as a couple) are not the ones who drastically change their lifestyles because of recession or high gas prices. In fact these people are anyways earning much above the national average. It's the low/middle-income folks that bear the brunt of high inflation and soaring gas prices...they are the ones being goaded into spending.
Anyways, think twice before you spend the rebate foolishly. Why not send it to IV, contribute to an IRA or fund your kid's 529 plan?
Thanks,
Jayant
BTW, you can barely afford a Condo or a low end home in Bay Area for 150k AGI.
Not surprising. People who earn $75K (single) or $150K (as a couple) are not the ones who drastically change their lifestyles because of recession or high gas prices. In fact these people are anyways earning much above the national average. It's the low/middle-income folks that bear the brunt of high inflation and soaring gas prices...they are the ones being goaded into spending.
Anyways, think twice before you spend the rebate foolishly. Why not send it to IV, contribute to an IRA or fund your kid's 529 plan?
Thanks,
Jayant
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