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Saturday, July 2, 2011

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  • lazycis
    11-07 08:30 PM
    Is it possible to file a class status suit?

    Maybe IV can cooperate with AILF/AILA and file a classs action? I know that I-485 class action initiated by immigrationportal.com in 2003 has failed, but it could be a different story with IV.
    In the meantime, I encourage everyone to fight for your rights individually. The number of favorable decisions similar to what posted above is close to 100 for AOS cases.
    http://spreadsheets1.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en





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  • meghanap2000
    10-20 12:32 PM
    Well..congratulations indeed. After you interview, did you do open a SR, take InfoPass or talk to IO on phone about your case status?
    We are still waiting here and wondering what can we do to nudge the process.

    Hi,
    This info is for the cases who had the interview local USCIS offices where they live.
    After interview ,pls take info pass for every 2 or 3 weeks and when you meet infopass officer, please fill up one yellow form (this form used to send any request to any other department who handled 485 cases.) to adjudicate your case.Make sure you give your i-485 copies and i-140 copies, You can write at least 5 or 6 sentences at the end of the yellow form to supervisor epalining when u r intervew is completed ,,u r PD is current etc etc.

    The way it works like this :
    The dept that takes care i-485 interviews is different from the dept infopass officers in local office.Even though they are in same office, the only way infopass officers can send request the 485 dept is using the yellow form..Pls request for it. Then most of the times info pass officer fils up the form and you will add any additional info at the end of the form. Then infopass officer will send the form to 485 dept supervisor.Supervisor will see the yellow form..if you are lucky he/she wil take action imediatly..otherwise go again after 2 weeks..Request the info pass officer twice or thrice..

    This helped me...





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  • lazycis
    10-18 01:29 PM
    Would appreciate if anyone can reply to my question....

    Credit report check is not part of the name check.





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  • gc_on_demand
    09-16 09:22 AM
    If Admins donot make this thread sticky. Help me to bump this thread on top today.

    Any one will help me ?

    Please call every one.. ask spouse , co-workers and friends to call. This is last chance before election. If we loose we will not get GC for years.

    Once we have recapture we can start pushing USCIS to follow FIFO on PD. but to do that first we need numbers.

    Lets forget all thread only for today and make call.



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  • krishnam70
    06-18 08:25 PM
    You have read and find out. When you file for AOS, you will do one set for Principal (search and read elsewhere on IV) and one set for dependent (search and read elsewhere at IV for a complete set of docs).

    So, you need to file one set of the latter. I don't know why you say add to mother's file. Is mother principal applicant or you.

    These are based on common sense and logic. Read and verify.

    If possible get (search and get AILA Handbook on AOS, I read somewhere there is one)

    Factoryman,

    Apprecaite ur taking time and responding to my query. When I said add to mother's file I was quoting USCIS rep, earlier I was speaking to them and they mentioned something of that nature. I will call again tomorrow and speak with different rep to see what they say. I am the principal applicant in this case. If we could read and understand the AILA handbook none of us would need to go to an attorney for anything. I am here to get advise from people who may have already done it and learn from their experience. Once gain please share your experiences on this so others can benefit from it.

    thanks
    kris





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  • akhilmahajan
    05-16 02:07 PM
    Thanks a lot for clarifying that. thats what i had in mind. but just wanted to confirm it.



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  • ramhs
    06-28 09:56 PM
    My attorney is planning to send out the paperwork on June 29 to reach by monday july 2nd , is there any problem to this, is there any risk involved in sending on 29th, is anybody else doing this ? Please respond, this is urgent.





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  • whitecollarslave
    03-26 01:04 PM
    Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)

    I appreciate your point of view and bringing forth the practical reality in this situation. However, your attitude and tone, which seems to suggest that this is a lost cause and a helpless situation, is somewhat discouraging.

    Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.

    Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?

    Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).

    You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.



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  • pappu
    09-09 12:10 PM
    Please post on other sites and your blogs so that we have more participation





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  • rodnyb
    03-31 08:21 PM
    Yes, I mean EB5. Another not, DOS/CIS waited till now as it takes some months to get a trend, as it seems CIS is cracking down on EB1C since later last year, and it took some time to see EB1 usage fall off and is plateauing now.

    I wish 12K is for 6 months only, and that 24K total this year will surely clear all pre-07/2007 EB2 I/C. However, it seems as unlikely, I looked at historic EB1 approvals on DOS statistics page, EB1 has about 40K quota, their usage
    2002 16K
    2003 14K
    2004 18K
    2005 21K
    2006 24K
    2007 30K
    2008 39K
    2009 42K
    2010 41K

    So even if we think all surge after 2006 is due to abuse use of EB1C of india bodyshops, EB1 will still use about 24K, which left about 16K for EB2. I am sure those bodyshop ppl will apply under EB2 now, and I hate to say, but EB2 after 07/2007 seems still a daunting task, only visa recapture will help.


    Do you mean 8K from EB5?



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  • amsgc
    06-27 10:44 PM
    Great!

    This is useful for those who want to send their packet using private service providers such as FedEx.

    Ams

    I think this what uscis says

    NOTE: If using overnight delivery by any private service provider, send your package to:

    USCIS

    Nebraska Service Center

    850 S Street

    P.O. Box (Insert Correct P.O. Box Number)

    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label

    Sorry, Editing my post:

    This doesn't seem all that useful since you don't have the post box number in there.
    Hey, quit playing games with me this time of the night :)





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  • redsox2009
    04-04 04:09 PM
    We know EB2 - I dates have not moved since Oct ,2010 .
    So India regular quota for the last six months : 5800/2 = 1900 .

    Since dates have not moved, I am assuming 1900 should also be considered towards porting.

    so my conclusion is so far 1200 + 1900 = 3100 porting already took place. (though only 1900 really got GC)

    I think you meant to say 2800 not 5800. I'm correcting your statement.

    So India regular quota for the last six months : 2800/2 = 1400
    Since dates have not moved, I am assuming 1400 should also be considered towards porting.

    so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)



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  • pappu
    10-17 05:29 PM
    If you get different A#s then definitely there is a possibility of delays in the application.
    I am not sure what happens with namechecks. Need to research further. My guess is you will have double chances of getting stuck in namechecks! This assumption is based on the fact that multiple filers need to undergo fingerprinting and background checks multiple times and thus chances of getting stuck in namechecks must also increase for them.





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  • vkrishn
    09-11 02:05 AM
    Got an InfoPass scheduled, and created a SR. This is taking way too long, and now April + May approvals are rolling in...

    jazz

    I am sure you will get it. Response to a SR takes about 10-15 days. I opened my second SR on Aug 30th and got the response today. I was approved on Sep 7th.

    Things i did from Aug 1st:-

    Congresswoman (Zoe Lofgren): Her office helped me getting the PD correct in the USCIS system. When i made requested Zoe's office to enquire about my case they told me that PD is Feb 2007 instead of Feb 2006. I gave them my I140 and her office contacted NSC and NSC corrected the PD.

    Ombudsman: Sent Email on Aug 10th and got a reply on Aug 11th that they will enquire with USCIS. Got a call from USCIS that my case is in transit.

    AP approved on 08/26 and Soft LUD's on 08/27 and 09/02.

    Attorney made a enquiry on August 25th about I485 with USCIS and was told to waiti 30 days.

    Sep 7th: I485 approved.

    Check to make sure your category and PD are correct in the USCIS system. Just to make sure.



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  • indio0617
    05-15 09:55 PM
    Hi,

    Can anyone share their expert views on this scenario.

    Say, I have approved I-140 (current PD) from employer A (never worked with). Work with employer B in a different. Now if employer A applies for I-485 and after it is pending for 6 months, Can I invoke AC21 to continue the GC process while still with employer B ?

    Also is it possible to have 2 separate I-485 filed from different employers.

    I have heard the above is possible. But, I am curious as to how AC21 is interpreted. Isn't AC21 essentially an instrument to change jobs without hampering the GC process. In this case since one is not 'really switching jobs' how will this be treated or possible ?

    Thank You.





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  • pvganesh
    01-03 05:53 PM
    I have sent the 4 letters today.



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  • gondalguru
    07-15 11:37 PM
    I have two I-485 pending. Both filed by me.

    One is based on National Interest Waiver for physician I-140 (self petition). The second one based on PERM I-140.

    Both I-140 are approved. Both I-485 pending one since 11/04 and second 7/07. Fingerprints done for both and medicals done for both.

    First I-485 needs total 5 yrs of service in physician shortage area (which will be completed in about 6 weeks)

    Does anybody have similar situation. What to expect now. I have PD of 9/04 on both the cases. Dates will become current from August 1st.





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  • yabadaba
    01-10 06:55 AM
    I second Chandu.

    Look at this way.. We are not asking anything unfair or outrageous. All little provisions that makes our lives easier. Some are even basic human respect issues and involves trust. As highly skilled immigrants, we deserve this.

    Even if nothing happens...what have you lost in this campaign? This is the easiest campaign that IV has had. Print the letter out, sign it, make a copy and mail it to the president and IV.

    In fact if you are hurting so bad..take 20 printouts, get 20 ppl to sign it and put their name and address, maek copies and send it on.

    this way at least you are doing something.

    Remember the flower campaign? there was a flood of flowers. now lets make it a flood of letters.





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  • hydboy77
    01-28 08:58 AM
    Is there any provision in any of the upcomming immigration bills that allows for "Ability to file for I485 even with visa number unavailability.". I know that
    some of the provisions in Hagel (S. 1916, 1917, 1918, & 1919) Specter (unnumbered draft) bills have provisions for removal of numerical limits on adjust of status for people who have an advanced degree from US.

    But is there any provision in any of the immigration bills which allows for "Ability to file for I485 even with visa number unavailability." like the one that was in s 1932. This would be easy to pass as Green card numbers would stay the SAME and no major modification is done to the existing law





    singhv_1980
    01-22 11:32 AM
    I tried calling KCC but of no use.:mad:

    They said they are not authorized to give any information. I do not know if going to my local INS office will be of any help. Any of you guys got any other info?





    RDB
    11-25 04:16 PM
    Dude, then why are we blaming people like punjabi.........it is not his fault that the supply was abundant and demand receded..........I would still blame the banking system for the housing failure.......they landed out money which they knew would stop coming back at one point in time........and again, it's not that he cannot afford his monthly payments...........he just cannot sell his asset - to me that is a problem on the part of the lender and not the borrower. No wonder banks are re-adjusting the home loan amounts (to a much lower value than originally specified in the agreement) for people who cannot pay the normal mortgage (due to whatever reasons). Go and teach the same lesson to these greedy banks and lending institutions.

    Again, I am not saying that foreclsosing (escapism) is a good route to take, as there are other ways to keep the paying the mortgage without hurting your mobility but at the same time it is not prudent to blame it entirely on the borrower - lending institutions are responsible for major part of this mess.



    gO learn the concept of supply and demand before asking a question as to why banks are lowering their appraisals!



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