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  • feedfront
    10-27 12:25 PM
    Just few more days..





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  • anilsal
    12-11 03:44 PM
    I think USCIS is under department of homeland security.

    Department of State is mainly for travel.





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  • ivdude
    01-16 05:04 PM
    I faced this pain before christmas





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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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  • reddymjm
    10-21 08:59 AM
    Bump





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  • mps
    07-23 04:58 PM
    My attorney has specifically advised us that we don't have to file again. My application reached NSC on July 2nd.

    Continuing on this forum with more generic title
    http://immigrationvoice.org/forum/showthread.php?t=10383

    Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog

    Greg Siskind is reporting the following about July2nd rejection here
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html

    part of above post --
    USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
    USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
    For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.



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  • eb3_nepa
    07-05 01:56 PM
    eb3_nepa has a colored , structured presentation layer based on the core ideas that you have... This is probably termed Reusability in IT world :-)

    Take it easy - I'm kidding !

    I love this idea and hinted about it in a more crude way :) :)


    Its not about individualistic ideas, but a collection of all good ideas.

    Make ALL advanced features such as PMing, emailing members on the forums, accessible to paid members. We are not asking for much JUST $10. If a guy cant pay $10 and that too to basically ask questions, then maybe we dont WANT them on the site, hogging bandwidth.





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  • gk_2000
    08-11 06:31 PM
    Again, as I mentioned, we are jumping all over the board with different ideas and opinions. This leads to no where. Someone who has good understanding of USCIS / DOS / Govt procedures should come up with an agenda and move forward from there. We'll need to work with IV leadership team too. (At this time, I don't think they are even looking into this effort, as understandably they have other goals in hand). However, we should approach them with concrete plan of action.

    Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
    We need focused efforts.

    Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.

    What say you guys?

    Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.

    Well the plan for now has to be just brain-storming. So let's compile the best ideas from here and make a list. So let's suggest our ideas and discuss the merits and de-merits of each of them

    We should have some criteria to evaluate the ideas. I propose (in order of importance):

    - Can be done with admin fix
    - Controversy. Would like path of least resistance
    - Addresses EB3 problem

    All are free to develop upon these..



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  • pcjandyala
    09-26 11:01 PM
    Dear Reader,

    Thank you for your interest in FSB. We admit that there was a
    mischaracterization of the Capitol Hill rally in the story and it was
    corrected as soon we realized the error.

    We have changed the story to correctly identify the mission as a
    protest of
    the long delays in securing green cards for highly-skilled workers
    already
    in the U.S.

    We will work to avoid errors like this in the future.

    Best regards,

    FSB





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  • anilsal
    12-13 12:44 AM
    I still cannot understand why they do not allow one to file I-485 when the visa numbers are not current. Atleast 485 will give the person an opportunity to obtain a EAD card.

    If not, the person is in a limbo.



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  • gveerab
    07-03 11:10 PM
    Hi Ramus,

    I am not posting this message to offend any body's feelings, please don't take it personally. AILA is saying anyone can participate in the LAWSUIT without paying any money, but IV is saying it's an expensive thing and we need to start new funding drive. It's not clear to me and I believe if we start thread with more information more people would have convinced and contributed.

    I agree, we need money to maintain the website. if that is the case please mention that clearly. We need to maintain this website to keep our activities , no question about that.

    I have been observing from last couple of months any new issue is ending up with fund drive, but no update after that what happened. May be I am wrong, but as an observer this is my openion. Hope you guys will take this as positive comment and respond with more details. I don't have any doubt on the core team capabilities and scincearity.

    In ths home page clearly mentioned that contribute for lawsuit. Without taking it personally can you please provide the details of how much money we might need and how we are going to spend this money?


    Thanks
    Veera
    $20 per month $150 on time contributions





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  • sodh
    07-24 10:49 PM
    They are talking about Allien#.
    If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.



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  • kshitijnt
    07-13 07:53 PM
    Guys:

    Atleast appreciate the letter she has written. Maybe you are not satisfied by attorney Murthy and she has not done enough for you. But here she is adding to the voice for immigrants. Something is better than nothing!!!





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  • eb3_nepa
    02-13 01:01 PM
    Logicliffe i agree with you.

    I think the Aim of IV should be to make the ENTIRE process of the GC quick and painless and abt 2.5 to 3 years start to finish.

    Guys we have to fight the root cause and not the individual symptoms. United we stand. The problem is Backlogs at various stages. We should strive for removing the root cause of backlogs. A united voice which says, "Give us our Green Cards in abt 3 years". If we fight for each individual thing, we will be like many small streams each figthing for it's own little cause. So far we have seen the following SUB issues:

    1) Spouses not being able to work
    2) Children aging out
    3) FBI/Name check clearance.

    Now if we each start fighting for the specific cause, the movement will be scattered. Instead what we are trying to do is focuss on eliminating ALL problems.

    Guys i ask everyone on here to step forward and Signup for the Rally we are trying to hold In DC. We need stronger numbers on that rally if we are to be successful.



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  • ss777
    05-15 02:27 PM
    I totally agree with first para..but your client CIO getting promotion out of a Phoenix university degree surprises me..many people discouraged me from going there as they dont require GMAT to start with.
    That surprised me also. He may be an exception but the fact that he was tapped for a management post that needs a management degree makes it imperative that his MBA played a good role. I am not saying Pheonix MBA is great. My point is Online MBA is valued in the industry.





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  • nixstor
    07-02 10:56 PM
    This is because Rajiv Khanna and Murthy do not like each other and compete with each other. Murthy is on the board of AILA and Rajiv is not. So murthy will promote the lawsuit and rajiv will not.

    Competition is a good thing. How ever, your post sounded like they feud with each other no matter how much genuine the issue is. Why would any of them would like to be at the end of losing if they know for sure that the other is winning? Any sane mind will join the bandwagon, esp when their business interests are at stakes.

    Keeping it aside, I did not mean to dampen any one's spirits on filing a law suit. I had similar thoughts in my mind and it just happened to be similar to Rajiv Khanna's. I could be wrong in this case. I will be very happy if we come out in flying colors in this law suit. How ever my preference is to get more and more media/blog attention and try to get recapture/ability to file 485 based on the momentum we build because of this screw up by DOS & USCIS.



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  • malaGCPahije
    12-10 03:57 PM
    Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.

    every 4'th person on this earth is a chinese. The obvious conclusion given the 2 facts (6'th person as Indian and 4'th as Chinese) is that every 4'th person on this earth is a chinese, every 6'th person an Indian and every 12'th person is an Indian Chinese :-).

    I know, bad joke...The only thing we can do is support IV, and I mean financially more so than anything else.





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  • styrum
    01-18 12:43 PM
    This is obvious that it is the "Green Card" and/or temporary visas stamped in the passports of tourists and other short-term visitors that were meant in this law. Then it makes sense, of course: visitors usually don't have any form of identification other than their passport with a visa and immigrants have a small plastic "green card".
    When this law was being written apparently nobody was keeping in mind that there would be "temporary aliens" who are not tourists but people like us, who have lived in the country for many years but don't have an easy to carry "alien registration card" (official for GC) yet. It is absolutely understandable if you recall the CIR discussion in the congress: if any regular person listened to the debate he would be absolutely convinced that with respect to the immigration issue the only categories of people that exist are 1. Legal permanent residents, who have all the rights, same as citizens and no problems. 2. People who want to immigrate to US but currently live outside the country and "are waiting in line" 3. Illegals.

    We don't exist!





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  • GreenLantern
    03-15 01:47 PM
    Yes, the farther away the deadline the better. I would like to really put some time into it.





    go_gc_way
    01-18 02:05 PM
    Hi Go_Gc_Way

    Can you please modify the AD content.

    Immigration voice is a non-profit 501 (c) (4) (pending) organization. All of Immigration Voice�s financial transactions will be audited by a CPA, submitted to the IRS.(please remove pending,we are approved)

    Members from 6000 to 8000.

    Content, content updated. Please verify and let me know.





    krupa
    07-25 03:57 PM
    If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.



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