nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
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greenguru
12-10 02:16 PM
He got his GC.. i will not expect him here.. we need one more VLDrao
smuggymba
09-10 01:05 PM
So, I guess all EB3's with a PD before 2007 should be in a very good shape. No doubt GC is the best but at least they have EAD's and their spouse can work, which I think is a great thing.
The real issue is with post 2007 EB3 filers, correct me if I'm wrong. It seems that prior to 2007, EB2/3 are almost in the same situation. EAD is much better than visa and of course GC is the king. Thanks.
The real issue is with post 2007 EB3 filers, correct me if I'm wrong. It seems that prior to 2007, EB2/3 are almost in the same situation. EAD is much better than visa and of course GC is the king. Thanks.
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keshtwo
08-15 05:15 PM
wonder what that means for India-China EB2 in the October Bulletin. Will the retrogression be back to Jan 07 dates?:confused:
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gc_on_demand
02-09 02:57 PM
One immigration business shop says that visas are being wasted and that's our proof. We are now ready to list the reasons why visa numbers are being wasted. Not only the visas have been wasted but according to you the reason for wastage are -
1.) Inefficiency
2.) Directive from the administration
But before that, can anybody prove conclusively that visa numbers were wasted. What is the proof? Just because my application is pending doesn't mean that USCIS is wasting green card numbers. Give us all proof that visa numbers are being wasted. Where is the proof. Around 20 days back I wrote an email to the immigration business shop asking for proof of waste of visa numbers. No response.
And reply you will never get.
1.) Inefficiency
2.) Directive from the administration
But before that, can anybody prove conclusively that visa numbers were wasted. What is the proof? Just because my application is pending doesn't mean that USCIS is wasting green card numbers. Give us all proof that visa numbers are being wasted. Where is the proof. Around 20 days back I wrote an email to the immigration business shop asking for proof of waste of visa numbers. No response.
And reply you will never get.
dentist1
04-09 06:47 PM
Thanks Papu !!!! thats great....
His name is Pappu and not Papu also what is so great about this bulletin buddy.It sucks bigtime.
His name is Pappu and not Papu also what is so great about this bulletin buddy.It sucks bigtime.
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sweet23guyin
10-16 10:49 AM
||
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GCapplicant
07-18 10:23 AM
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
Exactly,Even I think so...If they did not want to accept they would have done at the door step.So I think better we can wait and see for another week if any cases are like that.My lawyer mentioned she hasnt got any rejections until now.She has been sending continuous applications even a week before during this problem.She mentioned last week that she is still sending applications in and has Fed ex delivery confirmations for all the applications.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
Exactly,Even I think so...If they did not want to accept they would have done at the door step.So I think better we can wait and see for another week if any cases are like that.My lawyer mentioned she hasnt got any rejections until now.She has been sending continuous applications even a week before during this problem.She mentioned last week that she is still sending applications in and has Fed ex delivery confirmations for all the applications.
more...
shreekarthik
08-02 02:01 PM
you have already filed ur I485 right ? so what do u mean "y am i still waiting ?"
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gc_on_demand
11-14 04:31 PM
bump
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GCard_Dream
03-18 05:35 PM
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
This is the post from Ron:
I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:
Quote:
Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.
I apologize for the confusion generated by my earlier remarks
So whatever said in the visa bulletin makes sense.
This is the post from Ron:
I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:
Quote:
Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.
I apologize for the confusion generated by my earlier remarks
So whatever said in the visa bulletin makes sense.
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ghost
08-12 07:26 AM
If there is a non-controversial immi. law change attempt I will donate $500. I will also bring my friends and the total may exceed $2000. We all willing to donate but only if we know that there is good chance of passing.
If there is an attempt to push ideas like recapture, forget it. It will not pass in this economy. I do not want to waste my money and time on those kind of ideas.
IMHO. Not to find fault with anyone. Please do not mistake me.
Hey Buddy,
recapture is not controversial and has nothing to do with economy...not sure where you got that from, recapture of EB numbers is what we are proposing - this will not take away any american jobs but only alleviate the wait times for folks like you and me. Also, we've to accept the fact that anything related to immigration will be controversial - there is no denying of it, unfortunately.
Coming to the donations, please don't donate in huge sums because you'll have huge expectations...I'd say start off in small steps - 6 USD per week for 6 months...I signed up for it and it took me 5 minutes and 150 USD for the next 6 months, not too bad right!
Thanks!
If there is an attempt to push ideas like recapture, forget it. It will not pass in this economy. I do not want to waste my money and time on those kind of ideas.
IMHO. Not to find fault with anyone. Please do not mistake me.
Hey Buddy,
recapture is not controversial and has nothing to do with economy...not sure where you got that from, recapture of EB numbers is what we are proposing - this will not take away any american jobs but only alleviate the wait times for folks like you and me. Also, we've to accept the fact that anything related to immigration will be controversial - there is no denying of it, unfortunately.
Coming to the donations, please don't donate in huge sums because you'll have huge expectations...I'd say start off in small steps - 6 USD per week for 6 months...I signed up for it and it took me 5 minutes and 150 USD for the next 6 months, not too bad right!
Thanks!
more...
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.soulty
02-20 02:31 AM
any progress on this?... i finally decided im not going to partipate.. seeing that other work needs to take priority but im still interested in peoples progression, and yes i know i said people should post before they are finished but hey the cats out of the bag already... so lets see them!!!.
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ajthakur
07-14 06:44 PM
I dont remember that. I saw my online profile with USCIS just now. There is a LUD for yesterday 07/13/2008 on my 140 approved in 2006.
Do you see any LUD change on your I-140 after you changed employers?
Do you see any LUD change on your I-140 after you changed employers?
more...
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pkak
07-13 06:00 PM
All the data shows that we have 20K EB2 I/C with PD before 6/1/2006, and it is comparable with the unused 20K quota from EB1 and EB2-ROW. As stated by Openhemer, the 2 year jump is due to the spillover of 20K to EB2 instead of EB3-ROW and there will NOT be any significant retrogression in Oct. However, a petition is being organized in this forum to stopping this spillover. Only if the petition succeed, we will see EB2 date goes back to 2004.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
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desperatedesi
07-23 08:18 PM
Hi,
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
more...
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gimme_GC2006
04-06 11:29 PM
good post ek_bechara!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
When is your next india trip.?
in 2006, In JFK, (this is not from friend->friend->friend->friend), Citizens and non-Citizens formed two lines..right next to each other..few officers were dedicated to USC, some of them to others..when there were no USC, they handled H1Bs
Now how did I notice it all this in 10 mins or so..well..that explains..it has to be a rumour.
:D
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
When is your next india trip.?
in 2006, In JFK, (this is not from friend->friend->friend->friend), Citizens and non-Citizens formed two lines..right next to each other..few officers were dedicated to USC, some of them to others..when there were no USC, they handled H1Bs
Now how did I notice it all this in 10 mins or so..well..that explains..it has to be a rumour.
:D
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njboy
04-04 03:41 PM
if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down
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GCard_Dream
12-13 01:18 PM
I am sure this topic will come up again and again when new members join. We recently had quite a few (over a thousand) new members join IV and as the word gets around, there will be even more interest in IV and new members/non-members will visit the site and ask questions. I don't think we should expect everyone (new or old members) to know everything that was discussed in this forum from day one. That's not practical.
Every few days I see a new thread that is asking for information on how to change from EB3 to EB2. There are literally hundred or so threads that talks about this issue yet still new threads pop up regularly asking the same info. This is bound to happen and can't be stopped.
If you know that a topic has been covered somewhere, making a link available would be very helpful. If you think that a certain topic is brought up on a regular basis, may be we should make that thread sticky or have that information on homepage or somewhere where it's easily accessible.
We can always argue that members can do their own search on the forum. While that's true, if we know the answer and can quickly make that available to members, I think we'll be doing a service to our members. Just a thought.
All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
Every few days I see a new thread that is asking for information on how to change from EB3 to EB2. There are literally hundred or so threads that talks about this issue yet still new threads pop up regularly asking the same info. This is bound to happen and can't be stopped.
If you know that a topic has been covered somewhere, making a link available would be very helpful. If you think that a certain topic is brought up on a regular basis, may be we should make that thread sticky or have that information on homepage or somewhere where it's easily accessible.
We can always argue that members can do their own search on the forum. While that's true, if we know the answer and can quickly make that available to members, I think we'll be doing a service to our members. Just a thought.
All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
Ganesh99
07-04 06:07 PM
I think we should use this opportunity to lobby Congress to pass Legislation to help legal immigration that are least controversial.
1. We should be able to file 485 independent of priority dates.
2. Exempt dependents from VISA cap.
In my opinion pursuing a lawsuit may not help us much.
We should raise money to pursue lobbying instead of the lawsuit.
IV should use this opportunity to reienforc the lobbying efforts and fund raising effors.
For my part, I will contribute individually and willing to particpate in any fund raising efforts in my area (North West Boston area).
1. We should be able to file 485 independent of priority dates.
2. Exempt dependents from VISA cap.
In my opinion pursuing a lawsuit may not help us much.
We should raise money to pursue lobbying instead of the lawsuit.
IV should use this opportunity to reienforc the lobbying efforts and fund raising effors.
For my part, I will contribute individually and willing to particpate in any fund raising efforts in my area (North West Boston area).
priya34
10-12 02:30 PM
PD Feb 2004
Category: EB3
LC cleared: Sep 27th 2007
Category: EB3
LC cleared: Sep 27th 2007
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