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Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.

People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)

By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...

Here are the things that needs to be fixed...

1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21


What is "End the endless wait" ?

EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.

Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."

Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)

Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!

http://www.travel.state.gov/pdf/FY10AnnualReport-TableV-PartII.pdf

In AOS, you are in status, even if you are not working. But you must have a valid job offer in hand. They must employ you immediately after your GC approval for the job with same description and salary. Any time USCIS can ask for the job letter.
For unemployment benifits, I don't know.
For empoyment based GC, candidates are suppose to work till get GC. Small gap is ok, if you have job offer. If you are laid off by the GC sponsering company and they are no longer in business means, you are out of status, if no other job or offer in hand.

This is not that straight forward either. Family reunification bills also linked family based immigration to this and very likely run into the same battle between pro-business and pro-family(more so of pro-any-immigration, legal or otherwise) legislators. I spoke to an official in Sen. Cornyn's office and they were of the opinion that he might not support that bill as a whole, while he has been very pro-business STEM bill architect and is ok with the recapture of unused EB visas.
Also, at that time they did not have a plan to re-introduce STEM bill or any flavor of it.

We have a huge mountain in front of us and will need a lot of work to get any of these bills to even make it to the floor for discussion let alone pass. Ultimately that is our challenge after CIR dies (or never wakes up) to make these piece meal bills a higher priority in a sea of high priority/publicized legislations.

I take this as another posiitve.

Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.

Agree with u guys lets push for the family reunification bill.

So why do you have red is good? Was it creativity :P.

In your first post you said you were not from europe which is why greyhair asked you for your country of birth.

Anyway, being from Europe will put you in the ROW (Rest of the World) category and based on the last visa bulletin (Visa Bulletin for July 2010 (http://travel.state.gov/visa/bulletin/bulletin_5019.html)) the priority date for EB3 is 15AUG03 where as EB2 is Current. If you can file in EB2 all is well for you, if not, then based on the priority date for EB3 it will take a long time for you to get the GC. Keep in mind though that ROW is not as bad as some other countries like India and China but the fact that it is currently in 03 indicates that there is certainly a backlog that needs to be cleared before the dates get current.

Hope that helps..

Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.

I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.

Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?

Not sure if this issue has been debated before.

vivache:

Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.

Its a report from your employer saying how many people responded, how many were INTERVIEWED and why were citizens not given your position, if they applied for it , based on the recruitment drive. If there were responses, company has no choice but to conduct interviews and come with a legitimate reason for turnig down citizens. So your lawyer is right.

Pay your lawyer after the work is done, not before, or pay in installments. That keeps the pressure on them.

Hello,

My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.

Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.

I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.

Please help

Gradually it has to come to 2007 for sure
because

1)It came till OCT 2006 in 2007 as well as in 2008 , There would be really few members who would have missed the two boats under EB2
but there will be EB3 -> EB2 conversions not sure how many , Hard to estimate

2)The applications to USCIS are gradually decreasing and the trend probably will continue in 2010, Hence lesser revenues for USCIS

so if PD is stable in coming months or even if it has slow and steady increment, I believe 2007 will be current again in coming 3 quarters, if it doesnt happen in oct bulletin

I recieved reply from consulate stating that I need to get PCC from US consulate as I have not being living in India for a long time therefore there is no use of getting PCC from local police station. Now anybody let me know if I fly to SFO they would give my PCC with in a day or would take time ??/

Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.

Has he already filed? Can you send in your application before July 01 dateline?

Gene

Do you work for saicon.. I also signed something like this.

Clean your sensor!

Yeah, I seen that too.
:o

By contributing monetarily to IVs lobbying efforts.

IV keeps monitoring the newly presented bills in both houses of Congress through its lobbysists and attempts to attach increase to EB quotas to such bills. These efforts require lobbying the US Congressmen and lobbying requires money.

Since IV has limited number of recurring contributors and one-time contributors it has a limited budget. Also, this being an election year chance of any major immigration-related bill passing is remote (immigration being a politically sensitive subject ). Hence IV has been lobbying for Administrative fixes, in the interim, which are more achievable.

If all the IV members become regular contributors, IV will have surplus funds so that it can lobby hard and with more lawmakers to include EB GC increase in all possible legislations.


I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.

How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?

It saves you money because a I140 denial will result in 485 denial. You save the filing fee of 485.

Hi kaisersose
can you please take a few mins and send web faxes?
for tonight we are trying to reach a goal of 2750 faxes......

your efforts will be highly appreciated

thank you

I paid my lawyer with a single check that had the USCIS fee + Attorney Fee...so I never got back the deposited check.....If I had know about this trick, I would have sent my lawyer two separate checks. Is there any way I can call USCIS and ask them the LIN# ?

All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
Then you can go online and ensure that it's valid and the dates match.
Good Luck,

EB3_NEPA

As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.

And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.

If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...

I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.

Hope this helps...

:( That sucks, but thanks for the info.

^^^^^^^^^^^^bump^^^^^^^^^^^^^^^^^

who gave me red mark?

somebody gave red mark...what happened???

Hi all

I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
Thank you!!

Lawyers havent received notice yet either...does CSC only enter receipt dates or do they process EAD, AP etc. as well prior to transfers?
CSC will transfer the 485 to other service center (TSC, etc..) if you do not belong to their jurisdiction, but will process your EAD/AP, if they do the data entry. My 485 is transfered to TSC and got the transfer notice, but they also processed the EAD/AP. Received the EAD/AP from CSC.

I hope you don't mind but with about 20 minutes in photoshop...

:D

Great!!!