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  • pappu
    07-01 10:22 PM
    Info on the lawsuit by AILA:
    ==============
    USCIS VISA BULLETIN/
    VISA AVAILABILTY LAWSUIT
    Frequently Asked Questions about Participating in this Lawsuit
    AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status applications for the alleged reason that a visa was not available, even though the Visa Bulletin from the Department of State (DOS) states that a visa was available at the time of filing.
    Any foreign national who is otherwise eligible for adjustment of status and whose adjustment of status application has been or will be returned or rejected solely on this basis may be eligible to be a plaintiff in this lawsuit. If you are considering being a participant in this lawsuit, you may find the following frequently asked questions and answers helpful.
    Q: What is AILF?
    A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF sometimes files lawsuits involving various aspects of immigration law.
    Q: What is this lawsuit about?
    A: This lawsuit will be filed by plaintiffs who have been harmed because USCIS rejected or returned or is expected to reject or return a properly submitted adjustment of status application for the alleged reason that no visa was immediately available even though the DOS Visa Bulletin states that a visa was available at that time.
    To be eligible for adjustment to lawful permanent resident status, a foreign national must show that a visa number is “immediately available.” USCIS regulations state that the DOS Visa Bulletin is used to determine whether a visa number is immediately available. This Bulletin is published once a month and lists the visa availability dates for all categories of immigrants for the following month. Thus, for example, the July 2007 bulletin, listing visa availability dates for the entire month of July, was published in June 2007.
    AILF has learned that USCIS has refused to allow certain adjustment of status applications to be filed even though the DOS Visa Bulletin states that visa numbers are available for the immigrant category at that time. USCIS rejected these applications because DOS informed it in an internal communication that no visa numbers remained for that category of immigrants. To date, this has happened only in the employment-based “other worker” category. We anticipate that it may happen in a number of other types of employment-based immigrant categories beginning in July 2007.
    We believe USCIS violated the law when it failed to apply the visa availability dates listed in the Visa Bulletin, as required by a federal regulation, and instead rejected properly filed adjustment applications. Through this lawsuit, we will challenge the rejection of adjustment of status applications on this basis. We will ask the court to order USCIS to accept the rejected adjustment applications and treat them as being filed as of the date they originally would have been filed had USCIS not rejected them.
    Q: What is a “plaintiff” and how do I know if I am eligible to be a “plaintiff” in this lawsuit?
    A: A plaintiff is a person who files a lawsuit against someone else. We are still determining the categories of plaintiffs but an eligible plaintiff for this lawsuit may include:
    [other worker category]
    A foreign national who:
    Submitted an adjustment of status application in the “other worker” category for receipt by USCIS in June 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    [other employment-based categories]
    A foreign national who:
    Submitted an adjustment of status application in any employment-based category other than “other worker” for receipt by USCIS in July 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    Q: Why should I be a plaintiff in this lawsuit?
    2
    A: If the lawsuit is successful, USCIS should accept your adjustment application and treat it as if it had been filed as of the date that you originally tried to file it. Because your adjustment application will then be considered to be pending before the agency, you may be eligible for interim benefits, including an employment authorization document, advance parole, and others.
    What the lawsuit will not do is make a visa number immediately available to you if none is available. If the visa numbers have in fact been used for the current fiscal year, the court does not have the authority under the law to make a new number available to you. However, if the court orders that USCIS accept your adjustment application as of the date that you originally tried to file it, you will be at an earlier place in line when visa numbers become available again in the next fiscal year, October 1, 2007. Additionally, as mentioned, you may be eligible for interim benefits while you are waiting.
    Q: What is likely to happen because of the suit?
    A: Lawsuits are uncertain by nature. We cannot predict the exact outcome. However, other efforts to resolve these problems with USCIS have not succeeded. For this reason, we believe that a lawsuit is the only remaining possible way to resolve these problems.
    Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
    A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
    Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
    Q: How much time must plaintiffs spend on this lawsuit?
    A: Plaintiffs will have to provide us with the information and documentation we need in order to prepare the lawsuit. AILF will do most of the work in the lawsuit on paper. Depending on how the case proceeds, the government and its attorneys may want to ask the plaintiffs some questions about their case, either through written questions and answers or in person. This is called “discovery.” One type of discovery is a “deposition,” which is an interview where parties are asked questions about their cases.
    Depositions are possible but not common in this type of case. In the event that discovery and/or depositions were required, an AILF attorney or an attorney working with us would assist plaintiffs to comply with any discovery requests, and would appear with plaintiffs at any deposition at no charge (see below). At a later stage, a plaintiff may be required to be present at
    3
    a hearing or a trial and possibly be asked to testify about their particular case, but this is quite rare.
    Q: Will it cost me anything to be a plaintiff in this lawsuit?
    A: AILF and any co-counsel will not charge any attorney’s fees for representing individuals in this lawsuit. AILF and any co-counsel also will pay the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that an individual should be required to be present at a deposition, hearing or a trial, we may ask that he/she pay their own travel and lodging expenses, if any. Those expenses would be reimbursed if the lawsuit is successful and we recover costs.
    Q: Will anyone know that I am a plaintiff in this lawsuit?
    A: Lawsuits are public information, and are available as a public court document. Many courts now have lawsuits and other documents available electronically, accessible via the internet. Also, USCIS will, of course, know the identity of the plaintiffs. We also will discuss plaintiffs’ cases with any other lawyers working with us on the lawsuit. It also is possible that the media – newspapers, radio, or TV reporters – will see the court documents and decide to do a story on the lawsuit.
    Q: What should I do if I am eligible and interested in being a plaintiff in the lawsuit?
    A: Please quickly submit the Questionnaire for Potential Plaintiffs and send us the documents requested. If you do not have the Questionnaire, please send an email to visabulletin@ailf.org, and we will send it to you. You may also fax a request to AILF LAC at (202) 742-5619. Please indicate this is a question about the visa bulletin litigation.
    If you have any questions that are not answered by this FAQ or the questionnaire, please send them to visabulletin@ailf.org or fax to (202) 742-65619, and we will respond. Thank you!
    ===============





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  • ajju
    02-20 03:55 PM
    Ok guys before you shoot it down heres my calc for EB2 pending apps from 2000 to Dec 2003. Obviously its a rough estimate, who knows how many eb3s switched, labor subs etc etc etc.

    From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.

    Ok now shoot me down.


    Good calculation... On brighter side.. if I assume being 2%.. the numbers would be 7500.. Hope its enough to clear out with just the extra EB1 quotas in this quarter.. And then, next quarter we see some more progress for EB2 India.. Just a wishful thinking...





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  • gcnirvana
    04-23 12:41 PM
    Great to hear that the event was a success. I was one of the volunteers who had the oppurtunity to call CA members and I just have one suggestion. Please update your profiles with your latest email and phone numbers. Of the 25 people I called, atleast 5 or 6 had incorrect phone numbers. One even went to a fax number. The intent for IV is to reach you quickly in such case but looks like the intent for such members is 'do-not-disturb'.





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  • sledge_hammer
    10-21 10:28 AM
    John McCain does NOT know how to use a computer. That webpage has been designed, scripted and QA'd to specifically get that reaction from you.
    You are trying to steer the argument away from the real issue at hand. Who cares if McCain cannot use a computer/code Java/query an RDBMS!!! That's not what he is expected to do being the President. He needs to make policies and make decisions about good vs bad policies. Yes, there are people that will take his message and put it on the website for him. What's worng with that?

    Do you really believe what that website says? Seriously? You don't think that's a little to targeted towards pulling our heartstrings? With no solid action plan to back it up? Just like a hooker ad on the freeway?
    His action plan has been clearly stated on the website. What more plan to you expect out of him? What has Obama planned for you and me?????

    Just like a hooker ad on the freeway?
    A hooker ad on a freeway? That's the best analogy you can come up with? I didn't know hookers these days made promises to give you a green card in addition to turning tricks. You must be picking them up at the wrong freeway?!?!



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  • pappu
    02-08 10:48 PM
    Please note that IV does not endorse this effort. We strongly advice people against being part of it for several strategic reasons. We do acknowledge that this is part of IV stated agenda and you are not going against IV in principle. But by creating a splinter group and meeting key lawmakers with whom we have worked for more than 2 years on this issue, your effort may prove to be detrimental to our hard work.

    Without going into details on this open forum, We have taken pains to develop relationships with key lawmakers to help on this issue and we seek strategic advice from our counsel and work under a strategy. By simply going forward to promote a 2 line bill your effort will not compliment IV effort. We wish it was that easy but the reality is very different. Do not assume that key lawmakers do not know this particular issue. Please wait for the right time when it is suitable to push this agenda when there is pro-immigration agenda on the table and IV will guide you for it on how to proceed. At this moment we expect the community to be united against such anti-foreign workers amendments rather than going to different directions. We have information that much more maybe planned against foreign workers in the times to come. IV is working on protecting the interests of our community members and we want everyone to be united.

    If you want to get active, the best option right now is to spread the word about IV and get every foreign worker under IV umbrella.

    If someone has any further questions or doubts, they can directly contact us.





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  • delhiguy
    07-04 08:38 PM
    I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.

    Don't see any light at the end of the tunnel...

    How much numbers can we seek..to recapture from the lost EB numbers from previous years? 500,000?? There will be a hue and cry...new headlines "half a million cheap labor" etc.

    Unless something like SKIL is passed only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.



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  • spicy_guy
    07-27 05:29 PM
    Guys (and guns),

    Need a suggestion on finding a job!

    My friend has a master degree in India and worked in India for 6 months in Seimens before coming to US. Now she has EAD and would like to start working. Its been 3 years she left India and been idle.

    She would like to start as a fresher / jr in IT though she has little experience.
    When I asked a couple of guys, they suggested to approach Desi consulting companies.

    From what I heard, they train and put up some fake exp and then apply for jobs (and of course need to sign a contract). But she doesn't like that.

    I know a lot of people are in this situ too. I believe some of you have been here for a long time and have dealt with desi and US consulting companies. Some of you guys have good insight into these matters as well.

    So what do you guys suggest?

    Approaching Desi co is a good idea? or try for a full time employment with some US cos?
    I was told that Desi cos know tricks of the trade. Not sure how true this is.
    Or US consulting companies?

    (I don't see so many job openings for freshers / juniors. Very very limited.)





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  • knacath
    10-31 09:14 PM
    Nrc2008063641



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  • ras
    07-12 11:38 AM
    am still unclear. Does it mean those who have PD prior to Jun 06 will get their GC? I cant believe it.

    At the personal end, I have my GC filed with Dec 06 PD. However, I have a previous I140 approved with Sept 05. I was thinking about porting the priority date. If I port it now will I get my GC based on the previous priority date?

    Ofcourse I dont intend to port it at this point of time because am planning to get married in another 3-4months. so can you guys let me know what would be the best approach. Is it porting the previous priority date now or wait till getting married and then port it? In such case will the spouse be eligible to file for 485 when it is current. am confused.





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  • mpadapa
    09-26 09:25 AM
    This is CNN at its best.. Twist the facts to drum up their own agenda
    IV needs to contact the editor and educate him on immigration issues..


    Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
    I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.

    http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606



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  • vin13
    02-16 11:46 AM
    I am volunteering to coordinate the collection and redemption of airline miles.

    Those who would like to donate or in need please PM me with your contact information along with a good time to reach.

    if you are donating miles, please also provide the airlines and the number of miles you wish to donate.

    I had coordinated this effort during the previous advocacy days and we were successful in helping a few individuals in securing air tickets.

    Thanks





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  • silibili
    06-10 04:40 PM
    done



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  • pappu
    07-02 10:36 PM
    We need to run a media drive from tomorrow with full speed so that we can communicate this absurd action by DOS and USCIS.

    How can they give 18K greencards in one day? and 60K greencards in one month. Where was the lack of manpower and heavy workload excuses?
    Why did they make the dates current in the first place when they knew they cannot handle so many applications? There are so many questions that need answers.

    This system is broken and needs to be fixed. Let us communicate to all our friends who are affected with this tragedy today so that we can all unite and make efforts to have our voices heard.

    IV release
    http://immigrationvoice.blogspot.com/





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  • SunnySurya
    07-28 12:12 PM
    By the way Mr. Chantu,
    Read this http://www.iht.com/articles/2005/11/08/news/blogs.php



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  • smartboy75
    07-11 12:47 PM
    source: www.immigration-law.com

    07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste

    The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.





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  • signifer123
    02-15 07:25 AM
    Well, then i guess me and you can make a subway



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  • jamesbond007
    09-10 11:16 AM
    Is that 30 dots or 30 points?

    It should be possible to have 30 points without 20 dots. I'm not clear on that, please let me know if I'm wrong.

    This is taken from the chat page:

    To access this area you must have: a.) Over 50 posts b.) Over 30 reputation points





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  • h1techSlave
    03-18 09:49 PM
    I think Nixtor should explain why he even bothered to call Mr. Foggs' number. There are many many people in this forum with incorrect phone numbers. Why nixtor is not banning all of them. There is even a member with handle 'taliban'.

    I had wrong phone number and other contact details for almost 6 months, before I have updated those fields with correct information. Nobody banned me. Why single out Mr. Foggs?

    Here is what you provided on the banned id

    Phone number 631-922-xxxx. I called the number and a lady answered. I asked "Is there any one living with last name FOGGS?" The answer is NO. I asked are you sure? She goes mad. I then went on to see the city you provided in MD exists, Google maps has no clue about the city.

    There are many non-contributing & contributing members and its entirely your wish to do so or not but IV does not need any distractions. Don't bring in the free speech and 1st amendment now.

    May be its fun for you and our friends, its not funny here.





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  • rpulipati
    09-26 09:44 AM
    If you guyz like it, please use it.

    ===========================

    Dear Editor,

    I'm a skilled worker and attended the rally mentioned in the article. But as per the article, our intention was NOT to get attention to H1-B visas, instead
    ---------
    the rally is for the skilled legal immigrants already present in United States, requesting Congress to speed up the permanent resident applications by re-suing the previous years unused visas and/or increasing the annual cap.
    ---------

    There is a lot of difference between these two agenda's and this article really sends a wrong message to the entire American community.

    So, I request you to please act immediately and correct the article. Also, please do sufficient investigation before you post things that are important to community (such as immigration).

    Thanks

    ===========================





    sledge_hammer
    02-14 12:49 PM
    To answer your question, no, I'm not a conservative Christian. I'm a Hindu and I'm proud of it!

    Now that I have answered your question, allow me ask YOU a few questions:

    1. If I really were a Conservative Christian, does my belief that Jew were persecuted hold any less credibility?
    2. Are you an anti semite?
    3. Are you friends with Ahmedenejad?
    4. Do you watch a lot of Mel Gibson movies when you're not otherwise writing nonsense on this forum? :)

    Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.

    "What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?

    Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.

    .





    Almond
    07-05 12:44 PM
    I agree that you can get free information any where on the internet. But what about the main goal of getting funds? Do we care about the main agenda behind this website? Are we doing any thing to do our part by contributing? You only get very succinct info on murthy chat and khanna phone calls. You might get more info on their fourms. They are running those forums not only for community sake but also to get "invaluable" publicity that makes them "the name" in immigration. I got an answer on Murthy forum/Khanna forum indirectly translates into name/fame for the attorneys, which means more business for them. I got an answer on IV neither directly nor inidrectly translates into what??? Nothing.. As long as we tell ourselves that we get info for free, google is our friend, We are just substantiating our thoughts on "How NOT to pay". Nothing else.


    And there is nothing wrong with that, right, because in the end you do not know what the financial situation of people on here is. One guy suggested a monthly contribution of 20 bucks, I laughed myself off the chair when I saw that. You're right, this is about "how not to pay" and why shouldn't it be. I don't make a lot, the lawyer's sucking me dry (in more ways than one if it were up to him), I've been waiting for this for ever, I have a family to support, etc.


    Well, in the end you all do what you want, don't worry, be happy :D



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