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  • Siboo
    07-24 01:25 PM
    Any July 2nd filers got their receipt #s?

    My package has been sent to TSC on July 2nd around 9AM by FedEx. Did not hear anything yet.

    Did you call TSC about the status? Somebody got their receipt numbers today by calling NSC. (looks like package Reached NSC on 06/23/2007 and Notice Date is 07/24/2007)





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  • pappu
    07-01 10:22 PM
    Info on the lawsuit by AILA:
    ==============
    USCIS VISA BULLETIN/
    VISA AVAILABILTY LAWSUIT
    Frequently Asked Questions about Participating in this Lawsuit
    AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status applications for the alleged reason that a visa was not available, even though the Visa Bulletin from the Department of State (DOS) states that a visa was available at the time of filing.
    Any foreign national who is otherwise eligible for adjustment of status and whose adjustment of status application has been or will be returned or rejected solely on this basis may be eligible to be a plaintiff in this lawsuit. If you are considering being a participant in this lawsuit, you may find the following frequently asked questions and answers helpful.
    Q: What is AILF?
    A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF sometimes files lawsuits involving various aspects of immigration law.
    Q: What is this lawsuit about?
    A: This lawsuit will be filed by plaintiffs who have been harmed because USCIS rejected or returned or is expected to reject or return a properly submitted adjustment of status application for the alleged reason that no visa was immediately available even though the DOS Visa Bulletin states that a visa was available at that time.
    To be eligible for adjustment to lawful permanent resident status, a foreign national must show that a visa number is “immediately available.” USCIS regulations state that the DOS Visa Bulletin is used to determine whether a visa number is immediately available. This Bulletin is published once a month and lists the visa availability dates for all categories of immigrants for the following month. Thus, for example, the July 2007 bulletin, listing visa availability dates for the entire month of July, was published in June 2007.
    AILF has learned that USCIS has refused to allow certain adjustment of status applications to be filed even though the DOS Visa Bulletin states that visa numbers are available for the immigrant category at that time. USCIS rejected these applications because DOS informed it in an internal communication that no visa numbers remained for that category of immigrants. To date, this has happened only in the employment-based “other worker” category. We anticipate that it may happen in a number of other types of employment-based immigrant categories beginning in July 2007.
    We believe USCIS violated the law when it failed to apply the visa availability dates listed in the Visa Bulletin, as required by a federal regulation, and instead rejected properly filed adjustment applications. Through this lawsuit, we will challenge the rejection of adjustment of status applications on this basis. We will ask the court to order USCIS to accept the rejected adjustment applications and treat them as being filed as of the date they originally would have been filed had USCIS not rejected them.
    Q: What is a “plaintiff” and how do I know if I am eligible to be a “plaintiff” in this lawsuit?
    A: A plaintiff is a person who files a lawsuit against someone else. We are still determining the categories of plaintiffs but an eligible plaintiff for this lawsuit may include:
    [other worker category]
    A foreign national who:
    Submitted an adjustment of status application in the “other worker” category for receipt by USCIS in June 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    [other employment-based categories]
    A foreign national who:
    Submitted an adjustment of status application in any employment-based category other than “other worker” for receipt by USCIS in July 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    Q: Why should I be a plaintiff in this lawsuit?
    2
    A: If the lawsuit is successful, USCIS should accept your adjustment application and treat it as if it had been filed as of the date that you originally tried to file it. Because your adjustment application will then be considered to be pending before the agency, you may be eligible for interim benefits, including an employment authorization document, advance parole, and others.
    What the lawsuit will not do is make a visa number immediately available to you if none is available. If the visa numbers have in fact been used for the current fiscal year, the court does not have the authority under the law to make a new number available to you. However, if the court orders that USCIS accept your adjustment application as of the date that you originally tried to file it, you will be at an earlier place in line when visa numbers become available again in the next fiscal year, October 1, 2007. Additionally, as mentioned, you may be eligible for interim benefits while you are waiting.
    Q: What is likely to happen because of the suit?
    A: Lawsuits are uncertain by nature. We cannot predict the exact outcome. However, other efforts to resolve these problems with USCIS have not succeeded. For this reason, we believe that a lawsuit is the only remaining possible way to resolve these problems.
    Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
    A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
    Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
    Q: How much time must plaintiffs spend on this lawsuit?
    A: Plaintiffs will have to provide us with the information and documentation we need in order to prepare the lawsuit. AILF will do most of the work in the lawsuit on paper. Depending on how the case proceeds, the government and its attorneys may want to ask the plaintiffs some questions about their case, either through written questions and answers or in person. This is called “discovery.” One type of discovery is a “deposition,” which is an interview where parties are asked questions about their cases.
    Depositions are possible but not common in this type of case. In the event that discovery and/or depositions were required, an AILF attorney or an attorney working with us would assist plaintiffs to comply with any discovery requests, and would appear with plaintiffs at any deposition at no charge (see below). At a later stage, a plaintiff may be required to be present at
    3
    a hearing or a trial and possibly be asked to testify about their particular case, but this is quite rare.
    Q: Will it cost me anything to be a plaintiff in this lawsuit?
    A: AILF and any co-counsel will not charge any attorney’s fees for representing individuals in this lawsuit. AILF and any co-counsel also will pay the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that an individual should be required to be present at a deposition, hearing or a trial, we may ask that he/she pay their own travel and lodging expenses, if any. Those expenses would be reimbursed if the lawsuit is successful and we recover costs.
    Q: Will anyone know that I am a plaintiff in this lawsuit?
    A: Lawsuits are public information, and are available as a public court document. Many courts now have lawsuits and other documents available electronically, accessible via the internet. Also, USCIS will, of course, know the identity of the plaintiffs. We also will discuss plaintiffs’ cases with any other lawyers working with us on the lawsuit. It also is possible that the media – newspapers, radio, or TV reporters – will see the court documents and decide to do a story on the lawsuit.
    Q: What should I do if I am eligible and interested in being a plaintiff in the lawsuit?
    A: Please quickly submit the Questionnaire for Potential Plaintiffs and send us the documents requested. If you do not have the Questionnaire, please send an email to visabulletin@ailf.org, and we will send it to you. You may also fax a request to AILF LAC at (202) 742-5619. Please indicate this is a question about the visa bulletin litigation.
    If you have any questions that are not answered by this FAQ or the questionnaire, please send them to visabulletin@ailf.org or fax to (202) 742-65619, and we will respond. Thank you!
    ===============





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  • chanduv23
    04-04 09:11 AM
    I hope not. If they ban bodyshops the cap will never run out.
    And people in Real companies will be able to get the visas.

    Actually it is difficult to ascertain to a level to determine if the h1b is filed by a body shop because right from Accenture, PWC to the smaller Cayotes all are offshoring and outsourcing, every company has its own product and inhouse development.

    Most of American companies want a pool of talent available at time of need to choose from and these companies always maintain the supply at a premium.

    A lot of people come through bodyshops and later move on to permanant jobs.

    Something the differentiates research jobs, non IT jobs etc... and protect their interests and have some quota for tthem will be beneficial.





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  • psaxena
    11-19 11:09 AM
    Are you the one who created the slogan, move ahead we are behind you... !! (and will always be behind without giving any support)

    Why don't you file the lawsuit, why do you look up to someone to do what you want??

    Just want get everything in the world without doing anything and that too FREE??

    Step up and do something rather than just pushing everyone around.
    There is a lot I can say about , but then the fine line of the difference between you and me will be no more. So I leave this conversation right here!! Hope this shakes up your conscious if you got one.



    Did you file the lawsuit yet?

    Someone please update on the lawsuit to enforce visa spill over



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  • GCanyMinute
    08-02 02:21 PM
    you have already filed ur I485 right ? so what do u mean "y am i still waiting ?"

    yes I did, but that's the thing.... what is the relation between "visa number" and the "greencard" ??? i'm confused.... whether I am still waiting for a "visa number" or for the "greencard".... please help!! :)





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  • amitpan007
    06-06 11:54 AM
    After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.



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  • ncrtpMay2004
    09-09 02:13 PM
    You know it takes serious $$$ to get anything moving.
    Please consider $50/month level.





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  • gauravsh
    03-09 06:45 PM
    Quick question guys :- My PD is feb 2008 and I140 was approved in july 08.
    I also want to call my congessman, can you please tell what are the things you talk to them?

    A brief guidance will help many others like me to make a call.

    ~



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  • zigma
    12-27 10:21 PM
    The requirement for citizenship or GC is because of the Patriot Act. The banks have had to adopt some of the regulations as part of their process. If the person is neither a citizen or PR then the government reuqires other information to ensure security (not very foolproof as most of the people in the mortgage industry are citizens and do not have much knowledge of the difference between a permanent resident alien and a resident alien. You would be surprised to learn of the kind of rules I ran across in a major bank while architecting the application entry part of the mortgage fulfillment system.

    Just to shed some light on the mortgage scenario -

    Bank of America approved me for a mortgage yesterday - the rep specifically asked for the Citizen/Perm resident question, I told him that I have a valid work visa - he asked what kind - I said H1B. He looked up my credit histoiry and approved me right there. At the end of our 30 minutes long conversation, I asked him to confirm that H1B is not an issue - he confirmed that it wasn't - as long as I have sufficient funds in my acccount, a good cash flow, and a "very good" credit history.

    The subprime mortgage industry is on the brink of collapse - due to all those foreclosures. These institutions have had a pretty relaxed lending schemes - especially for the intereset only and no-down payment ARMs.





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  • Jaime
    09-10 04:04 PM
    Letter for Intl Student Associations

    Dear International Student Friend:

    You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that
    you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments
    and look forward to welcoming you in the real world as your friends and
    colleagues.

    However, we wanted to make you aware of a grim reality that you will surely
    face in the coming months. Immigration visas (commonly referred to as �Green Cards�) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have
    heard rumors, but the truth of the matter is that most likely you will have to
    face years of waiting for an immigrant visa to be approved. This in turn will
    restrict your growth within an organization and at the same time prevent you
    from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process
    of developing one of the most comprehensive grassroots organizations dedicated
    to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.

    Our organization cuts across nationalities, job categories and pay scales. Even
    if you are finishing up your MBA from Harvard, it is likely that you will be
    impacted by the current immigration backlog. We are completely committed to
    securing a more transparent, predictable and fair immigration system. We ask you
    to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.


    Regards,

    Your friends at
    Immigration Voice

    Great letter! Have we sent it yet??? The only thing I would change is "Immigration" visas to "Immigrant" visas



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  • Canadian_Dream
    11-17 12:44 PM
    That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.





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  • uma_vishi
    02-24 12:10 PM
    i'm on L1B visa.I came to US on L1B in 2005 with one year petition and got extension
    for 3 years. meanwhile i left to India in June 2007. And then i came back with new L1B petiotion in Oct 2007 which is valid till Sep-2010.Now my question is

    1) Is my L1B stay reached to maximum or do i still have 2 years left with my new L1B.
    2) If i apply for H1 this year how many years of stay i'll get with H1B.

    Please help me with this madam as soon as possible.

    Thanks in Advance.



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  • looivy
    11-11 09:42 AM
    IV please mobilize resources for Lame Duck.





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  • gvenkat
    10-21 12:38 PM
    /* Last 8 years, Republicans have done nothing to improve GC system. Lets give democrats a chance this time. */

    Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)



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  • ksvreg
    06-30 10:55 PM
    Can I handover my I-485 application personally on Monday at Nebraska?





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  • niklshah
    12-10 11:35 AM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.



    there u go again... EB3 - EB2 crying continues.....from your post it looks that only EB3 is responsible for no forward movemant of EB2.. cool down dude thats not the only reason... be honest and tell in how many IV campaigns u have participated...? and also how many originally filled EB2 really deserve to file in EB3... I am pharmacist but we are in EB3 eventhough we required Pharm D now to get pharmacist license which is equivalent to phd.. so stop crying and start working on IV campaigns thats the only thing which will help..



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  • gc_on_demand
    02-12 02:47 PM
    Waste of time : So many people and so many minutes.

    Waste of space on site : IV lost some space because of this thread.

    Marketing gain : That immi business So many people visited their site when they came on IV and saw this sizzling thread about visa wastage.

    Decide yourself who won and who lost...





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  • qasleuth
    05-26 05:50 PM
    Clearly dude, you have no idea what you are talking about. we are not talking about a situation like what to do if a thug holds you at gunpoint and asked for money. we talking about a Govt rule or law. it's about what is right and what is wrong. The officer could throw a bad word at you like "i am pretty sure you are terrorist" which would be in our favor. worst case he would shoot me, but chances of that happening are next to zero.

    I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.

    Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").

    BUT... it needs guts to do that, not sure if you fall in that category.


    It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.





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  • feedfront
    09-17 03:37 PM
    When they issue RFE, does the case status online shows Card/Document production?.

    My online status still shows 'Request For Evidence'. In one way, it is less disturbing than yours. Good Luck!





    ak27
    02-08 08:00 PM
    Varsha,
    I can try to make it but I am not from his district..





    crazyghoda
    01-30 01:40 PM
    Not sure yet...... its not something I expected to happen given the retrogression.

    Would the USCIS accept a future dated offer letter? Say a couple of weeks or months from now? Or do I need to have a current job? What about paystubs? If I manage to start somewhere but dont manage to get a paystub by the RFE response date, is that ok?