jkays94
07-21 08:26 PM
AILA now feels defeated because they could not show themselves as the protector of this community. If you see the lawsuit text by AILF, it clearly asks for money for lawyer fees, but does not asks for moeny for Medical exam and mental agony. So if you are going to trust your lawyers to help you, then good luck.
By the way, your Indian lawyer I dont know the name, sued DOL once and lost.
IV alone did not win the battle alone, it took the concerted efforts of IV and other organizations including AILA and the threat of the AILF lawsuit to get DOS and USCIS to relent and reverse their decision.
It obvious you misunderstood the purpose of the AILF lawsuit. Why file a lawsuit seeking injunctive relief to allow plaintiffs to file and at the same time demand reimbursement of medical fees and compensation for mental agony (I doubt if there were any plaintiffs put on anti-depressants or therapy in those two weeks as a result of the decision). You can't have your cake and eat it, you either win the case to enable filing, or you sue for damages incurred as a result of the decision but then you have to forget about contesting the ability to file, I'm sure any sane individual will be glad to choose the former and in this case thats what the lawsuit reflects. If you have ever read any class action lawsuit, the lawyers always ask for costs of the suit, this is normal even in non class action lawsuits, the loosing party pays the prevailing party's costs!
In the prior lawsuit that was lost, it is clear that Rajiv said recently that such cases against the executive branch of government need to filed in other federal court circuits other than the DC one where it is likely they will not be inclined to frown when deciding against the executive. For the record, his lawsuit was not against the DOL.
By the way, your Indian lawyer I dont know the name, sued DOL once and lost.
IV alone did not win the battle alone, it took the concerted efforts of IV and other organizations including AILA and the threat of the AILF lawsuit to get DOS and USCIS to relent and reverse their decision.
It obvious you misunderstood the purpose of the AILF lawsuit. Why file a lawsuit seeking injunctive relief to allow plaintiffs to file and at the same time demand reimbursement of medical fees and compensation for mental agony (I doubt if there were any plaintiffs put on anti-depressants or therapy in those two weeks as a result of the decision). You can't have your cake and eat it, you either win the case to enable filing, or you sue for damages incurred as a result of the decision but then you have to forget about contesting the ability to file, I'm sure any sane individual will be glad to choose the former and in this case thats what the lawsuit reflects. If you have ever read any class action lawsuit, the lawyers always ask for costs of the suit, this is normal even in non class action lawsuits, the loosing party pays the prevailing party's costs!
In the prior lawsuit that was lost, it is clear that Rajiv said recently that such cases against the executive branch of government need to filed in other federal court circuits other than the DC one where it is likely they will not be inclined to frown when deciding against the executive. For the record, his lawsuit was not against the DOL.
vishwak
03-29 09:05 AM
I read the news too at The Oh Law Firm (http://www.immigration-law.com/)
Hope this hold and comes true. All the best to my brothers and me.
Hope this hold and comes true. All the best to my brothers and me.
Legal
07-03 05:27 PM
:D This bill will be passed for sure before August. You and me are not behind this. Microsoft, CISCO and Oralce are the ones indirectly calling the shots. Anti immigrant groups can just talk and shout. Money($$$) will show it in action. Wait and Watch.
hopefulgc
03-05 10:30 AM
1) Asking for money to issue a report under FOIA cannot be justified. If the data is public, it is USCIS's job to bring it to us.
2) It is certain that we would be able to get USCIS to waive the $5k fee... but it would take time.
3) If we pay up and they make the program... we need a way so that we can request the reports at regular intervals... after all once the report is prepared, it is available and we should be able to make use of it.
4) A better idea might be to pay the $5k, but instead ask them to make an API.. to which one can we can supply the boundary priority dates using a RESTful service. If we are gonna give money.. we better get the restrained control in our hands. This will help future applicants.
2) It is certain that we would be able to get USCIS to waive the $5k fee... but it would take time.
3) If we pay up and they make the program... we need a way so that we can request the reports at regular intervals... after all once the report is prepared, it is available and we should be able to make use of it.
4) A better idea might be to pay the $5k, but instead ask them to make an API.. to which one can we can supply the boundary priority dates using a RESTful service. If we are gonna give money.. we better get the restrained control in our hands. This will help future applicants.
more...
sunny1000
06-29 03:37 AM
<<<<< please call >>>>>
chanduv23
09-05 12:49 PM
Add 1 to counter. I am in from California...
Way to go. U DA MAN, see u in DC
Way to go. U DA MAN, see u in DC
more...
chanduv23
09-24 11:22 PM
yes I 140 has been approved in Feb o7.
Let me wait for actual denial letter.
It seems that is the best option at this point for me.
- Thanks
Looks like USCIS is sending more denial letters on AC21 cases these days, a lot of VOs may not have been trained on AC21.
I took infopass this week to find out status of my case (AC21 responded to NOID and case reopened and lot of soft LUDs) - the VO was trying to be judgemental instead of looking at computer and answer my question. She said "If you change job and 140 is revoked, there is no way your 485 will get approved" and when I insisted her to look at computer and let me know status, after some nagging, she looked and told me case is pending and NC cleared and I will receive a decision sometime but not very soon.
Believe me, a lot of VOs do not know AC21 stuff.
Let me wait for actual denial letter.
It seems that is the best option at this point for me.
- Thanks
Looks like USCIS is sending more denial letters on AC21 cases these days, a lot of VOs may not have been trained on AC21.
I took infopass this week to find out status of my case (AC21 responded to NOID and case reopened and lot of soft LUDs) - the VO was trying to be judgemental instead of looking at computer and answer my question. She said "If you change job and 140 is revoked, there is no way your 485 will get approved" and when I insisted her to look at computer and let me know status, after some nagging, she looked and told me case is pending and NC cleared and I will receive a decision sometime but not very soon.
Believe me, a lot of VOs do not know AC21 stuff.
ramus
06-10 09:35 AM
It was only for green card holders..
Please contribute to IV if you have not done it yet.
Senator Hilary Clinton introduced an amendment to exempt apllicant's dependents from visa quotos, which will reduce the retrogression signifcantly, why Core choose the Coryn's not supporting Hilary Clinton's? She is very likly to be our future president.
Please contribute to IV if you have not done it yet.
Senator Hilary Clinton introduced an amendment to exempt apllicant's dependents from visa quotos, which will reduce the retrogression signifcantly, why Core choose the Coryn's not supporting Hilary Clinton's? She is very likly to be our future president.
more...
chanduv23
12-01 09:53 AM
One option for H4s could be to involve in organizations like Bill and Melinda Gates foundation or similar social service organizations. Well educated people can do wonders in social service. Everyone must do social service, it would be great if H4s can occupy themselves more into voluntary work etc...
deepak
08-07 05:27 PM
I agree, India is a far better option.
Assuming this discussion is about immigration/permanent-settlement and not about short term visits, work and study.
On the side note, The only problem faced in india is over population which triggers almost all other issues. If india implements onechildpolicy most of the problems faced today will disappear in few decades. Your child (note: singular) need not leave india to enjoy international level lifestyle & benefits.
As a backup plan to greencard advocacy we need to lobby the indian government to implement onechildpoilcy immediately.
You do realise that one of the biggest reasons for India's rapid growth is it's population right? It is both a boon and a curse. And if you "enforce" a one child policy, there will be a rapid decline in population. There will be major social problems, what happens to a couple if their only child dies in teenage?. Apart from obvious social issues (kids will have fewer cousins and fewer relatives), the biggest problems will arise in 30 years when the severely depleted young populace will have to support the huge number of retired old workers either directly through parental support or indirectly through taxes.
Think of your old age too, these solutions look interesting, but it will kill the very reasons that make India attractive today.
A gradual stabilization of population by encouraging families to have just two children through social programs is the way to go and I think India has done a good job of it in the last 2-3 decades. These things take time.
And before you quote China's "significant progress", 25 years later, they are going through a lot of issues. For example, take a look at this http://www.nytimes.com/2009/07/25/world/asia/25shanghai.html
Assuming this discussion is about immigration/permanent-settlement and not about short term visits, work and study.
On the side note, The only problem faced in india is over population which triggers almost all other issues. If india implements onechildpolicy most of the problems faced today will disappear in few decades. Your child (note: singular) need not leave india to enjoy international level lifestyle & benefits.
As a backup plan to greencard advocacy we need to lobby the indian government to implement onechildpoilcy immediately.
You do realise that one of the biggest reasons for India's rapid growth is it's population right? It is both a boon and a curse. And if you "enforce" a one child policy, there will be a rapid decline in population. There will be major social problems, what happens to a couple if their only child dies in teenage?. Apart from obvious social issues (kids will have fewer cousins and fewer relatives), the biggest problems will arise in 30 years when the severely depleted young populace will have to support the huge number of retired old workers either directly through parental support or indirectly through taxes.
Think of your old age too, these solutions look interesting, but it will kill the very reasons that make India attractive today.
A gradual stabilization of population by encouraging families to have just two children through social programs is the way to go and I think India has done a good job of it in the last 2-3 decades. These things take time.
And before you quote China's "significant progress", 25 years later, they are going through a lot of issues. For example, take a look at this http://www.nytimes.com/2009/07/25/world/asia/25shanghai.html
more...
abhijitp
04-25 07:38 PM
Date of sign up: Apr. 25, 2008
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$50.00 USD for each month
Thanks.
A Monthly Sign-up is more than worth any number of individual contributions-- for it represents your trust in IV and what it's trying to do for this community-- so a BIG THANK YOU!
Subscription Name: Secure $50 Per Month Recurring Contribution
Subscription Number: S-1KD34378HJ281644A
Item Number: Secure $50 Per Month Recurring Contribution
Subscription Terms:
$50.00 USD for each month
Thanks.
A Monthly Sign-up is more than worth any number of individual contributions-- for it represents your trust in IV and what it's trying to do for this community-- so a BIG THANK YOU!
rockstart
07-09 03:40 PM
Right now the anti immigration folks are not even ready to raise H1 quota by 10K . Imagine if some one asked them to allow H4 visa holders to work that is straight 100K - 300K more people in market plus least 40K added every year. How much ever I like or support your feelings its next to impossible to get any one to support this. I guess most H4 are already aware that they will not be able to work in USA. They can use the time creatively to get higher education or apply for H1.
Why doesnt US govt allow H4 Visa holders to work like Australian Govt does??????
Rather than crying for shortage of Manpower they should utilize the talent already present in the country. Has someone every raised this issue with the senate? I dont think so....and I think there is no forum also to take it up.
This is a pure case of discrimination.
Please think and contrubute.
Regards,
:)
Why doesnt US govt allow H4 Visa holders to work like Australian Govt does??????
Rather than crying for shortage of Manpower they should utilize the talent already present in the country. Has someone every raised this issue with the senate? I dont think so....and I think there is no forum also to take it up.
This is a pure case of discrimination.
Please think and contrubute.
Regards,
:)
more...
zico123
06-21 06:36 PM
I do not have paystubs from company B and C. If I have to reenter US, will that be a problem? Please help me out.
If you have to get visa stamping outside US then you only need to show paystubs for current employer. The CO will check if you have been in status throughout your stay in US and might ask you why you change employers so many times.
If you have to get visa stamping outside US then you only need to show paystubs for current employer. The CO will check if you have been in status throughout your stay in US and might ask you why you change employers so many times.
sanjeev_2004
06-14 04:39 AM
CHECKLIST OF DOCUMENTS FOR ADJUSTMENT OF STATUS
**Please make sure all COPIES are Clear and Legible
1.Original I-140 Approval Notice /Receipt Notice (Legal Dept. will have this)
2.*Copy of Birth Certificate of Employee and ALL Dependent Family Members
(Please provide translations if not in English)
** If NO birth certificate is available then a “Non-Availability Certificate” MUST BE
SUBMITTED with Affidavits of Birth, Executed by two immediate family
members who were 5 years of age or older at the time the birth took place—
(Please see attached sample)
*** If a birth certificate was recently issued, then it MUST BE SUBMITTED along with Affidavits of Birth, Executed by two immediate family members who were 5 years of age or older at the time the birth took place—(Please see attached sample)
**** Please also include U.S. Citizen Children’s Birth Certificate(s)
3. Copy of Marriage Certificate
(Please provide translations if not in English)
4. Copy of all Divorce Decrees
(Please provide translations if not in English)
5. U.S. Federal Tax Returns - IRS Form 1040 for the last THREE (3) years
*(Please do not send W-2’s unless requested)
6. 3 Months of most recent Paystubs
7. 6 photos of employee and each dependent
8. Form I-693 Medical Examination – by U.S. Civil Surgeon
(Please call 1-800-375-5283 for a list of registered U.S. Civil Surgeons in your area)
9. Copy of ALL pages (including blank pages) of Current and Expired passports for employee and dependents
**Please make COLOR copies of the front page of your passport(s) and visa page(s)
10. Copies of ALL I-94 cards, I-797 Approvals (H-1B & H-4s), I-20s, and EAD cards.
11. COLOR Copy (front and back) of State issued Drivers’ License and/or State Identification Card
My birth certificate is in Hindi and i am not able to get in english. How i can translate my hindi birth certificate in english. Can a layer do that any other place in india. what is procedure of translation. any format or some thing?
OR
Can i show Affidavits of birth from my brothers but my only one brother is more then 5 years older. how can i solve this issue. and what is format of “Non-Availability Certificate” affidavits.
thanks.
**Please make sure all COPIES are Clear and Legible
1.Original I-140 Approval Notice /Receipt Notice (Legal Dept. will have this)
2.*Copy of Birth Certificate of Employee and ALL Dependent Family Members
(Please provide translations if not in English)
** If NO birth certificate is available then a “Non-Availability Certificate” MUST BE
SUBMITTED with Affidavits of Birth, Executed by two immediate family
members who were 5 years of age or older at the time the birth took place—
(Please see attached sample)
*** If a birth certificate was recently issued, then it MUST BE SUBMITTED along with Affidavits of Birth, Executed by two immediate family members who were 5 years of age or older at the time the birth took place—(Please see attached sample)
**** Please also include U.S. Citizen Children’s Birth Certificate(s)
3. Copy of Marriage Certificate
(Please provide translations if not in English)
4. Copy of all Divorce Decrees
(Please provide translations if not in English)
5. U.S. Federal Tax Returns - IRS Form 1040 for the last THREE (3) years
*(Please do not send W-2’s unless requested)
6. 3 Months of most recent Paystubs
7. 6 photos of employee and each dependent
8. Form I-693 Medical Examination – by U.S. Civil Surgeon
(Please call 1-800-375-5283 for a list of registered U.S. Civil Surgeons in your area)
9. Copy of ALL pages (including blank pages) of Current and Expired passports for employee and dependents
**Please make COLOR copies of the front page of your passport(s) and visa page(s)
10. Copies of ALL I-94 cards, I-797 Approvals (H-1B & H-4s), I-20s, and EAD cards.
11. COLOR Copy (front and back) of State issued Drivers’ License and/or State Identification Card
My birth certificate is in Hindi and i am not able to get in english. How i can translate my hindi birth certificate in english. Can a layer do that any other place in india. what is procedure of translation. any format or some thing?
OR
Can i show Affidavits of birth from my brothers but my only one brother is more then 5 years older. how can i solve this issue. and what is format of “Non-Availability Certificate” affidavits.
thanks.
more...
micofrost
07-18 02:09 PM
Ok, firstly, if you are really honest about your feelings, no one is really happy for another unless what the other has done is useful to you. You can wax your eloquence with claims to contrary, but you know it is true. So stop this pretensions.
Ok, you want a constructive suggestion? Rat on everyone who is doing fake jobs, is a body-shopee, bought his GC etc. That should get rid of at least 20-30% (conservative numbers). How many will support it? I guess not many.
How about asking USCIS to make the priority date of the substituted applications to be the day 140 is filed? Any takers there? I guess not.
And then people have the gall to tell us to be happy for Eb2ers, and that we are jealous.
PS: I realize that substitution is no longer possible, I mean to ask USCIS to retroactively apply the priority dates for such cases.
U know what, actually we all eb2 guys are very sad about the eb3 plight. And if we do get a visa number, we will request uscis to dsitribute it to eb3 category. does this make u guys happy now ???
why dont u think abt those guys, who filed in eb3 earlier, knew that the trouble is brewing, and switched jobs to be able to file under eb2. why you guys dint do that so far. dont blame uscis. they were, the are and they will remain a mystery for ever. its not our birthright. if DOS thinks they need more research grads, they will keep eb1 current, if they need more exp guys, they will improve the b2 category. And if they need more frsh grads, they will come to eb3. And if some exp person is stuck in eb3, he himself is to be blamed. dont blame anyone else for your ignorance of GC rules then.
So fact is we all are under DOS/USCIS mercy. 2 years back it was eb3 turn, now it is eb2 turn. Unfortunately no is blaming why ebI is always current. if that reason you can digest, then you should have the gall to digest this one too.
Ok, you want a constructive suggestion? Rat on everyone who is doing fake jobs, is a body-shopee, bought his GC etc. That should get rid of at least 20-30% (conservative numbers). How many will support it? I guess not many.
How about asking USCIS to make the priority date of the substituted applications to be the day 140 is filed? Any takers there? I guess not.
And then people have the gall to tell us to be happy for Eb2ers, and that we are jealous.
PS: I realize that substitution is no longer possible, I mean to ask USCIS to retroactively apply the priority dates for such cases.
U know what, actually we all eb2 guys are very sad about the eb3 plight. And if we do get a visa number, we will request uscis to dsitribute it to eb3 category. does this make u guys happy now ???
why dont u think abt those guys, who filed in eb3 earlier, knew that the trouble is brewing, and switched jobs to be able to file under eb2. why you guys dint do that so far. dont blame uscis. they were, the are and they will remain a mystery for ever. its not our birthright. if DOS thinks they need more research grads, they will keep eb1 current, if they need more exp guys, they will improve the b2 category. And if they need more frsh grads, they will come to eb3. And if some exp person is stuck in eb3, he himself is to be blamed. dont blame anyone else for your ignorance of GC rules then.
So fact is we all are under DOS/USCIS mercy. 2 years back it was eb3 turn, now it is eb2 turn. Unfortunately no is blaming why ebI is always current. if that reason you can digest, then you should have the gall to digest this one too.
dish
12-05 10:02 AM
I recently sent a letter to the USCIS Director Explaining the problems faced by H4's because the stay in H4 counts towards the H1 time. Just to bring up the matter of Decoupling H1 time and H4 time. May be it was long forgotten in the bureaucracy.
I couldn't find an email address of the USCIS Director, Not even a full Address.
I used the address below. It might reach there or come back to me.
If it reaches there and if I receive a response I will post it.
Emilio T. Gonz�lez
Under Secretary of Homeland Security
Director, United States Citizenship and Immigration Services (USCIS)
I read, somebody had contacted ombudsman in this issue, but I feel he is powerless. and can only make suggestions.
Let us hope the decoupling memo will be out... Or better the H4 get allowed to work as the L1s.
The L1 work permit law was passed in 2001 March. Does anyone has any idea which group lobbied for it?
I couldn't find an email address of the USCIS Director, Not even a full Address.
I used the address below. It might reach there or come back to me.
If it reaches there and if I receive a response I will post it.
Emilio T. Gonz�lez
Under Secretary of Homeland Security
Director, United States Citizenship and Immigration Services (USCIS)
I read, somebody had contacted ombudsman in this issue, but I feel he is powerless. and can only make suggestions.
Let us hope the decoupling memo will be out... Or better the H4 get allowed to work as the L1s.
The L1 work permit law was passed in 2001 March. Does anyone has any idea which group lobbied for it?
more...
prince_charming
09-25 12:28 PM
Prince,
You will be fine as per the rules. Just make sure you hire a very capable and reputed attorney, just in case the one you have isnt the best. I faced something like this, with 140, and went to one of the big firms we quote many times here and the case was approved with an MTR in just 20 days.. DOnt loose heart. But make sure you do the documentation whatever is needed and make no compromises there. Provide more thats relevant.
Sri.
Thanks guys.
Still waiting on I-485 denial notice.... its almost 13 days and haven't received it yet. My attorney called them and asked for FAX of denial notice.
You will be fine as per the rules. Just make sure you hire a very capable and reputed attorney, just in case the one you have isnt the best. I faced something like this, with 140, and went to one of the big firms we quote many times here and the case was approved with an MTR in just 20 days.. DOnt loose heart. But make sure you do the documentation whatever is needed and make no compromises there. Provide more thats relevant.
Sri.
Thanks guys.
Still waiting on I-485 denial notice.... its almost 13 days and haven't received it yet. My attorney called them and asked for FAX of denial notice.
justAnotherFile
03-21 12:23 PM
If Senators are not willing to indefinitely extend AC-21 clause due to fears of skewed country-wise immigration numbers then it can be argued that at least to relieve the current backlog the AC-21 can be put for a limited time period ( 5 years or so). this may be a workable compromise if the other goal is difficult to achieve.
abhijitp
11-15 05:13 PM
Is there anyway we could go about pushing our story in the media? I am sure all of us combined have a a few thousand bachelor's, master's and ph.d. degrees. We are a group of people with highly advanced skill sets and this needs to be advertised. Maybe convincing a few journalists to take up our cause could be an option. Local newspapers, political blogs, radio stations etc. etc.
IV has been doing this already! Please join your state chapter, and help continue doing it. Thanks!
IV has been doing this already! Please join your state chapter, and help continue doing it. Thanks!
Jaime
09-05 09:47 AM
Hey guys, let's each try to change at least 10 minds between now and the rally! That would bring us great success!
priderock
05-31 03:26 PM
http://www.senate.gov/pagelayout/reference/b_three_sections_with_teasers/glossary.htm
I don't think it bodes well for anything that is sent to the Table. This Senate Language Glossary has what "motion to table" means, essentially something that senate does not want to Consider. This Amendment(1249) is said to have been ordered "to lie on the table" not sure if it is same as the motion to table. But, I think we should hope for an amendment that does not have a table associated with its status.
A MOTION TO TABLE, if adopted, permanently kills the pending matter. It also ends any further debate.used in House & Senate. (source : c-span)
Rule 11.9. Motion to lay on table(Source legis.state.la.us)
A. The motion to lay on the table shall be decided without debate.
B. When a bill or resolution is pending, an amendment to such bill or resolution may be laid on the table without prejudice to the bill or resolution then pending.
Source - Thomas:
LAY ON THE TABLE A motion to lay on the table a bill, resolution, amendment, point of order, appeal or another motion disposes of the question immediately and finally and adversely -- it kills it without a direct vote on the substance of the question. A motion to table is not debatable and is adopted by unanimous consent -- without objection -- or by majority vote. It is a "highly privileged motion" -- that is, in the order in which motions are given priority in the House, only a motion to adjourn has higher precedence than a motion to table a measure.
I don't think it bodes well for anything that is sent to the Table. This Senate Language Glossary has what "motion to table" means, essentially something that senate does not want to Consider. This Amendment(1249) is said to have been ordered "to lie on the table" not sure if it is same as the motion to table. But, I think we should hope for an amendment that does not have a table associated with its status.
A MOTION TO TABLE, if adopted, permanently kills the pending matter. It also ends any further debate.used in House & Senate. (source : c-span)
Rule 11.9. Motion to lay on table(Source legis.state.la.us)
A. The motion to lay on the table shall be decided without debate.
B. When a bill or resolution is pending, an amendment to such bill or resolution may be laid on the table without prejudice to the bill or resolution then pending.
Source - Thomas:
LAY ON THE TABLE A motion to lay on the table a bill, resolution, amendment, point of order, appeal or another motion disposes of the question immediately and finally and adversely -- it kills it without a direct vote on the substance of the question. A motion to table is not debatable and is adopted by unanimous consent -- without objection -- or by majority vote. It is a "highly privileged motion" -- that is, in the order in which motions are given priority in the House, only a motion to adjourn has higher precedence than a motion to table a measure.
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