redddiv
07-11 11:05 AM
My Lawyer will change only $150 more for refiling...
www.gowda.com
My lawyer was not prompt enough to mail the applications by July 2 and after USCIS issue new update, they decided not to file as it will be rejected. In light of the lawsuits, below is the response I got from them?
"In light of the currently pending class action lawsuit against USCIS and numerous requests to file for Adjustment of Status despite the unavailable visa numbers, we have decided to do the following with regards to current filing of adjustments:
If you have an older priority date (EB-2 or EB-3) such as 2004 or earlier, it would most likely be a waste of your time and money to file your adjustment now. It could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and chances are that your priority date would come current before then, making you eligible to file your adjustment.
If you have an newer priority date (EB-2 or EB-3) such as 2005/6 or later, it may be beneficial to file the adjustment now and become part of the class action lawsuit, but this is just speculation. In any case, the initial filing would be outwardly denied and no immediate benefit would come of it. Even if the lawsuit had a favorable outcome, you will have to refile the adjustment at the time of the court's decision, which would incur more legal fees. Again, it could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and your priority date could come current before then, making you eligible to file your adjustment and making the lawsuit a big waste of time and money.
Ultimately it is your decision as to what you want to do. We are willing to file your case now if you so wish. Please note that our office will be charging full legal fees for each time the adjustment is filed. The full legal fee will be due upon the initial filing of the case, and again on any subsequent filings of the same case, whenever that may be, as all paperwork will have to be redone.
Please keep in mind that once we file your case, we can guarantee that it will be rejected immediately. You will receive no immediate benefit from filing this case. You will not be issued travel documents, and you will not be issued an EAD card."
So friends, what are you folks doing? Any thoughts or comments?
Regards.
www.gowda.com
My lawyer was not prompt enough to mail the applications by July 2 and after USCIS issue new update, they decided not to file as it will be rejected. In light of the lawsuits, below is the response I got from them?
"In light of the currently pending class action lawsuit against USCIS and numerous requests to file for Adjustment of Status despite the unavailable visa numbers, we have decided to do the following with regards to current filing of adjustments:
If you have an older priority date (EB-2 or EB-3) such as 2004 or earlier, it would most likely be a waste of your time and money to file your adjustment now. It could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and chances are that your priority date would come current before then, making you eligible to file your adjustment.
If you have an newer priority date (EB-2 or EB-3) such as 2005/6 or later, it may be beneficial to file the adjustment now and become part of the class action lawsuit, but this is just speculation. In any case, the initial filing would be outwardly denied and no immediate benefit would come of it. Even if the lawsuit had a favorable outcome, you will have to refile the adjustment at the time of the court's decision, which would incur more legal fees. Again, it could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and your priority date could come current before then, making you eligible to file your adjustment and making the lawsuit a big waste of time and money.
Ultimately it is your decision as to what you want to do. We are willing to file your case now if you so wish. Please note that our office will be charging full legal fees for each time the adjustment is filed. The full legal fee will be due upon the initial filing of the case, and again on any subsequent filings of the same case, whenever that may be, as all paperwork will have to be redone.
Please keep in mind that once we file your case, we can guarantee that it will be rejected immediately. You will receive no immediate benefit from filing this case. You will not be issued travel documents, and you will not be issued an EAD card."
So friends, what are you folks doing? Any thoughts or comments?
Regards.
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ras
11-02 03:09 AM
DOL has started taking action against fraudulent companies that try to exploit the employees.
gk_2000
04-20 02:03 PM
@ryan,
Some here are not the gentlemen whom you would have any pleasure discussing with. Better to leave them alone with their rants
Some here are not the gentlemen whom you would have any pleasure discussing with. Better to leave them alone with their rants
2011 frases de amor emo. de amor
PresidentO
05-14 09:03 PM
Should I say that all of you those who bought homes and are having a life bought a home with 0% down and interest only loan so that you can save your taxes now and if your GC does not come through in 5 years, you will walk out with out any loss as you made hefty deductions and haven't paid single penny towards the mortgage and simply go to Timbuktu or Krakovia. I will not!.
Thanks for calling me a hypocrite with out reading the whole answer. I was just giving a hypothetical example on how one can talk about others life and practices in life sitting before a computer. Thanks for your clarification on whom you considered XYZ because lack of GC has stopped them from buying a home. I will respectfully disagree with your opinion that GC is not a non stopper for every one and there is a significant contingent out there who dont want to buy a home without a GC and consider it risk. Opinions differ and yours is taken. Again, You in the above hypothetical example does not refer to any one in person.
Thanks for calling me a hypocrite with out reading the whole answer. I was just giving a hypothetical example on how one can talk about others life and practices in life sitting before a computer. Thanks for your clarification on whom you considered XYZ because lack of GC has stopped them from buying a home. I will respectfully disagree with your opinion that GC is not a non stopper for every one and there is a significant contingent out there who dont want to buy a home without a GC and consider it risk. Opinions differ and yours is taken. Again, You in the above hypothetical example does not refer to any one in person.
more...
waitingGC
01-31 12:34 PM
What plannet r u from that u donno abt desi companies and LC sell ? myself a human from earth :-)
desi companies r indian companies and they sell LC openly , Eb2 pre approved labor has a rate approx 20k USD .
desi companies sell H1b also , u pay money and they will get it for u , see sulekha.com for example .
I am not in the IT industry so I have no idea about these Desi companies till today. If they sell EB2 LC for 20k USD, how come there are still so many people waiting instead of buying a GC?
desi companies r indian companies and they sell LC openly , Eb2 pre approved labor has a rate approx 20k USD .
desi companies sell H1b also , u pay money and they will get it for u , see sulekha.com for example .
I am not in the IT industry so I have no idea about these Desi companies till today. If they sell EB2 LC for 20k USD, how come there are still so many people waiting instead of buying a GC?
santb1975
01-31 06:50 PM
Keep this question under Top # 5
more...
eb3retro
06-13 09:28 PM
not sure how to do this. can some one in this thread create a poll just for eb3-India just to see a ball park number of people waiting in eb3 india and for how long they are waiting (may be we can start from jan 2001 all the way till jun 2008). This atleast would give us an idea of how many IVers are waiting in eb3 queue..pls discard if you did not like this idea. thanks.
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GCOP
08-12 01:26 PM
http://www.visi.com/juan/congress/
Once the Break is Over in 2nd week of September, We all should call members of congress , as many as possible, to get their Support for Visa Recapture Bill. If that bill passes, it will help all the EB categories.
Once the Break is Over in 2nd week of September, We all should call members of congress , as many as possible, to get their Support for Visa Recapture Bill. If that bill passes, it will help all the EB categories.
more...
green/red/yellow whatever
09-17 01:52 PM
I am not seeing any movement in the video. I can just see the American Eagle on the screen? any idea whats going on.. ? ??
just stop the video and start again. hopefully that should help
just stop the video and start again. hopefully that should help
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JS2225
09-02 05:16 PM
Thanks.
I have another question:
If the PERM was filed in a different state should the person move to that state after GC approval? This is under the assumption that the person continues to work for the sponsor company.
I have another question:
If the PERM was filed in a different state should the person move to that state after GC approval? This is under the assumption that the person continues to work for the sponsor company.
more...
Vexir
06-19 10:36 PM
Bah. Skinned the stupid click wheel. What is it with you guys and the click wheel.. IT DOESNT WANT TO BE PAINTED
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nviren
04-10 06:01 PM
Hi Core team,
What do you think about the idea of coming up with a nice catchy bumper sticker and selling it to our current and prospective members?
We could raise some awareness and more importantly funds that way.
What do you think about the idea of coming up with a nice catchy bumper sticker and selling it to our current and prospective members?
We could raise some awareness and more importantly funds that way.
more...
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sangarmool
10-08 04:56 PM
Someone gave me red dot with following comment --
please look at your very H-1 visa application and interview, you would have also said to the visa officer that you DO NOT have immigrant intent. I dont know of a single person who said that they HAVE an intention to immigrate.
Yes buddy, you lied....for a long time and now you are talking!
H1 is a dual intent. So you can always say that you intent to immigrate. I have said the same many times to the immigration officers and usually they have said no problem.
please look at your very H-1 visa application and interview, you would have also said to the visa officer that you DO NOT have immigrant intent. I dont know of a single person who said that they HAVE an intention to immigrate.
Yes buddy, you lied....for a long time and now you are talking!
H1 is a dual intent. So you can always say that you intent to immigrate. I have said the same many times to the immigration officers and usually they have said no problem.
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ars01
07-18 11:01 AM
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I agree. The short term relief will be short term. After a year or so we all will be frustrated with the delay in getting GC as that point we will already be tired of renewing EAD (and Advance Parole??) every year. We must work on capturing the unused visas. Otherwise the feeling is correct, no GC for several years after filing.
USCIS allowed filing but there is no guarantee they will open those envelops and starts working on that. They have a good excuse and that is called THE BACKLOG. I think we should suggest Dipa Nair to make a move named "The Backlog" and I am sure bollywood in India can do a nice entertaing job for that as well.
Rahul
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I agree. The short term relief will be short term. After a year or so we all will be frustrated with the delay in getting GC as that point we will already be tired of renewing EAD (and Advance Parole??) every year. We must work on capturing the unused visas. Otherwise the feeling is correct, no GC for several years after filing.
USCIS allowed filing but there is no guarantee they will open those envelops and starts working on that. They have a good excuse and that is called THE BACKLOG. I think we should suggest Dipa Nair to make a move named "The Backlog" and I am sure bollywood in India can do a nice entertaing job for that as well.
Rahul
more...
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msp1976
02-11 12:39 PM
There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3
-Quote
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
-Quote
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
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ushkand
07-20 09:54 AM
Did you keep new filing fee also? When I spoke to custumer service by 800 number call, she said you have to keep new check and original sealed medical along with duplicat filing.Wish you all the best!
Yes, I basically sent in a complete new application.
Yes, I basically sent in a complete new application.
more...
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kshitijnt
07-17 10:29 PM
Since Visa numbers trickle down, the more visa numbers there are available, the more will trickle down to countries with high demand... recapturing visa numbers might be easier than taking a poke at per country limit.. IMHO...
I am thinking about future generations as well.
1) Remove per country cap.
2) Remove dependant number count
Recapture of visas is good but its only 1 time thing. Unless its automatic recapture by law.
I am thinking about future generations as well.
1) Remove per country cap.
2) Remove dependant number count
Recapture of visas is good but its only 1 time thing. Unless its automatic recapture by law.
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kaarmaa
01-10 02:12 PM
I doubt you will get a reply for your honest and valid concerns :)
I have been a IV member since 2006 . I have seen the ups/downs . donated money , sent letters , attended rallies and done whatever has been been proposed . But I see that many senior members who had the drive to motivate people are not sending or being part of any messages or threads at all and that is exactly why the movement seems to be losing steam .
The standard response that I see to any question is "have you donated money ? " . "Don't ask for anything till you have donated. " this is followed by some some red dots which normally works to silence the questions. People will be willing to donate when they believe in the movement . I remember we collected $ 30,000 in 1 month before the rally there was huge thread with all the donations . People were charged up and the money came up automatically . I am willing to donate but to be brutally honest I do not see the same level of motivation as was there in 2006 / 2007 days .Please use this as a wakeup call and not as reason to vent your frustration on me .
There are many senior members who I do not even see any more . Members joining in late 2007 or early 2008 will not know any of these guys .
Aman Kapoor . He is the founder of IV . I have not seen his messages since the past 3 years almost . Where is he ? Is it too much for him to send a greeting in New years eve motivating the members ? It takes just 2 minutes .
Mark Bartosik :- He was supposed to the spokesperson for IV .The guy with the MasterCard sign for immigration . I have not seen him for quite some time now
Where are the other senior leaders like
a) Walden Pond
b) There was a this British Girl from San Jose ( had a handle which had name like Rose or something )
c) Niloufer Bustani from Dallas. I see her once in a while but very sparingly .
The others even I have forgotten completely.
The only leadership/core that I see is Pappu and no one else . If you have a country where the prime minister shows his face only once in 4 years , how are the people supposed to believe in that movement ? Please don't reply with a message saying what have I done or why can't I contribute money ? I have done that I am looking for leadership to show us the way and motivate us . All campaigns don't need money donations( Letters , calls , faxes etc ) . We could start with that and then drum up support and momentum and then the money will start flowing in automatically . There has to be a synchronized campaign organized by the leadership and all I see is everybody putting their eggs in the basket called spillover.
I have been a IV member since 2006 . I have seen the ups/downs . donated money , sent letters , attended rallies and done whatever has been been proposed . But I see that many senior members who had the drive to motivate people are not sending or being part of any messages or threads at all and that is exactly why the movement seems to be losing steam .
The standard response that I see to any question is "have you donated money ? " . "Don't ask for anything till you have donated. " this is followed by some some red dots which normally works to silence the questions. People will be willing to donate when they believe in the movement . I remember we collected $ 30,000 in 1 month before the rally there was huge thread with all the donations . People were charged up and the money came up automatically . I am willing to donate but to be brutally honest I do not see the same level of motivation as was there in 2006 / 2007 days .Please use this as a wakeup call and not as reason to vent your frustration on me .
There are many senior members who I do not even see any more . Members joining in late 2007 or early 2008 will not know any of these guys .
Aman Kapoor . He is the founder of IV . I have not seen his messages since the past 3 years almost . Where is he ? Is it too much for him to send a greeting in New years eve motivating the members ? It takes just 2 minutes .
Mark Bartosik :- He was supposed to the spokesperson for IV .The guy with the MasterCard sign for immigration . I have not seen him for quite some time now
Where are the other senior leaders like
a) Walden Pond
b) There was a this British Girl from San Jose ( had a handle which had name like Rose or something )
c) Niloufer Bustani from Dallas. I see her once in a while but very sparingly .
The others even I have forgotten completely.
The only leadership/core that I see is Pappu and no one else . If you have a country where the prime minister shows his face only once in 4 years , how are the people supposed to believe in that movement ? Please don't reply with a message saying what have I done or why can't I contribute money ? I have done that I am looking for leadership to show us the way and motivate us . All campaigns don't need money donations( Letters , calls , faxes etc ) . We could start with that and then drum up support and momentum and then the money will start flowing in automatically . There has to be a synchronized campaign organized by the leadership and all I see is everybody putting their eggs in the basket called spillover.
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Circus123
01-30 05:41 PM
Just voted
vactorboy29
06-11 04:26 PM
--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7
As describe by you above scenario .how come even your fault when car 7 or all other front car come stand still or go below road posted speed. I would argue that car7 is the initiator and reason to disturb traffic not you even if hit from back side and cause ripple effect. I would say car7 is at major fault and you should defend your case and sue all upfront car drivers for not violating traffic rules and causing this much inconvenience.
Myself car1 car2 car3 car4 car5 car6 car7
As describe by you above scenario .how come even your fault when car 7 or all other front car come stand still or go below road posted speed. I would argue that car7 is the initiator and reason to disturb traffic not you even if hit from back side and cause ripple effect. I would say car7 is at major fault and you should defend your case and sue all upfront car drivers for not violating traffic rules and causing this much inconvenience.
santb1975
01-30 05:07 PM
it is at 22 now. I will post this on the so.Cal chapter
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