immigrationvoice1
03-14 04:28 PM
If anyone starts tracking the life of a thread in IV forum, this thread has the highest possibility to stay "alive" for ever (no prizes for guessing why!):(
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kalyan
05-05 09:34 AM
I think we can work as a Group on this Issue. I am ready to lead or Join this Group.
We can file in Court if required as a Group to get a greater exposure and success.
Least but not last, the contributions can be very very minimum. We can get more people join this site in less time with this issue.
Requesting IV core team to advise on it.
Thanks
We can file in Court if required as a Group to get a greater exposure and success.
Least but not last, the contributions can be very very minimum. We can get more people join this site in less time with this issue.
Requesting IV core team to advise on it.
Thanks
sphotani
06-19 08:04 PM
I've been having sleepless nights ever since a cut off date of May 15th got in the fray.
Here's my case -
I140 sent to USCIS on June 06th (They should have received it on June 07th)
I have not reveived a receipt date yet.
What would the receipt date for my application be -
June 7th when USCIS receives the application
or
Some later date when my application goes into the system
Now assuming that a new cut off date of June 19th is established, would my I140 be treated as pending on June 19th? Or only those applications will be treated as pending that have a receipt date prior to June 19th.
Gurus please enlighten and help me sleep.
Here's my case -
I140 sent to USCIS on June 06th (They should have received it on June 07th)
I have not reveived a receipt date yet.
What would the receipt date for my application be -
June 7th when USCIS receives the application
or
Some later date when my application goes into the system
Now assuming that a new cut off date of June 19th is established, would my I140 be treated as pending on June 19th? Or only those applications will be treated as pending that have a receipt date prior to June 19th.
Gurus please enlighten and help me sleep.
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pd_recapturing
09-27 10:46 PM
A good attorney should be able to get those who availed themselves of the AC21 opportunity free and clear in their green card journey. The law seems pretty clear on this to me.
This is clearly a big deal for much of the IV community, who are stuck in this process due to inadequate EB visas and inefficient immigration service center processing.
I believe this might end up needing a class action litigation (for violating AC21 law) and an immigration attorney could make a name for him/herself in the process of this case!
Witness Carl Shusterman's challenge of the USCIS's erroneous interpretation of physician NIW laws and his subsequent stature in the field.
If there are adequate numbers of you, which based on this thread there seem to be quite a few, then approaching a good lawyer to represent the group pro bono and getting this mess sorted out for good might be a consideration.
Any thoughts?
We are discussing it here. Please participate.
http://immigrationvoice.org/forum/showthread.php?t=21716
This is clearly a big deal for much of the IV community, who are stuck in this process due to inadequate EB visas and inefficient immigration service center processing.
I believe this might end up needing a class action litigation (for violating AC21 law) and an immigration attorney could make a name for him/herself in the process of this case!
Witness Carl Shusterman's challenge of the USCIS's erroneous interpretation of physician NIW laws and his subsequent stature in the field.
If there are adequate numbers of you, which based on this thread there seem to be quite a few, then approaching a good lawyer to represent the group pro bono and getting this mess sorted out for good might be a consideration.
Any thoughts?
We are discussing it here. Please participate.
http://immigrationvoice.org/forum/showthread.php?t=21716
more...
spicy_guy
06-10 04:50 PM
And funniest thing is, if there is any spillover, that happens from least trafficked categories.
Not the other way around as how it is supposed to be, logically...
I understand the frustration. Yes, its not fair et all.
EB I is really beaten up and no respite at the corner. And yes, it looks awkward when even late EB2 filers going way ahead ... Of course, no offense...But just wish EB 3 too has the same treatment....
Oh boy, its sad anyways.
Not the other way around as how it is supposed to be, logically...
I understand the frustration. Yes, its not fair et all.
EB I is really beaten up and no respite at the corner. And yes, it looks awkward when even late EB2 filers going way ahead ... Of course, no offense...But just wish EB 3 too has the same treatment....
Oh boy, its sad anyways.
delhiguy79
07-18 07:52 AM
OK ... I will wait till Aug 15th to get the receipt notice, if I dont get it by then I will send it with the cover letter that I have not yet received the receipt notice.
Thanks.
Thanks.
more...
belmontboy
03-05 02:23 AM
I have received a response on my request last year to USCIS for information on number of AOS applications pending. Here it is:
--------------------------------------
February 24, 2009
NRC2008065126
We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied) filed with USCIS since 2001, for each of the following countries and categories:
- EB-2 China
- EB-2 India
- EB-3 China
- EB-3 India
- EB-3 Mexico
- EB-3 Philippines
- EB-3 Rest of the World
Your request is being handled under the provisions of the Freedom of Information Act (5 U.S.C 552). It has been assigned the following control number: NRC2008065126. Please cite th is number in any further inquiry about this request.
In order to extract the information you have requested, a customized computer program will be required. You will be charged for the time it takes to write the program as well as the time involved in running the query to extract the date. You will not be charged for duplication, review and search time. We estimate the cost to be $5000.00. Due to the time and effort involved, you will be asked to sign an advance fee agreement before we proceed with your request. In addition, a deposit of $2500.00 payable by check or money order, must be paid within 30 days of the date of this notification. Please make your check payable to the United States Treasury, Failure to submit the $2500.00 deposit within the time frame given will result in your request being administratively closed.
In order to assure that we provide the information you seek in the format you have requested, we ask that you clarify the information sought. Employment based status is broken down into the following 14 categories.
_____________
NRC2008065126
Page 2
E21 203(b)(2) PROF/EXCPTNL ABILITY
E22 SPOUSE OF ES1 OR E21
E23 CHILD OF ES1 OR E21
E26 203(b)(2) PROF/EXCPTNL ABILITY
E27 SPOUSE OF ES6
E28 CHILD OF ES6
E30 203(b)(3) CHILD OF E36, E37
E31 203(b)(3)(A)(i) SKILLED WORKER
E32 203(b)(3)(A)(ii) PROFESSIONAL
E34 203(b)(3)(A) SPOUSE OF E31, E32
E35 203(b)(3)(A) CHILD OF E31, E32
E36 203(b)(3)(A)(i) SKILLED WORKER
E37 203(b)(3)(A)(ii) PROFESSIONAL
E39 203(b)(3)(A) SPOUSE OF E36, E37
Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?
Please define priority date.
You have asked for information concerning the country of chargeability. This information is not assigned until the application is approved or denied. Since you have requested information on pending applications only, this information is not available.
If you have any questions concerning your pending FOIA/PA request, please address them to this office, Attention: FOIA/PA Officer, or call us at 816-350-5570, or fax any FOIA/PA related correspondence to 816-350-5785.
Sincerely,
T. Diane Cejka
Director
___________________________
I will post a scan tomorrow
From what I understand, they aren't able to get the numbers by country of chargeablility.
Its funny they are asking me to define priority date ! :)
Why do they need money to respond to RTI request. IF they don't have a program, its their job to comeup with one. They shouldnot/cannot go asking for money.
Sounds like a scam.
Perhaps this should be brought to attention of Secretary of State or President.
If you have a copy, lets go to press with that.
--------------------------------------
February 24, 2009
NRC2008065126
We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied) filed with USCIS since 2001, for each of the following countries and categories:
- EB-2 China
- EB-2 India
- EB-3 China
- EB-3 India
- EB-3 Mexico
- EB-3 Philippines
- EB-3 Rest of the World
Your request is being handled under the provisions of the Freedom of Information Act (5 U.S.C 552). It has been assigned the following control number: NRC2008065126. Please cite th is number in any further inquiry about this request.
In order to extract the information you have requested, a customized computer program will be required. You will be charged for the time it takes to write the program as well as the time involved in running the query to extract the date. You will not be charged for duplication, review and search time. We estimate the cost to be $5000.00. Due to the time and effort involved, you will be asked to sign an advance fee agreement before we proceed with your request. In addition, a deposit of $2500.00 payable by check or money order, must be paid within 30 days of the date of this notification. Please make your check payable to the United States Treasury, Failure to submit the $2500.00 deposit within the time frame given will result in your request being administratively closed.
In order to assure that we provide the information you seek in the format you have requested, we ask that you clarify the information sought. Employment based status is broken down into the following 14 categories.
_____________
NRC2008065126
Page 2
E21 203(b)(2) PROF/EXCPTNL ABILITY
E22 SPOUSE OF ES1 OR E21
E23 CHILD OF ES1 OR E21
E26 203(b)(2) PROF/EXCPTNL ABILITY
E27 SPOUSE OF ES6
E28 CHILD OF ES6
E30 203(b)(3) CHILD OF E36, E37
E31 203(b)(3)(A)(i) SKILLED WORKER
E32 203(b)(3)(A)(ii) PROFESSIONAL
E34 203(b)(3)(A) SPOUSE OF E31, E32
E35 203(b)(3)(A) CHILD OF E31, E32
E36 203(b)(3)(A)(i) SKILLED WORKER
E37 203(b)(3)(A)(ii) PROFESSIONAL
E39 203(b)(3)(A) SPOUSE OF E36, E37
Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?
Please define priority date.
You have asked for information concerning the country of chargeability. This information is not assigned until the application is approved or denied. Since you have requested information on pending applications only, this information is not available.
If you have any questions concerning your pending FOIA/PA request, please address them to this office, Attention: FOIA/PA Officer, or call us at 816-350-5570, or fax any FOIA/PA related correspondence to 816-350-5785.
Sincerely,
T. Diane Cejka
Director
___________________________
I will post a scan tomorrow
From what I understand, they aren't able to get the numbers by country of chargeablility.
Its funny they are asking me to define priority date ! :)
Why do they need money to respond to RTI request. IF they don't have a program, its their job to comeup with one. They shouldnot/cannot go asking for money.
Sounds like a scam.
Perhaps this should be brought to attention of Secretary of State or President.
If you have a copy, lets go to press with that.
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kannan
09-25 05:41 PM
Fragoman has got lot of branches in different states,so please mention the name of the city or State , so that everybody will know about which group is bad and which is good.
more...
485InDreams
09-21 04:19 PM
if that is the reason...give way to next person in the queue....
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anzerraja
07-20 03:15 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
more...
Kushal
06-13 08:13 PM
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saileshdude
09-12 07:42 PM
This is a very common problem. They are not following their own rules when it comes to 180 day rule of I-140 revocation. And I have heard AC21 letter almost never reaches your file. But because you have filed AC21 , you are in good shape. You have all the proof that you did send the AC21 letter and I-140 was revoked after 180 days.
So you will be able to open this case using MTR. Do not worry , you just need good lawyer to represent you.
So you will be able to open this case using MTR. Do not worry , you just need good lawyer to represent you.
more...
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DesiGuy
09-12 08:20 AM
he has said something similar before during the debates but there is no clear plan from any of the candidates. given the heat this issue is generating (and lack of publics understanding); i doubt any of the candidate will be vocal about it.
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santb1975
04-26 03:19 PM
We really do
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pa_arora
03-05 12:14 AM
on another thought...even if we pay them and get the work done...how do we know they give us the right figures. remember we are dealing with USCIS here. ;-)
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delhiguy79
07-23 06:06 PM
Just being paranoid, but is 797 the number for the "receipt notice" as well as notice of action? I know that when H1 or 140 is decided, the notice of action form is called 797. I know that the USCIS seems pretty clear in the FAQ, but just wanted to confirm that a receipt is also called 797
..
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more...
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tomprc
07-09 03:34 PM
there are reports that some people get their july applications returned already. see here:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=5631015251
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=5631015251
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GCard_Dream
02-13 02:43 PM
There goes the supplemental bill and any hopes of getting any relief by Feb 15th.
http://news.yahoo.com/s/ap/20070213/ap_on_go_co/congress_spending;_ylt=AmFxyhCYs5och8xea1qWeR3MWM0 F
However, logiclife has indicated that there is a very good chance of CIR being debated in the Senate sometime in March so we should get ready for that now. Folks who were opposed to I-485 provision must be having a great day today. :)
http://news.yahoo.com/s/ap/20070213/ap_on_go_co/congress_spending;_ylt=AmFxyhCYs5och8xea1qWeR3MWM0 F
However, logiclife has indicated that there is a very good chance of CIR being debated in the Senate sometime in March so we should get ready for that now. Folks who were opposed to I-485 provision must be having a great day today. :)
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mundada
01-13 09:09 AM
I disagree with you. I will try again but you can continue to disagree with me.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
Both guys are brilliant and have same talent.
ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.
ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.
It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.
I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.
I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because
CAUSE:
1. He/She is required to have same or similar job; AND
2. He/She is qualified for the promotion; AND
3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
4. People from only few countries are retrogressed; AND
5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason
EFFECT: (though unintended)
He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.
You are missing the key point here.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
Both guys are brilliant and have same talent.
ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.
ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.
It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.
I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.
I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because
CAUSE:
1. He/She is required to have same or similar job; AND
2. He/She is qualified for the promotion; AND
3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
4. People from only few countries are retrogressed; AND
5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason
EFFECT: (though unintended)
He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.
You are missing the key point here.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
walking_dude
10-10 11:44 AM
There are many here (on IV forums) who question if Lobbying and Grassroots efforts really works. It they didn't, we wouldn't be here!
Read the following article on early Indian Immigrants and their miserable conditions before 1946. How they overcame the racist/xenophobic labor groups opposition through lobbying and grassroots efforts and became citizens.
http://www.sikhspectrum.com/082006/citizen.htm
Read the article, become motivated, join MI chapter. Together we shall prevail
Read the following article on early Indian Immigrants and their miserable conditions before 1946. How they overcame the racist/xenophobic labor groups opposition through lobbying and grassroots efforts and became citizens.
http://www.sikhspectrum.com/082006/citizen.htm
Read the article, become motivated, join MI chapter. Together we shall prevail
mshelat
05-28 01:56 PM
I agree ---- I think the momentum is slowing down...
at least can we not take any legal action for issuing out a rule (you can file MFS and get the stimuls and then amend MFJ) on 04/14/2008??? what about people who filed a long time ago as MFJ?? Because once you filed MFJ, the action is irrevocable!?! In my honest opinion, this stupidity of issuing out a clause the day before filing deadline deserves some "stir"!!
Any news?
at least can we not take any legal action for issuing out a rule (you can file MFS and get the stimuls and then amend MFJ) on 04/14/2008??? what about people who filed a long time ago as MFJ?? Because once you filed MFJ, the action is irrevocable!?! In my honest opinion, this stupidity of issuing out a clause the day before filing deadline deserves some "stir"!!
Any news?
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