pappu
07-01 10:23 PM
QUESTIONNAIRE FOR POTENTIAL PLAINTIFFS
USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
Please be sure to include a copy of the following with this questionnaire:
• Completed I-485 as submitted to USCIS, and any cover letter sent with it;
• Evidence of method and date of mailing (USPS, Fed Ex, etc)
• A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
• USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
Date questionnaire is completed:
Completed by:
Attorney Contact Information:
Name
Email
Firm
Address
Telephone
Fax
Adjustment Applicant Information:
Name
Address
Phone
Email
Nationality or citizenship
Adjustment Application Filing Information:
Date adjustment application was submitted to USCIS and method of submission:
Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
What was the employment-based immigrant category under which the adjustment application applied?
USCIS rejection of the adjustment application:
Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
If yes, please explain in detail:
Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
2
Harm to adjustment applicant:
Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
Please return this form and documents by email or fax to:
visabulletin@ailf.org
or fax (202) 742-5619 attn. AILF LAC
USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
Please be sure to include a copy of the following with this questionnaire:
• Completed I-485 as submitted to USCIS, and any cover letter sent with it;
• Evidence of method and date of mailing (USPS, Fed Ex, etc)
• A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
• USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
Date questionnaire is completed:
Completed by:
Attorney Contact Information:
Name
Firm
Address
Telephone
Fax
Adjustment Applicant Information:
Name
Address
Phone
Nationality or citizenship
Adjustment Application Filing Information:
Date adjustment application was submitted to USCIS and method of submission:
Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
What was the employment-based immigrant category under which the adjustment application applied?
USCIS rejection of the adjustment application:
Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
If yes, please explain in detail:
Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
2
Harm to adjustment applicant:
Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
Please return this form and documents by email or fax to:
visabulletin@ailf.org
or fax (202) 742-5619 attn. AILF LAC
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tejonidhi
09-10 04:23 PM
i guess they were very happy that they discussed the horse issue and they decided to take a well deserved break...as for 5882 who cares, as one poster mentioned, the horses are US citizens and they support the economy by eating grass. Republicans are happy because legal horses will be eating legal grass as opposed to illegals cutting and shipping grass to the horses. Democrats will be happy because the horses are well looked after.
... i am just venting but i think this is a sign of the times we live in :D .To the folks who say that everything will be ok with the new Prez comes, remember the congress will mostly stay the same.
where do we stand. I thought we are legal horses.
... i am just venting but i think this is a sign of the times we live in :D .To the folks who say that everything will be ok with the new Prez comes, remember the congress will mostly stay the same.
where do we stand. I thought we are legal horses.
Indirant
03-07 08:45 PM
Varsha,
I have not heard any reply. waiting for repsonse to Ajay's request.
Thanks
Sekar
I have not heard any reply. waiting for repsonse to Ajay's request.
Thanks
Sekar
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paskal
04-08 11:19 AM
If you want a good discussion on a topic stop generalizing things and do not use rants like racist engineers etc. When you make an assumption please be clear about. You have assumed most people work for consulting companies and most people are frustrated with it. Not so. I don't work for them and I am not frustrated with them. My only concern with them is they are exploiting the system to their advantage and at my cost. This has two fold affect not only the take cut from your salary but also put a bad name to H1B visa program in general. Whoever wrote the bill or whatever are the consequences there is definitely some good things in that bill. Let me list out how some provisions are good:
1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.
2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.
If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.
on the face of it i largely agree, you are however misisng something important in my opinion. Look at the Lc process for Gc carefully. A company is required to advertise then employ any citizen with "minimum requirements" whether or not they are suitable or the best candidate. If the same were to be applied to the H1b- and to renewals, mind it, consider whether most H1B visa holders would be able to continue.
the fact that reform is needed does not mean this is the best way.
and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.
1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.
2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.
If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.
on the face of it i largely agree, you are however misisng something important in my opinion. Look at the Lc process for Gc carefully. A company is required to advertise then employ any citizen with "minimum requirements" whether or not they are suitable or the best candidate. If the same were to be applied to the H1b- and to renewals, mind it, consider whether most H1B visa holders would be able to continue.
the fact that reform is needed does not mean this is the best way.
and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.
more...
WaldenPond
02-19 07:45 AM
Hello retrohatao,
Thanks for coming forward to take the responsibility. I have sent you a private message. I will wait for your response.
You have described the problem very well. I have tried every way to get name check done. I have gone for FP four times (three times after 15 months expiration as they screwed up twice) but still no end in sight. For FP, each time I have to travel to a city that is couple of hours away. Both, my spouse and I have to take a day off from work. So it usually costs us couple of hundred dollars just to get each FP done. We have contacted both the Senators of the state and my congressman. We have made some good contacts with the staff of the congressman and this is helping with this effort. They have all communicated that it is in name check and they cannot do anything. We have tried every suggestion that is posted on the web but nothing seem to work. So we completely understand and go through the same frustration and relate to everything that you and willgetgc2005 wam4wam & stirGC maybe going through.
Hello willgetgc2005 wam4wam & stirGC,
I would request you to please help retrohatao and all of us to make this effort a success. It would be great if you could please come forward and join this effort actively. It would be great if you could encourage others to join. Please tell others that simply reading/posting messages and not actively participating is like watching a game from the sidelines and still expect to win without even playing. Please tell others that no one can win by watching from the sidelines. Together we can make it happen. I will eagerly look forward to hearing from you.
Regards,
-WP
Thanks for coming forward to take the responsibility. I have sent you a private message. I will wait for your response.
You have described the problem very well. I have tried every way to get name check done. I have gone for FP four times (three times after 15 months expiration as they screwed up twice) but still no end in sight. For FP, each time I have to travel to a city that is couple of hours away. Both, my spouse and I have to take a day off from work. So it usually costs us couple of hundred dollars just to get each FP done. We have contacted both the Senators of the state and my congressman. We have made some good contacts with the staff of the congressman and this is helping with this effort. They have all communicated that it is in name check and they cannot do anything. We have tried every suggestion that is posted on the web but nothing seem to work. So we completely understand and go through the same frustration and relate to everything that you and willgetgc2005 wam4wam & stirGC maybe going through.
Hello willgetgc2005 wam4wam & stirGC,
I would request you to please help retrohatao and all of us to make this effort a success. It would be great if you could please come forward and join this effort actively. It would be great if you could encourage others to join. Please tell others that simply reading/posting messages and not actively participating is like watching a game from the sidelines and still expect to win without even playing. Please tell others that no one can win by watching from the sidelines. Together we can make it happen. I will eagerly look forward to hearing from you.
Regards,
-WP
calgirl
07-12 05:53 PM
sammas..
Ahh.. Thought I missed something in the loong document..
Thanks..
Ahh.. Thought I missed something in the loong document..
Thanks..
more...
techskill
09-18 12:28 PM
Then we shud ask him what are the fundametals of the economy.Because once he said he doesnt know anything abt economy.
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gc28262
08-11 05:21 PM
Guys,
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
This will need a legislative change.
I have some information about 245(I) here EbImmigrationReference (http://ebimmigrationreference.blogspot.com/)
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
This will need a legislative change.
I have some information about 245(I) here EbImmigrationReference (http://ebimmigrationreference.blogspot.com/)
more...
actaccord
02-17 03:38 PM
have the process/steps on how to redeem those air miles ?
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spaceguy
10-26 09:29 AM
Eb3 India
PD- Jan 2004
Got EAD,FP and AP
PD- Jan 2004
Got EAD,FP and AP
more...
WillIBLucky
11-22 01:23 PM
I dont think that is correct - as per my lawyer this is what she says -
In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:
1. Your I-140 must be approved
2. Your I-485 must be filed and pending for at least 180 days
3. Your new job classification must be the same as in the old job
If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.
So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".
In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:
1. Your I-140 must be approved
2. Your I-485 must be filed and pending for at least 180 days
3. Your new job classification must be the same as in the old job
If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.
So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".
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sameer2730
03-12 11:19 AM
At least the money is put to some use and results are tangible, how about the results in here?
Refer to my posts.
IV core needs to explain!
What is tangible. If I take $20 from you to buy a movie ticket and fetch it from you and simply buy it for you is that tangible. The same is true with lawyers taking $700 and getting an EAD. You could do it yourself but assume its safer to do it via someone in whose self interest it is if your case has problems.
Refer to my posts.
IV core needs to explain!
What is tangible. If I take $20 from you to buy a movie ticket and fetch it from you and simply buy it for you is that tangible. The same is true with lawyers taking $700 and getting an EAD. You could do it yourself but assume its safer to do it via someone in whose self interest it is if your case has problems.
more...
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yabadaba
09-10 04:07 PM
thx for catching that.. i m sending it now to my school
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meridiani.planum
03-13 11:51 AM
Has any one working on EAD experienced delays in renewals and how does HR department react to such delay's. Least on H1 it is clear that you can work for 8 months on receipt.
where I work one of two things happen:
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
where I work one of two things happen:
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
more...
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gimme_GC2006
05-16 07:36 AM
wow..this thread is putting more valuable insights..thanks to all of you who are sharing this information..
Yes..I understand about ROI and all..thats why I want to do online..no way I could do fulltime.
But my biggest challenge is dedicating time..As of now, by the time we finish our dinner and put kids to sleep, it will be anywhere between 8:30PM to 9:00PM..(Sometimes my 3.5 year old son wakes up and tells me that he wants to become Spider Man..so those days will take us into 10PM range)
Now by the time, kids go to bed, I am totally exhausted and I have to keep in mind the work pressure (sometimes I may have to work late)..so I am little bit confused on how to balance.
But I certainly want to do MBA, because I want to have an MBA degree, I believe it will help me grow to next level in my job and may be help me get a better job or If I move to India then I hope an American MBA from a reputed university will fetch me a mid/senior level position (I am tired of being a tech lead/senior developer in US where all of my Juniors who joined my team as ELTP when I was project lead in India have become Deliver managers etc..dont mean to take their credit away..but staying on H1B here as put a roadblock on my career..not eveyr h1b gets an opportunity to grow..tell me about it)
so, coming back, so far, I heard from Phani about KD and It looks like a good place for Online..
The other one I was thinking about is WP Carey from Arizona state..it is also considered good..I am in FLorida and Warrington college is ranked higher but I heard being a southern college, not many recognize this one.
Also, what about PennState World Campus or Univ. of Massachusets at Lowell/Amherst.
Yes..I understand about ROI and all..thats why I want to do online..no way I could do fulltime.
But my biggest challenge is dedicating time..As of now, by the time we finish our dinner and put kids to sleep, it will be anywhere between 8:30PM to 9:00PM..(Sometimes my 3.5 year old son wakes up and tells me that he wants to become Spider Man..so those days will take us into 10PM range)
Now by the time, kids go to bed, I am totally exhausted and I have to keep in mind the work pressure (sometimes I may have to work late)..so I am little bit confused on how to balance.
But I certainly want to do MBA, because I want to have an MBA degree, I believe it will help me grow to next level in my job and may be help me get a better job or If I move to India then I hope an American MBA from a reputed university will fetch me a mid/senior level position (I am tired of being a tech lead/senior developer in US where all of my Juniors who joined my team as ELTP when I was project lead in India have become Deliver managers etc..dont mean to take their credit away..but staying on H1B here as put a roadblock on my career..not eveyr h1b gets an opportunity to grow..tell me about it)
so, coming back, so far, I heard from Phani about KD and It looks like a good place for Online..
The other one I was thinking about is WP Carey from Arizona state..it is also considered good..I am in FLorida and Warrington college is ranked higher but I heard being a southern college, not many recognize this one.
Also, what about PennState World Campus or Univ. of Massachusets at Lowell/Amherst.
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agaudi
11-13 12:10 PM
The are playing with all of us, At this point after almost 10 years of following the law in order to get a GC I guess that is better to be undocumented. They at least can swith jobs or do other things, not paying lawyers USICS fees taxes etc etc. We are prisoners in this broken immigration system. the other day I called USCIS to see why my and my family's apps haven't been processed yet. They said they will review my case. 5 days later I got three identical e mails telling me they are ACTIVELY working on our cases! Can you believe that? I'm tired of all of this and I want to do whatever it takes to finish with this, I think I can produce more for me, my family and this country, but I'm loosing my youth in this battle. Tell me what to do and I'll do it.
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rb_248
04-09 07:26 PM
No change. Wohi purani kahaani. Old wine in new bottle.
Old wine tastes good. Does this VB tastes good to you?
Old wine tastes good. Does this VB tastes good to you?
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deafTunes123
02-21 01:12 PM
As per my Lawyer, You can file I-140 under both Eb2 and EB3(Porting PD from EB3 to EB2 or vice-versa). which ever the Date becomes current, you can ask the IO to use that particular category.
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nixstor
07-05 01:46 PM
I'll just go back to forums of the leading lady immigration lawyer....
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pkak
07-09 10:50 PM
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
Whether they are smart people or not, a future department of justice investigation will find out.
http://s202395528.onlinehome.us/category/general/
However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.
Whether they are smart people or not, a future department of justice investigation will find out.
http://s202395528.onlinehome.us/category/general/
However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.
ItIsNotFunny
10-15 04:42 PM
People who want a copy of their LCA/I-140, please send that in before this. This will create a real large queue and you won't ever get your copy.
Do we all need to do this ?
-M
What are you suggesting? Please speak in lay man's terms.
Do we all need to do this ?
-M
What are you suggesting? Please speak in lay man's terms.