royus77
07-01 03:11 PM
Anyone willing to join the lawsuit should be willing to join by giving full information about themselves and about their application. Yesterday core members asked this question on a thread and only one person out of thousands of people who visited the site said they are interested. Let us see who all are truely willing to join this lawsuit? It is very easy to annonymously post such messages, but when people cannot even give their corect email id , name and phone number in their profile I highly doubt a lawsuit will be possible.
Let us see on this thread how many members are willing to join a lawsuit?
Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.
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.”
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
Let us see on this thread how many members are willing to join a lawsuit?
Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.
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.”
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
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Arvin_H1
08-18 10:47 PM
Give your full educational background, that may help people to get some ideas. B.S Computer Science 3 years or 4 years.
What made USCIS think that your educational background is not Computer Science? any idea.
I did B.E in Computer Science Engg, 4 yrs Course.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
What made USCIS think that your educational background is not Computer Science? any idea.
I did B.E in Computer Science Engg, 4 yrs Course.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
nolud
02-11 03:33 PM
I received a letter from uscis/DHS on Jan 28.
It was in response to my request about my wifes I-485 being in namecheck for a long time.
The response stated:
"The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."
Does this mean that the namecheck has been completed?
What is "requirement review"?
Did anyone else get this type of letter?
Wifes Case dates:
PD - Jul 2003
Interview Date - Jan 4 2006
Type - Family based ( on marriage )
Info Pass - Sep 2007
Last FP - Oct 2007
LUD - 10/2007 ( probably because of FP )
Current Status:
On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Note: If this is the wrong forum/area, please advise where is this question best suited for...
Thanks to ALL
It was in response to my request about my wifes I-485 being in namecheck for a long time.
The response stated:
"The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."
Does this mean that the namecheck has been completed?
What is "requirement review"?
Did anyone else get this type of letter?
Wifes Case dates:
PD - Jul 2003
Interview Date - Jan 4 2006
Type - Family based ( on marriage )
Info Pass - Sep 2007
Last FP - Oct 2007
LUD - 10/2007 ( probably because of FP )
Current Status:
On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Note: If this is the wrong forum/area, please advise where is this question best suited for...
Thanks to ALL
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sc3
08-28 12:43 PM
When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
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Chris Rock
08-12 12:42 PM
bump
panky72
08-03 01:47 PM
Panky,
Copy the text from Pappu's post. Go to Edit Signature option under User CP. Paste your copied text in the box. Now highlight "contributing to immigrationvoice" and then click on "globe-like" button right below "smily" button. This will pop-up the hyperlink box. Type of copy this in to the box "http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44"]contributing to immigrationvoice"
Thanks ebizash. Updated my signature.:)
Copy the text from Pappu's post. Go to Edit Signature option under User CP. Paste your copied text in the box. Now highlight "contributing to immigrationvoice" and then click on "globe-like" button right below "smily" button. This will pop-up the hyperlink box. Type of copy this in to the box "http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44"]contributing to immigrationvoice"
Thanks ebizash. Updated my signature.:)
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sbabunle
08-19 01:13 AM
If you reappeal I think until the decision comes you are okay. But I'm
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
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Desy
11-01 11:14 PM
Wonderful idea... can IV support this too...
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hoolahoous
03-05 07:25 PM
usually employment based insurance cover pre-existing condition
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skg
02-12 08:09 AM
No FP yet. July 2nd filer. Had Open SR and even took infoPass appointment.No luck so far.
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Googler
02-14 04:24 PM
"Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
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Ramba
08-13 06:29 PM
Hi
Whats your opinion? Do I have a chance with new updated list and 4 more publications and a letter about my leadership role?
With identical evidence, my EB2-NIW was approved at NSC.
-Please advice.
BP
EB1-EA requires "extrodinary ability". So you need to have national/international merit/awards like olympic medal or nobal prize. Just having PhD and having tons of papers will not necessarly makes a person as "extrodinary". So it is tricky and diffult. It is better to consult a any of your friend, if they got through EB1-EA, or otherwise consult a good lawyer who is capable of making sucsesful EA cases. This forum mainly thros idea on Eb2/EB3 and retrogression issues. You may not find a good answer here.
Whats your opinion? Do I have a chance with new updated list and 4 more publications and a letter about my leadership role?
With identical evidence, my EB2-NIW was approved at NSC.
-Please advice.
BP
EB1-EA requires "extrodinary ability". So you need to have national/international merit/awards like olympic medal or nobal prize. Just having PhD and having tons of papers will not necessarly makes a person as "extrodinary". So it is tricky and diffult. It is better to consult a any of your friend, if they got through EB1-EA, or otherwise consult a good lawyer who is capable of making sucsesful EA cases. This forum mainly thros idea on Eb2/EB3 and retrogression issues. You may not find a good answer here.
more...
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Bpositive
01-14 10:11 PM
Appreciate responses...
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jsb
04-16 03:59 PM
Here's our situation:
Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.
My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.
My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.
Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Attorneys might have an answer based on their past experience. I believe it might be best to act by calling USCIS as soon as your PD gets Current. Note that they don't see files in sequence of PD's. They see them in sequence of filing. As your husband has filed earlier, it is possible that his file is seen first. Anyway, best seems to call USCIS as soon as your PD is current, and let them deal with it. It may not require withdrawing of 485, as it is just a case of reclassification from EB3 to EB3-Dependant.
Best..
Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.
My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.
My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.
Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Attorneys might have an answer based on their past experience. I believe it might be best to act by calling USCIS as soon as your PD gets Current. Note that they don't see files in sequence of PD's. They see them in sequence of filing. As your husband has filed earlier, it is possible that his file is seen first. Anyway, best seems to call USCIS as soon as your PD is current, and let them deal with it. It may not require withdrawing of 485, as it is just a case of reclassification from EB3 to EB3-Dependant.
Best..
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googlegc
04-07 09:58 AM
1. YES
2. NO
3. YES
4. NO
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
2) If so , is there a way to get them to send me a copy of th 140 approval notice
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
Thanks
2. NO
3. YES
4. NO
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
2) If so , is there a way to get them to send me a copy of th 140 approval notice
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
Thanks
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ak_manu
09-17 01:37 PM
Also make sure you DO NOT FLY British Airways as you would need Transit visa with expired H1 stamping. Suggest to renew EAD. Consult your lawyer.
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prasadn
04-20 02:34 PM
Since we got conflicting/confusing answers we went to San Diego, parked our car at the border, walked across the border and walked back in with a new I-94. It was an easy process and took about an hour.
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jungalee43
01-17 02:20 PM
I voted on this. But I did not see any vote for elimination of country qouta in EB immigration system. We need that topic on change.gov and should vote heavily in favour of it.
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pappu
01-01 02:47 PM
Congrats and thanks for the contribution
centrum
09-25 02:33 AM
Hi,
I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.
My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:
a) H-1B extension
b) PERM
c) green card
If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.
I would really appreciate if you could reply with cases you've seen or experienced in the past.
Thanks in advance.
I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.
My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:
a) H-1B extension
b) PERM
c) green card
If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.
I would really appreciate if you could reply with cases you've seen or experienced in the past.
Thanks in advance.
bluekayal
10-19 11:54 AM
pmpforgc and other Schedule A folks,
I called the special number for Texas premium processing and got information not only about 140 status but also about 485 for self and spouse.
This is the 485 process according to what I was told:
The first thing after fingerprint is
1. criminal background check (FBI)- thats where ours has been stuck for almost 2 months
2. Pre-adjudication (Texas)
3. Name and family background check (back to FBI)
based on this info, the agent told me he expected it would take at least 6 months! So no hope of getting in before retrogression hits on November 1st.
Was the 140 PP worth it then or was it waste of money? This depends on one's personal situation.
For me, since my employer paid half of it..I don't consider it a waste. If I140 is approved, my spouse could work with more certainty than with a pending 140...And the decision is pretty quick.
I called the special number for Texas premium processing and got information not only about 140 status but also about 485 for self and spouse.
This is the 485 process according to what I was told:
The first thing after fingerprint is
1. criminal background check (FBI)- thats where ours has been stuck for almost 2 months
2. Pre-adjudication (Texas)
3. Name and family background check (back to FBI)
based on this info, the agent told me he expected it would take at least 6 months! So no hope of getting in before retrogression hits on November 1st.
Was the 140 PP worth it then or was it waste of money? This depends on one's personal situation.
For me, since my employer paid half of it..I don't consider it a waste. If I140 is approved, my spouse could work with more certainty than with a pending 140...And the decision is pretty quick.
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