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jsb
08-20 10:05 AM
To understand the Visa bulletin, one must first understand that it is not the USCIS that computes or post VB, it is the DOS. DOS also considers those undergoing consular processing. In this case, the dates are in favor of those doing CP as we all know that most of those who are qualified to apply for AOS have already applied.
Retrogression is a CP-friendly event.
Can one initiate CP if so chosen in I-140, but already applied for AOS?
Retrogression is a CP-friendly event.
Can one initiate CP if so chosen in I-140, but already applied for AOS?
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morchu
07-24 11:18 AM
There is one guy I know of mentioned that his 485 package was returned after the July 2nd update.
go_gc_way
01-04 04:18 PM
Posted on immigration.about.com
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888
Thanks we_can, I was searching for this thread.
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888
Thanks we_can, I was searching for this thread.
2011 Image comment: Katy Perry says
cal_dood
07-05 01:43 PM
I'll just go back to forums of the leading lady immigration lawyer....
more...
nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Imigrait
02-04 12:48 PM
CanadianIndian,
Sorry to hear about your situation.
Short answer to your question in BOLD is Yes.
Please go through this thread for further details. Also, use the search function to find further details on this forum for answer to rest of your questions.
Sorry to hear about your situation.
Short answer to your question in BOLD is Yes.
Please go through this thread for further details. Also, use the search function to find further details on this forum for answer to rest of your questions.
more...
ajthakur
07-14 06:25 PM
I filed EAD renewal on May 28 2008.
Service Center: Nebraska
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
Service Center: Nebraska
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
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addsf345
12-10 07:49 PM
you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US
don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?
Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?
Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much. This is called immigration.
Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. We are given visas as their industry need us, but they do not care if we suffer for years. It is nothing but simply 'DESCRIMINATION" based on country of birth.
Ask this question: Is it a crime to be born in certain country? Do we all have choice to do so? If it is not a crime, why we are being punished?
Do we have guts to fight that??? we can only talk about some stupid solutions like control indian population and in just next 100 years there will be no retrogression for indians. Some one would also suggest indians must not to study and remain uneducated, so you won't come here under skilled quota and voila - no retrogression!!! but the fact is, we have no unity, no guts and no willingness to stand up for our community. IV is the only effort I have seen in years in right direction.
don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?
Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?
Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much. This is called immigration.
Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. We are given visas as their industry need us, but they do not care if we suffer for years. It is nothing but simply 'DESCRIMINATION" based on country of birth.
Ask this question: Is it a crime to be born in certain country? Do we all have choice to do so? If it is not a crime, why we are being punished?
Do we have guts to fight that??? we can only talk about some stupid solutions like control indian population and in just next 100 years there will be no retrogression for indians. Some one would also suggest indians must not to study and remain uneducated, so you won't come here under skilled quota and voila - no retrogression!!! but the fact is, we have no unity, no guts and no willingness to stand up for our community. IV is the only effort I have seen in years in right direction.
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mheggade
07-14 01:22 PM
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makemygc
01-30 08:33 PM
[QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
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Rajeev
06-10 04:06 PM
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sc3
10-17 01:44 PM
Question 18 should be helpful to your situation with RD.
http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf
http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf
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rimzhim
04-04 03:43 PM
if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down
:D
:D
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thecipher5
10-13 11:21 AM
feedfront, the receipt date on my I-485 receipt notice is October 5, 2007.
My attorney had inquired with USCIS but hasn't received any response. As I mentioned earlier neither a SR, senator/congressman inquiry has helped!
I'd also send an email to NSC but got an generic message.
How can I write to USCIS director?
thank you!
thecipher5
Do you have attorney? It will be better if he/she write letter for status of the case. I had RFE in last year (around summer'09). My PD was current since Aug, but no change in the status or specific response (tried congressman, senator, SR). But, I got new RFE (medical report required) when my attorney contacted them. I don't know what triggered it, but my attorney contacted USCIS last (after I did not get any specific info from other sources).
You can write to USCIS director. Someone here in this forum wrote to director, when he did not get any progress on his SR.
What's your receipt date? I heard that they are using receipt date. I know couple of people (including myself) whose application was picked (or generated RFE) matched the pattern of receipt date not PD.
My attorney had inquired with USCIS but hasn't received any response. As I mentioned earlier neither a SR, senator/congressman inquiry has helped!
I'd also send an email to NSC but got an generic message.
How can I write to USCIS director?
thank you!
thecipher5
Do you have attorney? It will be better if he/she write letter for status of the case. I had RFE in last year (around summer'09). My PD was current since Aug, but no change in the status or specific response (tried congressman, senator, SR). But, I got new RFE (medical report required) when my attorney contacted them. I don't know what triggered it, but my attorney contacted USCIS last (after I did not get any specific info from other sources).
You can write to USCIS director. Someone here in this forum wrote to director, when he did not get any progress on his SR.
What's your receipt date? I heard that they are using receipt date. I know couple of people (including myself) whose application was picked (or generated RFE) matched the pattern of receipt date not PD.
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sri1309
09-10 06:01 PM
Its time to ask for our share.
Our strong points must be anyone legally in US for 8+ years must be granted Citizenship. We have suffered the pain, now they do something to help forget that. 5 years, should be eligible for a GC.
We must push for this. Unless you ask, why will they even bother. Doenst mean we didnt ask in the past, but we must ask what we deserve.
8 years+, worked like a dog, behaved responsibily everywhere, have good qualifications. etc etc.. what else do you need to do. We shouldnt be paying for their lapses. We must push them and also push our employers again and again and again till we get this. US is very good in many aspects, but lagging here. Unless you highlight it, unless you say ALOUD that we are not respected here, they will not hear.. We need a campaign that none is seeing or taking any initiative in the last 3 months. I see 10s of threads talking same things..
Core guys.. we need your help
Sri
$100 one time.
Our strong points must be anyone legally in US for 8+ years must be granted Citizenship. We have suffered the pain, now they do something to help forget that. 5 years, should be eligible for a GC.
We must push for this. Unless you ask, why will they even bother. Doenst mean we didnt ask in the past, but we must ask what we deserve.
8 years+, worked like a dog, behaved responsibily everywhere, have good qualifications. etc etc.. what else do you need to do. We shouldnt be paying for their lapses. We must push them and also push our employers again and again and again till we get this. US is very good in many aspects, but lagging here. Unless you highlight it, unless you say ALOUD that we are not respected here, they will not hear.. We need a campaign that none is seeing or taking any initiative in the last 3 months. I see 10s of threads talking same things..
Core guys.. we need your help
Sri
$100 one time.
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srikondoji
07-16 05:19 PM
Iam really not worried about NUMBERSUSA. More than that iam worried about senators who believed such a propaganda and opposed the bill.
Iam sure now that america is not safe in the hands of such senators who don't do their due dilligence and just believe into lobbysts.
Shame on such senators.
they are shameless liars and racists
Iam sure now that america is not safe in the hands of such senators who don't do their due dilligence and just believe into lobbysts.
Shame on such senators.
they are shameless liars and racists
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06-10 04:18 PM
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Ramba
07-14 06:39 PM
Thanks Ramba. I appreciate your positive comments. I guess the only doubt now is to find out a way whether employer had revoked my 140 before 180 days? If they didnt I am 100% safe now.
Yes. If they revoked the 140 before 180 days of 485 pending, USCIS might have directly denied your 485. They normally dont issue RFE. Since, you recived RFE, I guess it is after 180 days. So hang on. Reply correctly to RFE with all details. You will be fine.
Are you sure they are revoking your 140?
Yes. If they revoked the 140 before 180 days of 485 pending, USCIS might have directly denied your 485. They normally dont issue RFE. Since, you recived RFE, I guess it is after 180 days. So hang on. Reply correctly to RFE with all details. You will be fine.
Are you sure they are revoking your 140?
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Jaime
09-11 03:38 PM
If people were looking for yet another reason to attend the rally, here it is! If you are EB3 your wait just got much longer! We need to get that changed! By going to Washington!!!
ramus
07-02 05:16 PM
Who is first?
msyedy
06-12 09:04 AM
our chances of getting some relief are better if infact CIR dies. if cir dies there might be a chance for SKIL bill.Even if SKIL is not taken up no bill is better than this CIR authored by ron hira aka kennedy, durbin and kyl.
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........
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........
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