venky321
01-13 08:52 PM
Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.
Now they go back and say that was a misinterpretation of existing laws :eek:
Now they go back and say that was a misinterpretation of existing laws :eek:
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msp1976
02-13 03:05 PM
You guys still think it is horizontal. This has been discussed so many times with reference to the law; the note in november 2005 visa bulletin; another lawyer who received statistics in chinees overall approvals for 2006 which were going to be close to 7% and you guys still believe this is a gray area.
USCIS today is using the vertical flow...I acknowledge that....
It might be a defendable position in courts ..... My arguement is that the original text of of the law is ambigous enough to mount a challenge...It might not succeed but it is possible to take a shot at it....It is a long shot.....
USCIS today is using the vertical flow...I acknowledge that....
It might be a defendable position in courts ..... My arguement is that the original text of of the law is ambigous enough to mount a challenge...It might not succeed but it is possible to take a shot at it....It is a long shot.....
ramus
07-04 09:03 AM
Thanks..
Could you look at the following report and try to find email of the reporter and let him/her know what happened with us.
http://www.hispanicbusiness.com/news/newsbyid.asp?id=68312&cat=Today's+Most+Popular+Stories&more=/news/newspopular.asp
Thanks..
We need multipal people working on different action items.. Lets spend our holiday doing something for us/IV.
also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.
Could you look at the following report and try to find email of the reporter and let him/her know what happened with us.
http://www.hispanicbusiness.com/news/newsbyid.asp?id=68312&cat=Today's+Most+Popular+Stories&more=/news/newspopular.asp
Thanks..
We need multipal people working on different action items.. Lets spend our holiday doing something for us/IV.
also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.
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u.misc
01-25 02:55 PM
I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.
I came here in 1999, at that time employer was not bound to pay for H1-B expense. Later USCIS enforced the law and now most employer do pay for H1-B.
However for GC, its the employer's discretion and there is no written rule as who should bear the cost fo GC filing. I paid for mine.
I came here in 1999, at that time employer was not bound to pay for H1-B expense. Later USCIS enforced the law and now most employer do pay for H1-B.
However for GC, its the employer's discretion and there is no written rule as who should bear the cost fo GC filing. I paid for mine.
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darslee
07-03 10:24 PM
I don't know about it. Anyone with details should post summary.
I think it is not relevent for EAD/AP but we can use it when we need it
Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to ajudicate the I485.
I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again. :(
Hope the info clarifies the "age out" situation!
I think it is not relevent for EAD/AP but we can use it when we need it
Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to ajudicate the I485.
I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again. :(
Hope the info clarifies the "age out" situation!
phenyle
07-28 06:23 PM
Hi,
Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.
Please advice what i could do to find out why my processing has been delayed.
Thanks,
ashish
Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.
Please advice what i could do to find out why my processing has been delayed.
Thanks,
ashish
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sidbee
06-02 04:01 PM
I am sure once you take a lead and file it yourself many will agree with you then. People will know it is not just talk and posts but you mean it.
If i had the time and money , to do it , I wont be appealing to IV to do it.
I would have done it by now, and not requesting a team effort.
If i had the time and money , to do it , I wont be appealing to IV to do it.
I would have done it by now, and not requesting a team effort.
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logiclife
06-28 04:29 PM
So, what did your lawyer say? Would sure love to know, once you hear back.
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
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deepakjain
01-22 04:17 PM
Deepak, are you a consultant or FTE?
I work on full time basis. have pending 485 and do have EAD and AP, per my attorney decided to get visa stamped on my passport so that do not have to renew AP and EAD every year. I do not intend to leave the employer neither does my employer has any intention of kicking me out.
I work on full time basis. have pending 485 and do have EAD and AP, per my attorney decided to get visa stamped on my passport so that do not have to renew AP and EAD every year. I do not intend to leave the employer neither does my employer has any intention of kicking me out.
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lazycis
12-14 01:47 PM
OK, let's assume the SC invalidates country-based quotas. All EB-based immigration has to stop at that point until new law is written and passed. New law can remove EB immigration altogether or implement quotas in a different way. It's a dicey citation at best. On top of this, you do not realize how hard it is to win constitutional challenge. We are having difficult time convincing judges that the USCIS has a duty to process our applications. The government argues that it does not have to process them if it chooses so and a lot of judges support that position!!!
Rajiv Khanna made a great effort on behalf of all EB-based applicants but even he could not get class action certification for AOS delays.
If you are looking for an advice, write or e-mail to AILF or ACLU. No need to spend IV money on this. Do not get me wrong, I am always glad to support new ideas and to challenge government in court, but this one is just not going to fly. EEO is completely different area and there is no conflict between EEO and the INA whatsoever. It's nice to be able to see outside of the box, but from time to time it's good to use conventional wisdom as well.
Rajiv Khanna made a great effort on behalf of all EB-based applicants but even he could not get class action certification for AOS delays.
If you are looking for an advice, write or e-mail to AILF or ACLU. No need to spend IV money on this. Do not get me wrong, I am always glad to support new ideas and to challenge government in court, but this one is just not going to fly. EEO is completely different area and there is no conflict between EEO and the INA whatsoever. It's nice to be able to see outside of the box, but from time to time it's good to use conventional wisdom as well.
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samay
07-14 06:08 AM
[QUOTE=AllVNeedGcPc;259781]I am a software engineer (15-xxx series):
- my LC got approved with 17-xxx code (Mechanical Engineer) (BECs fault, our forms OK), in 2006
- applied for LC amendment and returned original LC to BEC, right then
- No word from BEC, waited for a year, assumed 140 lost and then applied 140 with 17-xxx code and a copy of returned LC, in April 2007
- Applied EAD and AP, on July 2nd 2007
- meanwhile (after 140 application) LC got amended with new 15-xxx code, in August 2007 (Just before BECs shutdown)
- 140 that was applied in April 2007 is still pending
- Atty says that we will send the amended LC once we get an RFE
Should we wait for an RFE or should we inform USCIS about the amended code?
In my opinion you should have filed a copy of amended LC with the USCIS when you received it.
- my LC got approved with 17-xxx code (Mechanical Engineer) (BECs fault, our forms OK), in 2006
- applied for LC amendment and returned original LC to BEC, right then
- No word from BEC, waited for a year, assumed 140 lost and then applied 140 with 17-xxx code and a copy of returned LC, in April 2007
- Applied EAD and AP, on July 2nd 2007
- meanwhile (after 140 application) LC got amended with new 15-xxx code, in August 2007 (Just before BECs shutdown)
- 140 that was applied in April 2007 is still pending
- Atty says that we will send the amended LC once we get an RFE
Should we wait for an RFE or should we inform USCIS about the amended code?
In my opinion you should have filed a copy of amended LC with the USCIS when you received it.
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arunmohan
10-09 04:07 PM
Group:
Please send this letter, It is just 5 minutes job. We should add US Secretary of the Treasury, Mr Henry Paulson.
I think we should send a hard copy too, If you send a hard copy of the letter, you receive the response for sure.
They should give us a condtional GC that if you buy a house in a year then your conditional GC would be a permanent otherwise it will be rejected after one year.
Please send this letter, It is just 5 minutes job. We should add US Secretary of the Treasury, Mr Henry Paulson.
I think we should send a hard copy too, If you send a hard copy of the letter, you receive the response for sure.
They should give us a condtional GC that if you buy a house in a year then your conditional GC would be a permanent otherwise it will be rejected after one year.
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svgupta
05-14 12:31 PM
http://www.immigration.com/faq/canadianvisa.html#309
Much information is available on the web, just try posting questions on yahoo/google!
Much information is available on the web, just try posting questions on yahoo/google!
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soma
02-12 10:52 PM
how abt IV core leading us here or how abt murthy and other IV supporters who are immigration lawyers too.
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Caliber
09-04 12:11 PM
It is a shame for IV.
You have 352 posts and not one dollar contribution. Are you talking about shame on IV?
You have 352 posts and not one dollar contribution. Are you talking about shame on IV?
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gvenkat
02-13 01:57 PM
Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:
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chi_shark
09-23 10:31 AM
dude, suck in your hot air and sit down on the bench.
This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.
thanks,
aps
This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.
thanks,
aps
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sbabunle
04-28 08:23 PM
Now its just a matter of time..I'm glad it is a rule now. I think
a ton of applications will end up in trash cans. Especially from these
consulting companies..
Only thing is that they have 45 day validity for approved labor.
Hope they extended it some more time.
a ton of applications will end up in trash cans. Especially from these
consulting companies..
Only thing is that they have 45 day validity for approved labor.
Hope they extended it some more time.
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Macaca
06-28 08:09 PM
but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?
That is why I (and my lawyer) expected dates to continue in July + Aug. I actually expected USCIS to continue and use 2008 quota and start retrogressing in Nov 2007.
My analysis is based on info in Ombudsman report. May be there is more stuff! May be something changed! May be they did not have # of adj applicants.
We can complain to Ombudsman!
That is why I (and my lawyer) expected dates to continue in July + Aug. I actually expected USCIS to continue and use 2008 quota and start retrogressing in Nov 2007.
My analysis is based on info in Ombudsman report. May be there is more stuff! May be something changed! May be they did not have # of adj applicants.
We can complain to Ombudsman!
DSLStart
09-23 03:39 PM
:D:D:D How do you expect them to give you a gori too?
You start looking for singles working @ uscis ;)
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
You start looking for singles working @ uscis ;)
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
mbawa2574
02-15 04:25 PM
Human nature is what tends to create the monopoly. That's the reason for having laws, we know favorism will always exist but a law would prevent it from going over the limit. The way you want it we'll have whites-only-business, asians-only-business and so on..
When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.
America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.
When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.
America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.
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