gkdgopi
07-13 09:27 PM
Whoever supports our cause are our friends irrespective of their motives, we need as much support as we can get now. my 2 cents.
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GCanyMinute
08-02 03:17 PM
The unavailabilty of a Visa number does not 'cancel' an I-485 that has already been filed.
It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.
USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.
By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(
Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )
It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.
USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.
By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(
Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )
GCapplicant
03-17 12:27 PM
EB3 -July 2004 PD
FP done
EAD received
AP not yet received.
FP done
EAD received
AP not yet received.
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ajay
04-13 10:12 AM
A very useful piece of information has been brought to our attention by shiankuraaf.
Thank you very much!
http://www.dhs.gov/ximgtn/statistics/publications/LPR08.shtm
Table 6 Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 1999 to 2008
http://www.dhs.gov/ximgtn/statistics/publications/YrBk04Im.shtm
Table 4 Immigrants admitted by type and selected class of admission: fiscal years 1986-2004
Employment-based preferences (Total Number)
Year QUOTA ISSUED Unused/Excessively used
1986 140000 56617 83383
1987 140000 57519 82481
1988 140000 58727 81273
1989 140000 57741 82259
1990 140000 58192 81808
1991 140000 59525 80475
1992 140000 116198 23802
1993 140000 147012 -7012
1994 140000 123291 16709
1995 140000 85336 54664
1996 140000 117499 22501
1997 140000 90607 49393
1998 140000 77517 62483
1999 140000 56678 83322
2000 140000 106642 33358
2001 140000 178702 -38702
2002 140000 173814 -33814
2003 140000 81727 58273
2004 140000 155330 -15330
2005 140000 246877 -106877
2006 140000 159081 -19081
2007 140000 162176 -22176
2008 140000 166511 -26511
Sum total of the differences from 1986 to 2008: 626,681. Vow!!!
So when looked between the period of 1986 and 2008,
there were a total of 626,681 un-used visa numbers that can be re-captured.
This is based on the BIG assumption that the yearly quota for EB categories is 140,000 from 1986 to 2008.
Does anybody know how to verify this important assumption online --a link to a gov website perhaps?
It would be good to verify when the law specifying 140,000 visa numbers per year was passed and
what were the criteria for visa number usage prior to the existence of the law.
It is clearly a well prepared format and nobody has brought this kind of helpful information to our group. We would need people like you and I am sure I will also support this if we are aggressively pursuing it. But again as somebody here said in this discussion that we should be careful about the seriousness of the situation being counted by the lawmakers.
Kudos to you.
Thank you very much!
http://www.dhs.gov/ximgtn/statistics/publications/LPR08.shtm
Table 6 Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 1999 to 2008
http://www.dhs.gov/ximgtn/statistics/publications/YrBk04Im.shtm
Table 4 Immigrants admitted by type and selected class of admission: fiscal years 1986-2004
Employment-based preferences (Total Number)
Year QUOTA ISSUED Unused/Excessively used
1986 140000 56617 83383
1987 140000 57519 82481
1988 140000 58727 81273
1989 140000 57741 82259
1990 140000 58192 81808
1991 140000 59525 80475
1992 140000 116198 23802
1993 140000 147012 -7012
1994 140000 123291 16709
1995 140000 85336 54664
1996 140000 117499 22501
1997 140000 90607 49393
1998 140000 77517 62483
1999 140000 56678 83322
2000 140000 106642 33358
2001 140000 178702 -38702
2002 140000 173814 -33814
2003 140000 81727 58273
2004 140000 155330 -15330
2005 140000 246877 -106877
2006 140000 159081 -19081
2007 140000 162176 -22176
2008 140000 166511 -26511
Sum total of the differences from 1986 to 2008: 626,681. Vow!!!
So when looked between the period of 1986 and 2008,
there were a total of 626,681 un-used visa numbers that can be re-captured.
This is based on the BIG assumption that the yearly quota for EB categories is 140,000 from 1986 to 2008.
Does anybody know how to verify this important assumption online --a link to a gov website perhaps?
It would be good to verify when the law specifying 140,000 visa numbers per year was passed and
what were the criteria for visa number usage prior to the existence of the law.
It is clearly a well prepared format and nobody has brought this kind of helpful information to our group. We would need people like you and I am sure I will also support this if we are aggressively pursuing it. But again as somebody here said in this discussion that we should be careful about the seriousness of the situation being counted by the lawmakers.
Kudos to you.
more...
sweet23guyin
10-16 10:49 AM
||
sri1309
01-25 09:18 AM
For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
The issue is like a BIG bus where we all are together travelling to the same destination. And the bus is stuck in a pit. You and I can push, .. will it help?. What else do you do. You make others also come and push. So, how many people were you able to convince to do what you did.. Dont just convince them, make them also spread the message.
If you want content to be passed, there are many threads here. One is mine, which is "chain reaction..). Its now buried somewhere :(.
I know some people do realize things only when they loose their jobs or when its too late. If realization happens only that way, I wish all of you those not participating actively loose their jobs and hence comes realization that will help you and us all. Hope that happens very fast..
"Agar booth lathon se hi soon sakthe hai, tho lathon hi sahi..".. How my quote on 10..
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
The issue is like a BIG bus where we all are together travelling to the same destination. And the bus is stuck in a pit. You and I can push, .. will it help?. What else do you do. You make others also come and push. So, how many people were you able to convince to do what you did.. Dont just convince them, make them also spread the message.
If you want content to be passed, there are many threads here. One is mine, which is "chain reaction..). Its now buried somewhere :(.
I know some people do realize things only when they loose their jobs or when its too late. If realization happens only that way, I wish all of you those not participating actively loose their jobs and hence comes realization that will help you and us all. Hope that happens very fast..
"Agar booth lathon se hi soon sakthe hai, tho lathon hi sahi..".. How my quote on 10..
more...
n_2006
10-22 03:51 PM
You guys arguing bettern than respective campaign managers. Seems we are deep into american politics even though we can not vote. I can watch MSNBC and CNN 24 hrs.
Not very sure about immi. policies but any logical thinker can not support republicans. Mccain says country first which is utter lie. He would not have picked that VP if he really thinks about country.
Do you really believe what that website says? Seriously? You don't think that's a little to targeted towards pulling our heartstrings? With no solid action plan to back it up? Just like a hooker ad on the freeway?
John McCain does NOT know how to use a computer. That webpage has been designed, scripted and QA'd to specifically get that reaction from you.
The Republicans have been using this tactic for the past 8 years. They pretend to cater to your needs and then leave us shortchanged. Eg. WMD. Terrorism. Did that benefit us, really? Do you feel safer? Or do you feel just about the same except that gas has gone up about 300%, food 200%, unemployment 5%, housing market crumbled and economy about to "crater"?
Have you had a look at the candidates' actions though? Barack has been realistic and truthful so far. He's went a gotten a good VP to back up any inexperience he may have. He's been addressing issues at hand, and I can't really fault him for ignoring the immigration scene when the financial scene has gotten so bad.
McCain has been a total disaster. Sarah Palin? Really? At McCain's age, if anything untoward happens to him, she'll be your president. She'll be taking care of the mortgage sector and finance on wall street. All those companies the govt bailed out? Yes, she'll be taking responsibility for all those. Is that really where you want to spend your GC life in?
On top of that, McCain has been acting erratic and weird. He's suspended his own campaign, gotten his crowd so rowdy that he got himself booed by his supporters, refused to look at Obama in a debate... is that how a maverick works? Is that how a tried and tested veteran behaves?
And then he's done the Bush thing again. Flat out lied to everyone to benefit himself. See David Letterman's case, where he stood the poor host up.
Folks, look at the BIGGER picture, and not your own selfish needs. There is no point getting a GC to a land that was not the one you had in mind.
Not very sure about immi. policies but any logical thinker can not support republicans. Mccain says country first which is utter lie. He would not have picked that VP if he really thinks about country.
Do you really believe what that website says? Seriously? You don't think that's a little to targeted towards pulling our heartstrings? With no solid action plan to back it up? Just like a hooker ad on the freeway?
John McCain does NOT know how to use a computer. That webpage has been designed, scripted and QA'd to specifically get that reaction from you.
The Republicans have been using this tactic for the past 8 years. They pretend to cater to your needs and then leave us shortchanged. Eg. WMD. Terrorism. Did that benefit us, really? Do you feel safer? Or do you feel just about the same except that gas has gone up about 300%, food 200%, unemployment 5%, housing market crumbled and economy about to "crater"?
Have you had a look at the candidates' actions though? Barack has been realistic and truthful so far. He's went a gotten a good VP to back up any inexperience he may have. He's been addressing issues at hand, and I can't really fault him for ignoring the immigration scene when the financial scene has gotten so bad.
McCain has been a total disaster. Sarah Palin? Really? At McCain's age, if anything untoward happens to him, she'll be your president. She'll be taking care of the mortgage sector and finance on wall street. All those companies the govt bailed out? Yes, she'll be taking responsibility for all those. Is that really where you want to spend your GC life in?
On top of that, McCain has been acting erratic and weird. He's suspended his own campaign, gotten his crowd so rowdy that he got himself booed by his supporters, refused to look at Obama in a debate... is that how a maverick works? Is that how a tried and tested veteran behaves?
And then he's done the Bush thing again. Flat out lied to everyone to benefit himself. See David Letterman's case, where he stood the poor host up.
Folks, look at the BIGGER picture, and not your own selfish needs. There is no point getting a GC to a land that was not the one you had in mind.
2010 hair poems for my best friend.
vandanaverdia
09-11 04:19 PM
bump
more...
frostrated
09-09 03:09 PM
For those of you thinking that EB3I will move forward once EB2 becomes current in the next year or so, please think again.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
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sivakumar
02-22 12:14 PM
any comment friends ?
more...
mjadala
03-17 02:48 PM
My PD is Nov 2004. Filed 485 in July 2007.
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webm
07-11 01:38 PM
again no one can explain the ridiculous date movements by DOS...so there can be no reason for this..Its just that someone saw numbers being wasted...and they randomly applied them to EB2...Now as for getting approvals for all those that are current now...forget it ...since that is USCIS and that is a whole different Animal (a lazy one!!)
It's true..even PD,processing times current scenario also..AOS approval rate was very slow...as it happenend for me 2 months May,June being current EB3-I nothing happened..:(
Crazy CIS and its policies..:mad:
It's true..even PD,processing times current scenario also..AOS approval rate was very slow...as it happenend for me 2 months May,June being current EB3-I nothing happened..:(
Crazy CIS and its policies..:mad:
more...
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alisa
01-20 03:44 PM
This is all for EB-3.
I think this is the best case scenario.
Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.
For India:
Depletion_rate = 10500/year
Accumulation_rate = 19500/year
For ROW:
Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
Accumulation_rate = 19500/year (Estimated to be the same as that of India)
All numbers rounded off. No
For 2001: Year_current = 2001 + (123194/Depletion_rate)
For 2002: Year_current = 2002 + (160274/Depletion_rate)
For 2003 and later
Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate
Here are the results. YA is year applied. YC is Year your PD will be current.
No processing delay assumed.
...........India.. ROW
D_rate 10000 25000
A_rate 19500 19500
YA YC YC
2001 2013 2006
2002 2018 2008
2003 2020 2009
2004 2022 2010
2005 2024 2011
2006 2026 2012
2007 2028 2012
2008 2030 2013
2009 2032 2014
2010 2034 2015
I am open to suggestions on how this model can be improved.
If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.
I think this is the best case scenario.
Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.
For India:
Depletion_rate = 10500/year
Accumulation_rate = 19500/year
For ROW:
Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
Accumulation_rate = 19500/year (Estimated to be the same as that of India)
All numbers rounded off. No
For 2001: Year_current = 2001 + (123194/Depletion_rate)
For 2002: Year_current = 2002 + (160274/Depletion_rate)
For 2003 and later
Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate
Here are the results. YA is year applied. YC is Year your PD will be current.
No processing delay assumed.
...........India.. ROW
D_rate 10000 25000
A_rate 19500 19500
YA YC YC
2001 2013 2006
2002 2018 2008
2003 2020 2009
2004 2022 2010
2005 2024 2011
2006 2026 2012
2007 2028 2012
2008 2030 2013
2009 2032 2014
2010 2034 2015
I am open to suggestions on how this model can be improved.
If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.
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Dhundhun
09-17 07:15 PM
Not relevent to immigration, but, It is important for us to hold job. A lot of bleeding happening in financial segment and our jobs may be at risk.
These bailouts has been described by Professor Nouriel Roubini as "privatization of profit and socialization of losses" (http://timesofindia.indiatimes.com/US_govt_spends_900b_to_take_over_failing_cos/articleshow/3495793.cms). I think communists are as "socialization of profits as well as losses".
My couple of friends are expert in FIX (Financial Information eXchange) and were asking me to move in that area. Now, I am not sure to put it on hold or entirely shelve it. But this is just an idea, how we could be affected by this downturn and priorities can change.
These bailouts has been described by Professor Nouriel Roubini as "privatization of profit and socialization of losses" (http://timesofindia.indiatimes.com/US_govt_spends_900b_to_take_over_failing_cos/articleshow/3495793.cms). I think communists are as "socialization of profits as well as losses".
My couple of friends are expert in FIX (Financial Information eXchange) and were asking me to move in that area. Now, I am not sure to put it on hold or entirely shelve it. But this is just an idea, how we could be affected by this downturn and priorities can change.
more...
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Jaime
09-12 01:24 AM
You will have to wait for decades more, unless we all go to Washington and seize the change! Truth is on our side!!!! LET'S ALL GO!!!!! THIS IS THE TIME WE HAVE BEEN WAITING FOR SO LONG!!!
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g_mat
09-26 11:00 PM
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
On 9/26/07 10:26 AM, "a.viewer@CNNmoney.com" a.viewer@CNNmoney.com> wrote:
Mail re: CNNMoney.com reader comment
send_to:
fsb_mail@timeinc.com
subject:
CNNMoney.com reader comment
name:
Gigi Mathews
email:
g_mat@lycos.com
url:
http://money.cnn.com/2007/09/25/smbu....fsb/index.htm
detail:
Eilene,
Thank you for addressing skilled workers shortage in your article "Wanted :
Foreign Workers". However the rally held in Washington DC is by Legal Skilled Immigrant Workers ( not mostly legal) to address the delay in securing a Permanent Residency through employment. Majority of the workers are waiting for atleast 6-8 years in the same job on temporary visas, not availing the job progression which their education, skills and experience would otherwise offer on the permanent visa.
Appreciate your effort in drawing the attention to one of major issues a vast
majority of the American business is now facing.
Kind Regards
Gigi Mathews
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
On 9/26/07 10:26 AM, "a.viewer@CNNmoney.com" a.viewer@CNNmoney.com> wrote:
Mail re: CNNMoney.com reader comment
send_to:
fsb_mail@timeinc.com
subject:
CNNMoney.com reader comment
name:
Gigi Mathews
email:
g_mat@lycos.com
url:
http://money.cnn.com/2007/09/25/smbu....fsb/index.htm
detail:
Eilene,
Thank you for addressing skilled workers shortage in your article "Wanted :
Foreign Workers". However the rally held in Washington DC is by Legal Skilled Immigrant Workers ( not mostly legal) to address the delay in securing a Permanent Residency through employment. Majority of the workers are waiting for atleast 6-8 years in the same job on temporary visas, not availing the job progression which their education, skills and experience would otherwise offer on the permanent visa.
Appreciate your effort in drawing the attention to one of major issues a vast
majority of the American business is now facing.
Kind Regards
Gigi Mathews
more...
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coolmanasip
03-13 10:34 AM
I believe you can get an interim EAD from local USCIS office once the application has been pending for 3 months...
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mhathi
03-03 04:51 PM
You need an option: My home buying decision is independent of green card process.
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another one
07-09 02:26 PM
FOR IMMEDIATE RELEASE
Azulay Horn & Seiden, LLC Files Class Action Law Suit against the US Government for Refusing to Accept Green Card Applications
Chicago (July 9, 2007) � In the shadow of the debate about comprehensive immigration reform tens of thousands of skilled employment based immigrants awaiting their opportunity to legally apply for green cards have been unfairly denied the opportunity due to potential deliberate miscommunication � and an attempt to collect higher filing fees � from the U.S. Department of State and the and U.S. Citizenship and Immigration Services (USCIS), the agency that processes visa and citizenship requests.
On June 12, the State Department announced in its monthly Visa Bulletin that beginning July 2 and for at least the entire month of July, all skilled workers seeking employer-sponsored green cards would be eligible to apply. However, on July 2, the State Department announced that they were breaking with 30 years of tradition and issued an update claiming that no more green cards were available because �the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month.� USCIS followed and said that as a result they were going to reject the green card applications of anyone who applied relying on the July Bulletin. This meant that the thousands of immigrants who followed the government�s instructions and obtained the correct paperwork actually had no chance to receive a green card.
In response, Azulay Horn & Seiden, LLC, the largest immigration law firm based in Chicago and fourth largest in the United States, on Friday July 6, filed a class-action law suit on behalf of its clients and all those like them, against Secretary of State Condoleezza Rice, the Department of State, Secretary of Homeland Security Michael Chertoff, the Department of Homeland Security, and USCIS, and Emilio Gonzalez, and F. Gerard Heinauer of USCIS for announcing that they would refuse to accept the green card applications on behalf of the skilled workers. The suit seeks a ruling that would keep applications filed in accordance with the original July Visa Bulletin from being rejected.
Azulay Horn & Seiden is the first firm to act proactively and file a complaint. �These are legal immigrants who have followed all the rules,� explained Ira Azulay, CEO of the firm. �They are productive members of our society and deserve to be treated fairly by our federal government. The State Department and USCIS acted against their own rules and 30 years of historical practice when they updated the Visa Bulletin and reneged on their historical obligations. They need to be held accountable for their actions and do right by these people. Acting any other way sends the horrible message that following the rules is worthless.�
The representative plaintiff in the case is Chicagoan Gabriela Ptasinska, a native of Poland who is lawfully present in the United States on a non-immigrant visa, working as a land planner with Manhard Consulting, Ltd. Given the Bulletin, Ptasinska and thousands of legal immigrants across the country worked to obtain the necessary documentation for their chance to receive a green card only to have it snatched away on July.
�I am a law-abiding, hardworking member of American society and have worked relentlessly to lawfully become a permanent resident of America,� said Ptasinska. �Now I feel like the rug has been pulled out from under me. I held-up my end of the bargain by doing everything the government told me to do, but USCIS did not keep their word.�
Mr. Azulay is available to discuss with the media the class-action suit and the impact of the government�s recent actions. A copy of the complaint in the matter of Gabriela Ptasinska, on behalf of herself and all others similarly situated v. U.S. Dept. of State, Condoleeza Rice, U.S. Dept. of Homeland Security, Michael Chertoff, U.S. Citizenship and Immigration Services, Emilio Gonzalez, and F. Gerard Heinauer, Case No. 07 C 3795, can be downloaded from Azulay, Horn & Seiden�s website at www.ahslaw.com. People interested in joining the class can also visit the website to provide their information.
Azulay, Horn & Seiden, LLC (www.ahslaw.com) is Chicago�s largest immigration law firm and the fourth largest immigration firm in the country. AHS provides comprehensive US immigration legal services for businesses and individuals (including visa petitions, green card services, consular assistance, naturalization proceedings, immigration representation in all U.S. Courts, and appellate work), immigration consulting to businesses, as well as immigration related legal services (e.g. family law, criminal law). Its main office is located at 205 N. Michigan Ave., 40th Floor, Chicago, IL 60601, with other offices in Florida, Wisconsin, and Manila, Philippines. For more information contact them at 312.832.9200 or by email at info@ahslaw.com.
Azulay Horn & Seiden, LLC Files Class Action Law Suit against the US Government for Refusing to Accept Green Card Applications
Chicago (July 9, 2007) � In the shadow of the debate about comprehensive immigration reform tens of thousands of skilled employment based immigrants awaiting their opportunity to legally apply for green cards have been unfairly denied the opportunity due to potential deliberate miscommunication � and an attempt to collect higher filing fees � from the U.S. Department of State and the and U.S. Citizenship and Immigration Services (USCIS), the agency that processes visa and citizenship requests.
On June 12, the State Department announced in its monthly Visa Bulletin that beginning July 2 and for at least the entire month of July, all skilled workers seeking employer-sponsored green cards would be eligible to apply. However, on July 2, the State Department announced that they were breaking with 30 years of tradition and issued an update claiming that no more green cards were available because �the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month.� USCIS followed and said that as a result they were going to reject the green card applications of anyone who applied relying on the July Bulletin. This meant that the thousands of immigrants who followed the government�s instructions and obtained the correct paperwork actually had no chance to receive a green card.
In response, Azulay Horn & Seiden, LLC, the largest immigration law firm based in Chicago and fourth largest in the United States, on Friday July 6, filed a class-action law suit on behalf of its clients and all those like them, against Secretary of State Condoleezza Rice, the Department of State, Secretary of Homeland Security Michael Chertoff, the Department of Homeland Security, and USCIS, and Emilio Gonzalez, and F. Gerard Heinauer of USCIS for announcing that they would refuse to accept the green card applications on behalf of the skilled workers. The suit seeks a ruling that would keep applications filed in accordance with the original July Visa Bulletin from being rejected.
Azulay Horn & Seiden is the first firm to act proactively and file a complaint. �These are legal immigrants who have followed all the rules,� explained Ira Azulay, CEO of the firm. �They are productive members of our society and deserve to be treated fairly by our federal government. The State Department and USCIS acted against their own rules and 30 years of historical practice when they updated the Visa Bulletin and reneged on their historical obligations. They need to be held accountable for their actions and do right by these people. Acting any other way sends the horrible message that following the rules is worthless.�
The representative plaintiff in the case is Chicagoan Gabriela Ptasinska, a native of Poland who is lawfully present in the United States on a non-immigrant visa, working as a land planner with Manhard Consulting, Ltd. Given the Bulletin, Ptasinska and thousands of legal immigrants across the country worked to obtain the necessary documentation for their chance to receive a green card only to have it snatched away on July.
�I am a law-abiding, hardworking member of American society and have worked relentlessly to lawfully become a permanent resident of America,� said Ptasinska. �Now I feel like the rug has been pulled out from under me. I held-up my end of the bargain by doing everything the government told me to do, but USCIS did not keep their word.�
Mr. Azulay is available to discuss with the media the class-action suit and the impact of the government�s recent actions. A copy of the complaint in the matter of Gabriela Ptasinska, on behalf of herself and all others similarly situated v. U.S. Dept. of State, Condoleeza Rice, U.S. Dept. of Homeland Security, Michael Chertoff, U.S. Citizenship and Immigration Services, Emilio Gonzalez, and F. Gerard Heinauer, Case No. 07 C 3795, can be downloaded from Azulay, Horn & Seiden�s website at www.ahslaw.com. People interested in joining the class can also visit the website to provide their information.
Azulay, Horn & Seiden, LLC (www.ahslaw.com) is Chicago�s largest immigration law firm and the fourth largest immigration firm in the country. AHS provides comprehensive US immigration legal services for businesses and individuals (including visa petitions, green card services, consular assistance, naturalization proceedings, immigration representation in all U.S. Courts, and appellate work), immigration consulting to businesses, as well as immigration related legal services (e.g. family law, criminal law). Its main office is located at 205 N. Michigan Ave., 40th Floor, Chicago, IL 60601, with other offices in Florida, Wisconsin, and Manila, Philippines. For more information contact them at 312.832.9200 or by email at info@ahslaw.com.
newuser
09-27 11:08 AM
http://return2india.org/
gc_chahiye
06-03 06:30 AM
check with your company attorneys, this is serious stuff.
From what I understand:
> 1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and
> the day I'm going to enter US so that I can stay in US for another 6 years on
> H1-B. Is my understanding correct?
correct. Technically your company can file a PERM LC right now, and you can start in October (so the year after, you can get an H1 extension based on this LC), however its much much better for you to maintain this gap and start a new H1 (its easier to change jobs when you are not dependent on extensions: you get 6 full years)
> 2) Is it OK to go for VISA staming before 6-Jan-08?
yes, stamping does not matter. You can get that done anytime though its recommended to get it done close (30-60 days) to your date of travel. If you get it done now, and travel on Jan 7th, make sure you carry an updated offer letter from your company in the US, reconfirming that the position is still open for you.
From what I understand:
> 1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and
> the day I'm going to enter US so that I can stay in US for another 6 years on
> H1-B. Is my understanding correct?
correct. Technically your company can file a PERM LC right now, and you can start in October (so the year after, you can get an H1 extension based on this LC), however its much much better for you to maintain this gap and start a new H1 (its easier to change jobs when you are not dependent on extensions: you get 6 full years)
> 2) Is it OK to go for VISA staming before 6-Jan-08?
yes, stamping does not matter. You can get that done anytime though its recommended to get it done close (30-60 days) to your date of travel. If you get it done now, and travel on Jan 7th, make sure you carry an updated offer letter from your company in the US, reconfirming that the position is still open for you.