H1ZONE
08-25 01:46 PM
I think you should go to either Eatentown( Exit 105 on GSP). Before they started accepting all immigrant applications at all DMVs they used to ask every one to go there. I think you may be able to get a temporary extension for month or two.
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mayhemt
05-26 11:53 PM
You mean opencongress.org?
http://www.opencongress.org/bill/111-s1085/show
Now this seems to be a light at the end of the tunnel ( not of an incoming train. hope so)
Lets support this bill, there is a website I am trying to remeber the address, I heard while driving on kfyi radio station, where all the bills are listed and people can poll on bills and this will help the lawmakers to find what bill is popular and which one is not.
I'll try to find and post it on the forum, we can poll and support this bill.
http://www.opencongress.org/bill/111-s1085/show
Now this seems to be a light at the end of the tunnel ( not of an incoming train. hope so)
Lets support this bill, there is a website I am trying to remeber the address, I heard while driving on kfyi radio station, where all the bills are listed and people can poll on bills and this will help the lawmakers to find what bill is popular and which one is not.
I'll try to find and post it on the forum, we can poll and support this bill.
pappu
02-27 10:27 PM
There is no doubt that IV has done a lot in the past and IV has great potential.
but why does everything come down to funding and lobbying ..can't we do anything without money ??
as I mentioned above IV has done a lot in the past but it is very very quiet now !!
say lobbying costs a million dollars ...it will take 100 years to raise that much money
how much money does it cost to come up with a new campaign or to announce a new campaign ???
I know my post will attract red dots etc ..but I am close to the point where it is either do something or wait for it to happen
You can run a campaign to contact media about this concept and get articles and interviews published. This would not cost money and would only require volunteer effort. You can start from your local paper and then try to increase it to other papers nationally.
Please lead such an effort and get other like minded members with you. That may help get publicity for the idea. You can also write some op-eds and get them published on this issue.
but why does everything come down to funding and lobbying ..can't we do anything without money ??
as I mentioned above IV has done a lot in the past but it is very very quiet now !!
say lobbying costs a million dollars ...it will take 100 years to raise that much money
how much money does it cost to come up with a new campaign or to announce a new campaign ???
I know my post will attract red dots etc ..but I am close to the point where it is either do something or wait for it to happen
You can run a campaign to contact media about this concept and get articles and interviews published. This would not cost money and would only require volunteer effort. You can start from your local paper and then try to increase it to other papers nationally.
Please lead such an effort and get other like minded members with you. That may help get publicity for the idea. You can also write some op-eds and get them published on this issue.
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bugsbunny
04-21 02:19 PM
Exactly! This person is making her parents go back and forth every six months, but wont consider moving back home and post such stupid questions and asks why don't create a new visa category?? Ask her if she will go meet lawmakers for this??
Please watch your language. Its a valid question. If you and your spouse have good jobs here and children are in school....moving back to support your parents may not be so feasible both economically and also for many other reasons. If you don't have useful and helpful suggestions to relieve the problem then please refrain from making attacks and have respect for others. you don't fully know or understand the person's circumstances
Please watch your language. Its a valid question. If you and your spouse have good jobs here and children are in school....moving back to support your parents may not be so feasible both economically and also for many other reasons. If you don't have useful and helpful suggestions to relieve the problem then please refrain from making attacks and have respect for others. you don't fully know or understand the person's circumstances
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chanduv23
02-23 01:08 PM
My lawyer advised against filing AC21 proactively. His opinion is that it may trigger a big RFE requiring financial details of the new employer. How true is this? I have a feeling my previous employer might withdraw my approved I-140 on the advice of their corporate lawyers (Fragomen, who I believe recommend I-140 withdrawal as past of their standard procedure when an employee leaves). I would like to preempt that and file AC21 documentation.
Yes, most Attorneys advise against proactive filing primarily because AC21 has no formal process associated like form, fee, reciepting or standard. It is based on guidance, most times the AC21 docs may or may not reach your file.
Some Attorneys advise the HR to proactively file for AC21. There is one company (huge) where when you are being offered a job on EAD after AC21 - the HR dept makes a big fuss - asks for all documents like copy if Labor, 140, 485 reciept any any other documents and then makes you sign G 28 and then file for a G28 change in Attorney and associate AC21 docs with those. I guess, the Attorneys charge money so it is a business. If RFE or denial - then more money.
My recomendation is to hire a ethical and realistic lawyer and not a greedy one
Yes, most Attorneys advise against proactive filing primarily because AC21 has no formal process associated like form, fee, reciepting or standard. It is based on guidance, most times the AC21 docs may or may not reach your file.
Some Attorneys advise the HR to proactively file for AC21. There is one company (huge) where when you are being offered a job on EAD after AC21 - the HR dept makes a big fuss - asks for all documents like copy if Labor, 140, 485 reciept any any other documents and then makes you sign G 28 and then file for a G28 change in Attorney and associate AC21 docs with those. I guess, the Attorneys charge money so it is a business. If RFE or denial - then more money.
My recomendation is to hire a ethical and realistic lawyer and not a greedy one
ps57002
09-23 01:11 PM
it's working now...the link
more...
virginian99
04-16 08:38 AM
I think this has been discussed on some other thread.. would it be a good idea to make the contributions public.. may be, this encourages others to contribute, when they realize how much more is needed to reach the monetary goal.
I attended recent meeting arranged by IV in Virginia and they discussed about all this info you are asking. I don't think core team can publicly disclose all this info. They even showed us the recent bill they got to pay the lobbying firm. So next time there is IV meeting please attend it and your questions will be answered in private but not in a public forum.
I attended recent meeting arranged by IV in Virginia and they discussed about all this info you are asking. I don't think core team can publicly disclose all this info. They even showed us the recent bill they got to pay the lobbying firm. So next time there is IV meeting please attend it and your questions will be answered in private but not in a public forum.
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senthil
02-23 01:45 AM
ARR - great inspiration
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unitednations
08-16 02:40 PM
As I see it, hiring a lawyer is still cheaper than losing 20K per year because you are working for a exploitative consulting company. But if the company is treating you well, there is no reason to leave.
I never understood this "exploitation thing". This is America...
If someone is exploiting we all have a choice. We can change employers; go back home, etc.
It may not be a totally open market but it is not like you have handcuffs around you. This type of talk of exploiting, slavery only hurts everyones cause.
I never understood this "exploitation thing". This is America...
If someone is exploiting we all have a choice. We can change employers; go back home, etc.
It may not be a totally open market but it is not like you have handcuffs around you. This type of talk of exploiting, slavery only hurts everyones cause.
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learning01
04-26 04:29 PM
Try sending a PM to zhongweizhu or wu1. It's a guess. Looks like Chinese members to me. I am not Chinese.
It would be so great if our Chinese members told us more about this portal, and any others where we could get the word out.
It would be so great if our Chinese members told us more about this portal, and any others where we could get the word out.
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baburob2
07-27 05:14 AM
hi chisinau,or anyone..
Hi chisinau..
It's destiny that I came across your posting.. like you, I am an RN waiting for the DS230 approval also since Oct.2006.. believe it or not ,I was also informed by the NVC to resubmit a new DS230 because the previous one I submitted last year was already outdated. Now, I sent them the updated DS230 last June 27,2007.
I really want to ask if in your opinion, or if you have some positive information regarding this�do we still have a chance of receiving an embassy interview and medical exam schedule before October 2007?
I would really appreciate a response.. thank you
Hi Peyton
The quota is over and hence the chances of interview schedule before Oct 2007 is not possible. However depending on the origin of country, EB category , priority category you should stand a good chance of interview being scheduled for FY2008. My gut feeling is EB3 ROW would open up with Some 2005 year and EB3 Ind would open up wiht some 2003 and EB2 Ind would open up with some 2004 .
Hi chisinau..
It's destiny that I came across your posting.. like you, I am an RN waiting for the DS230 approval also since Oct.2006.. believe it or not ,I was also informed by the NVC to resubmit a new DS230 because the previous one I submitted last year was already outdated. Now, I sent them the updated DS230 last June 27,2007.
I really want to ask if in your opinion, or if you have some positive information regarding this�do we still have a chance of receiving an embassy interview and medical exam schedule before October 2007?
I would really appreciate a response.. thank you
Hi Peyton
The quota is over and hence the chances of interview schedule before Oct 2007 is not possible. However depending on the origin of country, EB category , priority category you should stand a good chance of interview being scheduled for FY2008. My gut feeling is EB3 ROW would open up with Some 2005 year and EB3 Ind would open up wiht some 2003 and EB2 Ind would open up with some 2004 .
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sdrblr
08-24 03:39 PM
Hi all,
my priority date is jan 2003.first ours was at TSC and then it was transferred to VSc and now it was transferred to TSC.
Wow !!! did you check with an Infopass?
my priority date is jan 2003.first ours was at TSC and then it was transferred to VSc and now it was transferred to TSC.
Wow !!! did you check with an Infopass?
more...
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Sideliner
04-09 12:07 PM
Intresting someone brought up Gandhi's name here, we just'nt could manage more than few hundred to get togather to raise one voice, I just wonder if I think how this person was able to inspire millions to march on street and follow him without any questions asked.
Gandhi was a great man no questions, he had the all the intellectual, personal and spiritual qualities required to lead the nation. With those qualities alone, he could not have convenced more than half a dozen people. The nation at that time was in need of a leader like him. When they found the right man, the followed without questions.
Gandhi was a great man no questions, he had the all the intellectual, personal and spiritual qualities required to lead the nation. With those qualities alone, he could not have convenced more than half a dozen people. The nation at that time was in need of a leader like him. When they found the right man, the followed without questions.
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luckysiri
04-14 06:48 PM
Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. They said the lay off was becoz of budget issues. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
more...
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girishvar
07-13 06:42 PM
Greetings! I have been watching the flower campaign after I got the email last night in IV news letter. While We are extremely happy getting the media coverage we needed, we are ignoring one thing. There is one more important issue that we are missing here. USINPAC is rapidly claiming that they are behind this whole thing. This is more than plaigarism. some of you might say that this is not some thing as we should be considered about media attention as our primary issue amidst of this whole thing, but this can come back hurting if USINPAC starts claiming the credit in more sites. If they go beyond the cliff, they will do their own press release to claim credit and it gets more messier at that point. If you look at their press releases, they clearly denied us any credit by refering to the org as Emigration voice. I am positive reporters across the worls know the difference between Immigration and Emigration and whether people from India immigrate to US or emigrate to US. I feel that this is deliberately denying any google search for IV
http://in.news.yahoo.com/070710/48/6hwnn.html
I am going to call them first thing tomorrow morning and explain them to clearly give credit to Immigration Voice (with clear spelling) for the flower campaign. Other wise, may be we should consider doing a press release on the same. We do not need to get impolite with them and use harsh words. We can convey one single message like we did today with the flower campaign. Hopefully some one like logiclife/pappu can come up with one consistent message to be delivered when we call USINPAC
I know Robinder Personally for a long time. He is Championing the cause of Ind0-US affairs with his headquarters in India. He is also the very senior columnist and well respected media person in Delhi. Being a Bachelor and previous personal assistant of Rajiv Gandhi, when he was a PM, he has never entered politics and very honest altruistic man. Calling him a fraud should be incorrect.
I have personally spoken to him in Last fortnight several times and create a campaign for immigration issue in Indian media. Personally on my request he has taken up this issue. He has very great regard for Immigration voice and told me to join as the volunteer of IV. He never misrepresents for any fame, and he has been quoted by Indian Media on any US affairs. Indian Media does not have a clue to diiffrentiate between USINPAC and IV. He never have any malicious intent against IV and does not require any personal credit. I have not spoken to him after reading this posting and I will again post my reply after talking to him.
Three years ago myself and Robinder met with US consulate general in India and requested for working on making E-1 and E-2 visas available to Indians by creating an envirnment to make India as the Treaty country. Eventhough we have a long way to go still periodically he is pushing this initiative out of India.
http://in.news.yahoo.com/070710/48/6hwnn.html
I am going to call them first thing tomorrow morning and explain them to clearly give credit to Immigration Voice (with clear spelling) for the flower campaign. Other wise, may be we should consider doing a press release on the same. We do not need to get impolite with them and use harsh words. We can convey one single message like we did today with the flower campaign. Hopefully some one like logiclife/pappu can come up with one consistent message to be delivered when we call USINPAC
I know Robinder Personally for a long time. He is Championing the cause of Ind0-US affairs with his headquarters in India. He is also the very senior columnist and well respected media person in Delhi. Being a Bachelor and previous personal assistant of Rajiv Gandhi, when he was a PM, he has never entered politics and very honest altruistic man. Calling him a fraud should be incorrect.
I have personally spoken to him in Last fortnight several times and create a campaign for immigration issue in Indian media. Personally on my request he has taken up this issue. He has very great regard for Immigration voice and told me to join as the volunteer of IV. He never misrepresents for any fame, and he has been quoted by Indian Media on any US affairs. Indian Media does not have a clue to diiffrentiate between USINPAC and IV. He never have any malicious intent against IV and does not require any personal credit. I have not spoken to him after reading this posting and I will again post my reply after talking to him.
Three years ago myself and Robinder met with US consulate general in India and requested for working on making E-1 and E-2 visas available to Indians by creating an envirnment to make India as the Treaty country. Eventhough we have a long way to go still periodically he is pushing this initiative out of India.
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ashishgour
05-28 05:29 PM
2. Senate Judiciary Committee to Hold a Hearing on the Uniting American Families Act(**)
The hearing is scheduled for next wednesday..
http://judiciary.senate.gov/hearings/hearing.cfm?id=3876
The hearing is scheduled for next wednesday..
http://judiciary.senate.gov/hearings/hearing.cfm?id=3876
more...
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Sree Swathi
04-21 02:21 PM
Dear Friends,
Please stay together....we will get this permission.
If our parents stay in US, US economy will improved. We will be buying health insurance and food for them.
We will stop sending money to our native country. All money we earned will be spend here. We will be travelling more. Shopping more. etc.
This will help to improve US economy. I want to see US become super country like how it was when Bill Clinton was president.
We have a great present now. I was impressed by his speech about family value and raising kids together as family. I am sure, we will get help from him.
You know, How J2 visa holder got permission to work in US. A person fight for it and got it for many.
Don't bother about a negative persons comments here.
If we stay together, we will get this permission. Anyway, after you become citizen you got that permission. We can request gov to give permission to GC holders too.
Please stay together....we will get this permission.
If our parents stay in US, US economy will improved. We will be buying health insurance and food for them.
We will stop sending money to our native country. All money we earned will be spend here. We will be travelling more. Shopping more. etc.
This will help to improve US economy. I want to see US become super country like how it was when Bill Clinton was president.
We have a great present now. I was impressed by his speech about family value and raising kids together as family. I am sure, we will get help from him.
You know, How J2 visa holder got permission to work in US. A person fight for it and got it for many.
Don't bother about a negative persons comments here.
If we stay together, we will get this permission. Anyway, after you become citizen you got that permission. We can request gov to give permission to GC holders too.
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kuppas
02-20 03:25 PM
I have been doing the same research for the past one month, here is my experience.
1. Termlife Vs Wholelife.
Term is better than whole life. Instead of going with whole life, you can have Term + Saving account. For example, if you need $500/year for term and $2500/year for whole life. Take the Term insurnace and pay $500/year, open a saving account and deposit $2000/year ($2500 - $500).
2. You can compare the different life insurance with ratings. http://www.term4sale.com/
3. No life insurance for H1 (non-immigrant)
I have talked to WesternSouthern and Metlife agents. WS does not offer Life insurance for H1 but Metlife offer life insurance provided that insured person must be working in the same company for last five years.
4. Insurance here (US) vs India
Term insurance in India is much higher than insurance here. I got the quote here for $500/year but for the same insurance amount, the LIC cost me Rs.80,000.00
5. Hidden items
Make sure, you understand all the hidden item when you take insurance from here(US) or India. If you (owner+beneficiary) take life insurance here, the insured person stays outside the country for long time (more than six weeks) and if the insured person dies then you can't claim.
Thanks,
-Kuppa
1. Termlife Vs Wholelife.
Term is better than whole life. Instead of going with whole life, you can have Term + Saving account. For example, if you need $500/year for term and $2500/year for whole life. Take the Term insurnace and pay $500/year, open a saving account and deposit $2000/year ($2500 - $500).
2. You can compare the different life insurance with ratings. http://www.term4sale.com/
3. No life insurance for H1 (non-immigrant)
I have talked to WesternSouthern and Metlife agents. WS does not offer Life insurance for H1 but Metlife offer life insurance provided that insured person must be working in the same company for last five years.
4. Insurance here (US) vs India
Term insurance in India is much higher than insurance here. I got the quote here for $500/year but for the same insurance amount, the LIC cost me Rs.80,000.00
5. Hidden items
Make sure, you understand all the hidden item when you take insurance from here(US) or India. If you (owner+beneficiary) take life insurance here, the insured person stays outside the country for long time (more than six weeks) and if the insured person dies then you can't claim.
Thanks,
-Kuppa
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gcseeker2002
12-06 12:46 PM
e-mail won't do it. Put it in writing or wait until 90 days passes from the receipt date
This is like the banana joke in an old tamil movie, it is over 157 days and the USCIS now wants to go by processing times which mention july 3rd processing date, which is still late, but then they will say it is just one day over your receipt date.
This is like the banana joke in an old tamil movie, it is over 157 days and the USCIS now wants to go by processing times which mention july 3rd processing date, which is still late, but then they will say it is just one day over your receipt date.
makemygc
07-06 11:30 AM
Guys,
Here are my thoughts:
---------------------
There are Four group of people (Became current with July bulletin) who are affected and suffered.
1) The people whose applications reached to USCIS before 10:00 AM
07/02/07, i.e. before USCIS's new revision/update.
Note: Legally this group is the SAFEST one as their file reached to the
USCIS table on time while USCIS's first bulletin was in effect. Their
case is strong as far as "Law and Justice" is concerned.
2) The people whose applications reached on 07/02/07 but after USCIS's
declaration of new revision.
Note: This group can be fit in a category "Who did not receive ample
notice from USCIS for its intention to change the bulletin. And so
may be considered "Probable beneficiaries" by the judiciary
3) The people whose applications reached or will reach to USCIS from any
time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.
Note: This group will have a "Strongest" weak argument and case. Their
act of sending files perhaps may not be considered "Law-abiding" as
they have already received ample notice from USCIS and clear
statement of USCIS about "Rejecting applications upon receiving"
then also this group sent the applications.
4) The People who will not send applications at all with respect to the
USCIS's revision.
Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
be considered "Law-abiding" and who acted as per USCIS's
instruction within the periphery of respecting legal authority.
Now other points to be noted are as under:
-----------------------------------------
DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what we must stress on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a week case. Nos USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS decalred "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".
Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.
Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out ot everbody looses it. Same argument goes for people who are not filing. By not filing they are obeying the leagl instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....
If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able save it face and limit on visa numbers wil automatically send whole bunch of files for eating the dust for years.
I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)
Any thoughts?
How do you define "All effected"?
Here are my thoughts:
---------------------
There are Four group of people (Became current with July bulletin) who are affected and suffered.
1) The people whose applications reached to USCIS before 10:00 AM
07/02/07, i.e. before USCIS's new revision/update.
Note: Legally this group is the SAFEST one as their file reached to the
USCIS table on time while USCIS's first bulletin was in effect. Their
case is strong as far as "Law and Justice" is concerned.
2) The people whose applications reached on 07/02/07 but after USCIS's
declaration of new revision.
Note: This group can be fit in a category "Who did not receive ample
notice from USCIS for its intention to change the bulletin. And so
may be considered "Probable beneficiaries" by the judiciary
3) The people whose applications reached or will reach to USCIS from any
time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.
Note: This group will have a "Strongest" weak argument and case. Their
act of sending files perhaps may not be considered "Law-abiding" as
they have already received ample notice from USCIS and clear
statement of USCIS about "Rejecting applications upon receiving"
then also this group sent the applications.
4) The People who will not send applications at all with respect to the
USCIS's revision.
Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
be considered "Law-abiding" and who acted as per USCIS's
instruction within the periphery of respecting legal authority.
Now other points to be noted are as under:
-----------------------------------------
DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what we must stress on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a week case. Nos USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS decalred "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".
Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.
Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out ot everbody looses it. Same argument goes for people who are not filing. By not filing they are obeying the leagl instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....
If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able save it face and limit on visa numbers wil automatically send whole bunch of files for eating the dust for years.
I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)
Any thoughts?
How do you define "All effected"?
Gravitation
09-14 12:02 AM
I bought my house before my labor was even filed.
PD: Dec 12th, 2003
House closing date: Dec 1st 2003
PD: Dec 12th, 2003
House closing date: Dec 1st 2003