indianabacklog
10-12 10:03 AM
I am in the same boat. I see 4 or 5 people postings of this messages.
None one else this forum in this situation. Why not we gather how many of us are affected? Then it will be easier for us to plan and request our case to be included on IV agenda.
anjs
Please feel free to send me a PM, whoever is in my situation. You are right we can have more effect if we work together. Certainly not got much done on my own during the past couple of years. Just keep getting standard letters from senators and congressman.
None one else this forum in this situation. Why not we gather how many of us are affected? Then it will be easier for us to plan and request our case to be included on IV agenda.
anjs
Please feel free to send me a PM, whoever is in my situation. You are right we can have more effect if we work together. Certainly not got much done on my own during the past couple of years. Just keep getting standard letters from senators and congressman.
wallpaper 2011 Mob Wives CatFight Turns
hellomms
05-02 11:00 AM
if you look at the data at carefully, you won't get that conclusion--india EB2 is not the only victim!
Perm is not based on nationality. All people with their perm audit are the victim of slowing Atlanta!
voice!
That is exactly my point that Perm Audit is not focused on Nationality, Field or EB category. If most people are from India, China, Philippines then automatically most audit cases are going to be from these countries.
Are you also being audited?
Perm is not based on nationality. All people with their perm audit are the victim of slowing Atlanta!
voice!
That is exactly my point that Perm Audit is not focused on Nationality, Field or EB category. If most people are from India, China, Philippines then automatically most audit cases are going to be from these countries.
Are you also being audited?
xela
03-28 08:09 AM
So what a wonderful trick,....in April I am current based on the Visa Bulletin, but now their processing has moved backwards to June and that means no luck for all July filers.....what a joke....:(
2011 of VH-1#39;s Mob Wives.
chanduv23
06-14 06:22 AM
Agreed, It is very unfortunate for people stuck in backlogs and I feel your pain... But would you rather have seen USCIS waste over 40000 visas by the end of the year without any PD movement (as reported by some on this forum)? We would have had another thread here blasting the inefficiency and unfairness of USCIS.
Bottomline, I would not like to work in USCIS right now.. They are basically damned if they do, damned if they dont. That said, I do hope that BECs get their act together like USCIS is trying to and get everyones labor cleared by the deadline before the next retrogression hits.
As dates will remain current for a while, and when dates retrogress - my take is they may not retrogress to a degree where backlogged applications are dated. So as approvals keep coming out of BECs the PDs of those backlogged till now may be eligible for filing 485.
This is my take. I write this because I understand your frustrations. The game is not over - I have a feeling that a lot of people will be on EAD status for a while
Bottomline, I would not like to work in USCIS right now.. They are basically damned if they do, damned if they dont. That said, I do hope that BECs get their act together like USCIS is trying to and get everyones labor cleared by the deadline before the next retrogression hits.
As dates will remain current for a while, and when dates retrogress - my take is they may not retrogress to a degree where backlogged applications are dated. So as approvals keep coming out of BECs the PDs of those backlogged till now may be eligible for filing 485.
This is my take. I write this because I understand your frustrations. The game is not over - I have a feeling that a lot of people will be on EAD status for a while
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dpp
04-09 08:45 PM
If this kind of restriction is not done what will be best way to resolve H1b issue? If H1b increase is done and similar increase is not done on GC then also problem to all IV members(retrogession will continue). If there is cap then certainly it will be reached every year within April.
If they restrict consulting then Most of the H1b persons will get permanent job. Because of less number of H1 most of them will get gc within 2 or 3 years. GC holders and US citizens will do consulting. System will adjust iteself within a few months
Do you mean only full-time H1B are the only people what want to be there in US? It is not correct. H1B program is introduced to fill the labour shortage, it can be either Consulting on a temporary basis or Full-time. H1B is not just for Full-time positions. Do you know who is fulfulling major labour needs? It is consultants. If there are no consultants, there is no way to fulfill the projects on time. So, my friend, do not divide the H1B community into Consultants and Full-time employees. Both are needed. Also, do you know that 70% of H1B are with Consultants who are fulfilling lot of companies needs on a daily basis. So, we can achieve something if we are united, if not nobody is going to get benefitted and all of us have to suffer.
We are not here to discuss on what is going to happen for future H1Bs applicants and divide legal immigrants into differnt groups, first we need to have some solution on what to do for the people already here and facing retrogression. So, we will stay united to show our problems.
If they restrict consulting then Most of the H1b persons will get permanent job. Because of less number of H1 most of them will get gc within 2 or 3 years. GC holders and US citizens will do consulting. System will adjust iteself within a few months
Do you mean only full-time H1B are the only people what want to be there in US? It is not correct. H1B program is introduced to fill the labour shortage, it can be either Consulting on a temporary basis or Full-time. H1B is not just for Full-time positions. Do you know who is fulfulling major labour needs? It is consultants. If there are no consultants, there is no way to fulfill the projects on time. So, my friend, do not divide the H1B community into Consultants and Full-time employees. Both are needed. Also, do you know that 70% of H1B are with Consultants who are fulfilling lot of companies needs on a daily basis. So, we can achieve something if we are united, if not nobody is going to get benefitted and all of us have to suffer.
We are not here to discuss on what is going to happen for future H1Bs applicants and divide legal immigrants into differnt groups, first we need to have some solution on what to do for the people already here and facing retrogression. So, we will stay united to show our problems.
ss1026
01-20 03:49 PM
I finally set up my paypal account and set up recurring payments. I was too lazy before and had only mailed one check to IV for 100 but I hope to keep doing this and help achieve immigration reform
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susie
06-22 10:43 PM
CALIFORNIA IMMIGRATION LAW FIRM FILES CLASS ACTION LAW SUIT AGAINST USCIS ON BEHALF OF IMMIGRANTS
Posted on: 6/20/2008
FOR IMMEDIATE RELEASE
Los Angeles � Reeves & Associates, A Professional Law Corporation filed a class action lawsuit today in the U.S. District Court, Central District CA, Case Number SACV08-688 JVX (SHx) on behalf of tens of thousands of immigrant families whose adult children have been wrongfully denied of visas. Attorneys for the families are seeking to compel the United States Citizenship and Immigration Service (�USCIS�) to act in accordance with the provision of Child Status Protection Act (CSPA) that enables children to reunite with their families more quickly.
Prior to CSPA children who reached the age of 21 were no longer eligible to obtain an immigrant visa with the rest of their family. These children became known as �age-outs.� However, Congress enacted Section 3 of CSPA, codified as INA � 203(h)(3), to keep children together with their parents. Specifically, this provision allowed children to automatically convert the visa petition and retain the original filing date � known as the priority date � after the child had aged out. As such, an aged-out child, who is a derivative beneficiary of the visa petition of his parent, can reunite with their family faster by utilizing their parent�s earlier priority date. As of today, USCIS has not only failed to comply with INA � 203(h)(3), but has also failed to promulgate regulations or issue policy memorandum regarding this provision of law.
�This case affects tens of thousands of immigrant families,� said Robert L. Reeves, founder and Managing Attorney of Reeves & Associates, APLC. �A child abroad who aged-out is eligible under CSPA for an immigrant visa, and if the child is in the United States, he or she will be able to adjust to legal resident status,� explained Mr. Reeves.
The class action lawsuit presents two different classes of aggrieved individuals. Nancy Miller, a partner with Reeves & Associates and co-counsel, describes the two classes as �those who filed petitions with requests for retention of the parent�s original priority date whose petitions were denied and those who have received no response at all to their requests for retention of the original priority date.� In both cases parents remain separated from their children.
Although USCIS has granted some visa petitions and permitted retention of the earlier priority dates pursuant to INA � 203(h)(3) to some, there appears to be no uniform policy from USCIS as a whole. Jeremiah Johnson, a partner with Reeves & Associates and co-counsel, said �the lack of any regulations or even policy memorandum has lead to arbitrary and inconsistent decision-making affecting thousands on a global level.� Joyce Komanapalli, an associate with Reeves & Associates and co-counsel, added �USCIS�s refusal to issue visa petitions with the original priority date is at odds with the language, structure, history and purpose of the Child Status Protection Act.�
�It is incomprehensible why USCIS would deny these requests given the plain language of the statute and the Congressional history of CSPA.� said Mr. Reeves.
The class action lawsuit is seeking to compel USCIS to properly adjudicate all cases filed under CSPA, or INA � 203(h)(3), and comply with the requirements of retaining the parent�s original priority date in subsequent petitions filed by the parent.
Posted on: 6/20/2008
FOR IMMEDIATE RELEASE
Los Angeles � Reeves & Associates, A Professional Law Corporation filed a class action lawsuit today in the U.S. District Court, Central District CA, Case Number SACV08-688 JVX (SHx) on behalf of tens of thousands of immigrant families whose adult children have been wrongfully denied of visas. Attorneys for the families are seeking to compel the United States Citizenship and Immigration Service (�USCIS�) to act in accordance with the provision of Child Status Protection Act (CSPA) that enables children to reunite with their families more quickly.
Prior to CSPA children who reached the age of 21 were no longer eligible to obtain an immigrant visa with the rest of their family. These children became known as �age-outs.� However, Congress enacted Section 3 of CSPA, codified as INA � 203(h)(3), to keep children together with their parents. Specifically, this provision allowed children to automatically convert the visa petition and retain the original filing date � known as the priority date � after the child had aged out. As such, an aged-out child, who is a derivative beneficiary of the visa petition of his parent, can reunite with their family faster by utilizing their parent�s earlier priority date. As of today, USCIS has not only failed to comply with INA � 203(h)(3), but has also failed to promulgate regulations or issue policy memorandum regarding this provision of law.
�This case affects tens of thousands of immigrant families,� said Robert L. Reeves, founder and Managing Attorney of Reeves & Associates, APLC. �A child abroad who aged-out is eligible under CSPA for an immigrant visa, and if the child is in the United States, he or she will be able to adjust to legal resident status,� explained Mr. Reeves.
The class action lawsuit presents two different classes of aggrieved individuals. Nancy Miller, a partner with Reeves & Associates and co-counsel, describes the two classes as �those who filed petitions with requests for retention of the parent�s original priority date whose petitions were denied and those who have received no response at all to their requests for retention of the original priority date.� In both cases parents remain separated from their children.
Although USCIS has granted some visa petitions and permitted retention of the earlier priority dates pursuant to INA � 203(h)(3) to some, there appears to be no uniform policy from USCIS as a whole. Jeremiah Johnson, a partner with Reeves & Associates and co-counsel, said �the lack of any regulations or even policy memorandum has lead to arbitrary and inconsistent decision-making affecting thousands on a global level.� Joyce Komanapalli, an associate with Reeves & Associates and co-counsel, added �USCIS�s refusal to issue visa petitions with the original priority date is at odds with the language, structure, history and purpose of the Child Status Protection Act.�
�It is incomprehensible why USCIS would deny these requests given the plain language of the statute and the Congressional history of CSPA.� said Mr. Reeves.
The class action lawsuit is seeking to compel USCIS to properly adjudicate all cases filed under CSPA, or INA � 203(h)(3), and comply with the requirements of retaining the parent�s original priority date in subsequent petitions filed by the parent.
2010 Carla Facciolo in quot;Mob Wivesquot;
rajesh_kamisetty
06-29 10:10 PM
From: AILA National
Sent: Friday, June 29, 2007 5:48 PM
Subject: Follow-up to Update on July Visa Availability
Further to the email earlier today about July visa availability:
Several members have asked whether they should continue in their efforts to
file adjustment of status applications for employment-based cases. Of course
, this is a matter for each attorney's best judgment, but note that:
-It is not certain what day the revised Bulletin will be issued.
-It is possible that the revised bulletin will not issue at all--efforts to
stop this unprecedented action are being pursued.
-If you "front desk" the application, i.e. decide it is futile to file, and
a remedy opens up later, having submitted the applications may improve the
chances of utlizing whatever fix might be available.
-If you do submit the adjustments, be sure to use a method whereby you can
document delivery, and keep that documentation for each client.
-AILF's Legal Action Center is seeking plaintiffs with respect to both the
adjustment applications that were or are expected to be rejected for June
and the adjustment applications that are expected to be rejected in July. Go
to InfoNet Document # 07062975: http://www.aila.org/content/default.aspx?docid=22798 on InfoNet for the Potential Plaintiff Questionnaire and related FAQ.
We cannot predict now what will happen, but will continue to update the
membership as developments occur.
Sent: Friday, June 29, 2007 5:48 PM
Subject: Follow-up to Update on July Visa Availability
Further to the email earlier today about July visa availability:
Several members have asked whether they should continue in their efforts to
file adjustment of status applications for employment-based cases. Of course
, this is a matter for each attorney's best judgment, but note that:
-It is not certain what day the revised Bulletin will be issued.
-It is possible that the revised bulletin will not issue at all--efforts to
stop this unprecedented action are being pursued.
-If you "front desk" the application, i.e. decide it is futile to file, and
a remedy opens up later, having submitted the applications may improve the
chances of utlizing whatever fix might be available.
-If you do submit the adjustments, be sure to use a method whereby you can
document delivery, and keep that documentation for each client.
-AILF's Legal Action Center is seeking plaintiffs with respect to both the
adjustment applications that were or are expected to be rejected for June
and the adjustment applications that are expected to be rejected in July. Go
to InfoNet Document # 07062975: http://www.aila.org/content/default.aspx?docid=22798 on InfoNet for the Potential Plaintiff Questionnaire and related FAQ.
We cannot predict now what will happen, but will continue to update the
membership as developments occur.
more...
willwin
10-15 04:23 PM
So you will be on H1 till conclusion. Best Luck.
Yes, I dont really see that as a problem right away (though I am aware of the risks!). I have completed only 4 years of my H1B and with approved I140, I should be able to extend another 3 years, (if required).
BharatPremi, do you know if one can have both 485 and CP processes simultaneously?
I am just wondering if I could file 485 (if my PD becomes current and stays current only for a short period as it happened in July) and have my CP case also alive.
My CP case is already in Consulate (after processing Form 230) which means I am just awaiting an interview. 485 is to safeguard my GC against any unforeseen odds and risks. Is that possible?
Or, can I file another LC (under EB2) and once I140 is approved (using prior PD), can I interfile (in CP)?
I just wanted to have the safety net that 485 provides or move to EB2 so that interview can be expected in the next year or so -if my new I140 is approved by then!
Any recommendations and is this technically possible?
Yes, I dont really see that as a problem right away (though I am aware of the risks!). I have completed only 4 years of my H1B and with approved I140, I should be able to extend another 3 years, (if required).
BharatPremi, do you know if one can have both 485 and CP processes simultaneously?
I am just wondering if I could file 485 (if my PD becomes current and stays current only for a short period as it happened in July) and have my CP case also alive.
My CP case is already in Consulate (after processing Form 230) which means I am just awaiting an interview. 485 is to safeguard my GC against any unforeseen odds and risks. Is that possible?
Or, can I file another LC (under EB2) and once I140 is approved (using prior PD), can I interfile (in CP)?
I just wanted to have the safety net that 485 provides or move to EB2 so that interview can be expected in the next year or so -if my new I140 is approved by then!
Any recommendations and is this technically possible?
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masterji
02-16 06:34 PM
I think academic/non profit organizations do not have any quota limit. They can file the petition whenever they want. Please correct me if I am wrong.
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conchshell
05-16 11:49 AM
He wrote back to me saying that soon he will place a link to this campaign on the main section of his website. Can someone ask Ms Sheela Murthy and Mr Rajiv Khanna to add this campaign link on their websites too?
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mikesin
04-08 03:56 PM
flowers? i would suggest sending manure - send back some of the love (and let them grow their own flowers)
(send flowers and they will be happy for a day.. let them grow flowers and they will be happy forever) ;)
Now that is hilarious!!!!:p
(send flowers and they will be happy for a day.. let them grow flowers and they will be happy forever) ;)
Now that is hilarious!!!!:p
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Sachin_Stock
05-16 12:48 PM
Guys..
I paper filed EAD renewal two times...took 2-3 months to get card in hand..
This time I tool chance and did efile...in 1 week (yes one week)..I see card production ordered status online..
There is no doubt about address etc..u get address on the receipt...
Hope this help..
Only catch is that I have seen status online...will post once I receive card in had..
A little over a week for me. eFile is the best option so-far. Self-reliance is far more preferable than having it done by others.
I paper filed EAD renewal two times...took 2-3 months to get card in hand..
This time I tool chance and did efile...in 1 week (yes one week)..I see card production ordered status online..
There is no doubt about address etc..u get address on the receipt...
Hope this help..
Only catch is that I have seen status online...will post once I receive card in had..
A little over a week for me. eFile is the best option so-far. Self-reliance is far more preferable than having it done by others.
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STAmisha
06-26 01:24 PM
Thanks a lot for soothing the (allready f**ed up) nerves.
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anurakt
12-20 08:43 AM
I had two members added a few minutes back.
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roseball
11-26 01:05 PM
Thanks - I guess that's good advice.
Btw, do I need to send the original passport with the application?
Yes, you will need to send the original passport along with the filled in application...Since the passport is expired for over an year, check this out:
Quote:
When should you apply for the new passport?
i) Apply for reissue of Passport if the final (F) validity is less than one year. For example, if your passport is expiring on 31st Dec. 2008, you can apply for a new passport from 1st Jan. 2008 onwards.
ii) The Passport should be renewed within one year of its expiry. If for any reason you have delayed applying for a new passport beyond one year after expiry of your passport, an affidavit stating the reason for delay sworn before a Notary or a Consular Officer should be submitted along with the application.
:/End Quote
For more info on Consular Services from Houston, goto: www.cgihouston.org
Btw, do I need to send the original passport with the application?
Yes, you will need to send the original passport along with the filled in application...Since the passport is expired for over an year, check this out:
Quote:
When should you apply for the new passport?
i) Apply for reissue of Passport if the final (F) validity is less than one year. For example, if your passport is expiring on 31st Dec. 2008, you can apply for a new passport from 1st Jan. 2008 onwards.
ii) The Passport should be renewed within one year of its expiry. If for any reason you have delayed applying for a new passport beyond one year after expiry of your passport, an affidavit stating the reason for delay sworn before a Notary or a Consular Officer should be submitted along with the application.
:/End Quote
For more info on Consular Services from Houston, goto: www.cgihouston.org
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radhay
09-24 12:22 PM
I think PD recapturing is the only solution. We don't know if CIR will pass in 2010 or 2011. Neither do we know that if that is good or bad for legal immigration.
Guys we should work with IV to get the PD recapture.
Since CIR is pushed back now , timing is perfect.
Guys we should work with IV to get the PD recapture.
Since CIR is pushed back now , timing is perfect.
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goel_ar
03-24 04:48 PM
I respect bitzbytz's view. IMHO, Pappu's post shows too much arrogance in IV.
Btw, I have donated $100 towards advocacy.
Yeah Right. Now you are going to tell me, my higher education is due to IV, me coming to US is due to IV, me getting bachelors, masters, phd is due to IV, me getting H1 B visa approval and stamping, My getting EB 2 filed approved is caz of IV. , labor approval, 2 yr eads, medical appointments are all due to IV. Get real.
When I was in trouble, I threw some money at Ms Sheela (not Sheela from sheela ki jawani) and voila , I had solution for my problems. IF we are legal here, we need to be afraid of anything, else glad to go back home.
Dude, understand that I am a friend not an enemy to IV advocacy. I just said, for me to contribute, I should feel that IV made an impact or will make an impact for my cause. Which I dont feel right now.
Make me believe and I am in. Until then keep trying.
If you still want to bark , well you can pick some tree as I just ignored this debate.
Btw, I have donated $100 towards advocacy.
Yeah Right. Now you are going to tell me, my higher education is due to IV, me coming to US is due to IV, me getting bachelors, masters, phd is due to IV, me getting H1 B visa approval and stamping, My getting EB 2 filed approved is caz of IV. , labor approval, 2 yr eads, medical appointments are all due to IV. Get real.
When I was in trouble, I threw some money at Ms Sheela (not Sheela from sheela ki jawani) and voila , I had solution for my problems. IF we are legal here, we need to be afraid of anything, else glad to go back home.
Dude, understand that I am a friend not an enemy to IV advocacy. I just said, for me to contribute, I should feel that IV made an impact or will make an impact for my cause. Which I dont feel right now.
Make me believe and I am in. Until then keep trying.
If you still want to bark , well you can pick some tree as I just ignored this debate.
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snathan
03-26 09:49 PM
lol well maybe i am a moron
but i expected California to be listed Alphabetically between Alabama and Colorado
since it wasn't there i just assumed there is no state chapter.
i doubt i would be the only one making this assumption.
Sure its trivial...but how many people made this assumption and just gave up looking for the state chapter?
Maybe its obvious to you but its not obvious to me that i should be searching for Northern and Southern California
i am contributing..and i have offered to handle some PR on here.. I don't live in DC so cannot do PR for the organisation there.
I recommend to read the book "Who moved my cheese?"
Who moved my cheese?: an amazing way to deal with change in your work and in your life [Book] (http://www.google.com/products/catalog?hl=en&biw=1276&bih=580&q=who+moved+my+cheese&um=1&ie=UTF-8&cid=2733430461336083287&sa=X&ei=uaaOTeqgKefp0gGj-pm-Cw&ved=0CD4Q8wIwAg#)
May be you should move your lazy Butt little bit and do little more home work. Do not expect spoon feeding and you are not a kid.
but i expected California to be listed Alphabetically between Alabama and Colorado
since it wasn't there i just assumed there is no state chapter.
i doubt i would be the only one making this assumption.
Sure its trivial...but how many people made this assumption and just gave up looking for the state chapter?
Maybe its obvious to you but its not obvious to me that i should be searching for Northern and Southern California
i am contributing..and i have offered to handle some PR on here.. I don't live in DC so cannot do PR for the organisation there.
I recommend to read the book "Who moved my cheese?"
Who moved my cheese?: an amazing way to deal with change in your work and in your life [Book] (http://www.google.com/products/catalog?hl=en&biw=1276&bih=580&q=who+moved+my+cheese&um=1&ie=UTF-8&cid=2733430461336083287&sa=X&ei=uaaOTeqgKefp0gGj-pm-Cw&ved=0CD4Q8wIwAg#)
May be you should move your lazy Butt little bit and do little more home work. Do not expect spoon feeding and you are not a kid.
willigetgc?
06-16 07:53 AM
Bringing in motivated members to the forums, participating in action items - this has to be a direct responsibility of every member who participated in the advocacy days in DC.
panky72
05-10 09:13 PM
I went to my congresswomen's office on may 6th and provided details of my pending 485. Their office called me today that our cases were approved on May 5th and cards have been mailed!! They also told me to contact NSC to get tracking no. I called NSC and and got the USPS tracking no's. No change in status online at USCIS, no email or SMS from USCIS.
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