China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
EB3 ROW has been retrogressed as predicted in Oh's website.
All non-India EB3 are at March 03 now....
Will they keep them at March 03 for few months and give a bump to EB3?
Something is cooking...Otherwise they wouldn't retrogress ROW by almost 2 years...
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
EB3 ROW has been retrogressed as predicted in Oh's website.
All non-India EB3 are at March 03 now....
Will they keep them at March 03 for few months and give a bump to EB3?
Something is cooking...Otherwise they wouldn't retrogress ROW by almost 2 years...
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It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Sent.
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March 1 is NOT included.......See attachment Page 1 paragraph 5....
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
Thanks...Excerpt from the same document
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
Thanks...Excerpt from the same document
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
At least you have the option of having consulting comp file your first H1.
There are tons of folks in other non-IT industries that struggle to get an offer 10 months in advance... and get a place in the queue.
the way its set now, only IT people benefit ..
My friend got a teaching position and early contract, but when it came to the h1 visa, school county withdrew the offer. And this was for a shortage occupation too. They would rather go understaffed than file H1. And they did not find anyone else to fil the position.
Nowadays, getting a job and H1 has nothing to do with skills, experience, education etc. It's pure luck of being at the right place in the right time.
I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.
There are tons of folks in other non-IT industries that struggle to get an offer 10 months in advance... and get a place in the queue.
the way its set now, only IT people benefit ..
My friend got a teaching position and early contract, but when it came to the h1 visa, school county withdrew the offer. And this was for a shortage occupation too. They would rather go understaffed than file H1. And they did not find anyone else to fil the position.
Nowadays, getting a job and H1 has nothing to do with skills, experience, education etc. It's pure luck of being at the right place in the right time.
I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.
How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
The country caps ensure equal distribution of immigrants from all parts of the world and not only the countries which have poured in immigrants in the last few decades.
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http://travel.state.gov/visa/frvi/bulletin/bulletin_4406.html
Do you know that July 1st was a Sunday? A non-working day.
Harra Patta,
It was Sunday for you and me and for all on this forum but USCIS worked on that Sunday .. Seems to be weird.. Hunh :eek: Yes, but what can you do now?
Harra Patta,
It was Sunday for you and me and for all on this forum but USCIS worked on that Sunday .. Seems to be weird.. Hunh :eek: Yes, but what can you do now?
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Guys,
Good to know the weather will be good, but even it is not, the spirit shouldnt die. I wish all realize this. I hope the weather is horrible and we all still make it to make the voice heard louder.,
Sri..
Good to know the weather will be good, but even it is not, the spirit shouldnt die. I wish all realize this. I hope the weather is horrible and we all still make it to make the voice heard louder.,
Sri..
for the update, StarRun.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
IV sent newsletters last year on advocacy efforts to its members. We are doing it this year as well. We are trying to reach out to our members to attend the event.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
IV sent newsletters last year on advocacy efforts to its members. We are doing it this year as well. We are trying to reach out to our members to attend the event.
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for the update, StarRun.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
I agree. Flight tickets are discounted till the last 3 weeks, but if someone wnts to book at a later stage, they become expensive.
On another note, I think we must urge locals, and those in driving distance to really make it. People must take this very seriously.
Most EB3 have no clue whatsoever when the backlog clears. Everyone wants to just wait and discuss visa bulletins, but will not do anything. This includes EB3 ROW also.
People must step up and do some PR work.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
I agree. Flight tickets are discounted till the last 3 weeks, but if someone wnts to book at a later stage, they become expensive.
On another note, I think we must urge locals, and those in driving distance to really make it. People must take this very seriously.
Most EB3 have no clue whatsoever when the backlog clears. Everyone wants to just wait and discuss visa bulletins, but will not do anything. This includes EB3 ROW also.
People must step up and do some PR work.
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And one thing that has not got enough press here is , how the EB3-ROW has got significant overflow in the last two months though EB2- I/C are no where near current. Per common understanding , they should not get a single overflow till EB2 is current .
Street Justice ??
EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Street Justice ??
EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
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....
Any one donation NOT to be less than $100 PLEASE.
I believe that the goal of Visa Re-capture is worth more than that even if you are making multiple donations.
Please pardon me for my ignorance but why is that every admin fix will work with money in this country?
Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)
I could recall that July '07 fiasco has been fixed without we donate anything.
Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?
These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...
Any one donation NOT to be less than $100 PLEASE.
I believe that the goal of Visa Re-capture is worth more than that even if you are making multiple donations.
Please pardon me for my ignorance but why is that every admin fix will work with money in this country?
Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)
I could recall that July '07 fiasco has been fixed without we donate anything.
Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?
These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...
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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
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First someone from IV core has to confirm that this rule change does not need congress action. I am sure the core has explored this option before.
Until then, there is no point in having any discussion on this.
Can someone from IV core team confirm this "this rule change does not need congress action." ???
If we don`t talk about here then how does core team know aobut it ??
Anyway i will wait from core team about it. I don`t know either this rule come under USCIS OR Department of State ??
thx.
Until then, there is no point in having any discussion on this.
Can someone from IV core team confirm this "this rule change does not need congress action." ???
If we don`t talk about here then how does core team know aobut it ??
Anyway i will wait from core team about it. I don`t know either this rule come under USCIS OR Department of State ??
thx.
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We all should request politely to end this country specific reservations.
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we need some more members to keep this effort stay ignited. This effort has helped us get several hundred members in the past few weeks. Pls continue to help. It will only take 15 min of your time.
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Actually even the Brits. have a rule in their immigration process stating that if you have spent a total of 10 yrs in that country, that alone is a basis for a PR card there. Citizenship is another 1 yr after that(there is currently some debate about making it 2 mainly over spousal PR cards). This rule is based on the premise that if you have been part of the society for that length of time then you have contributed sufficiently to warrant peership. So by this score, many of those who posted that they have been here since earlier than 1999 would have been eligible even absent the employers assistance.
Given that we have been tax paying, law abiding and patiently waiting through a bureaucratic system that has to date not approved 500K visas that they could have, we have a legitimate grouse to any fair minded person. We have contributed tremendously through our purchasing power and in many other ways to this economy.
As it stands however the system is mainly screwing EB India. Ideally they should start up a Country caps for H1b visas also. Only then will the foolishness of per country quotas for EMPLOYMENT BASED immigration be fully apparent. I see potentially another example of this "managed overflow" system at work here.
It seems likely on the Oct. VB that EB3 ROW would have been afforded a much more generous PD than EB2I. Based on the USCIS's assertion that henceforth spillover will be horizontal before vertical, the presumption can then be that EB3ROW would basically be limited to 28% of 140K, on that basis and recent retrogression for EB3ROW, those numbers should be used up rapidly. I'll bet that this will not happen. A whole lot of "managing" is going on.
I see good response to Citizenship slogan in this short time frame. THATS what we deserve guys after this much screwup.
Also understand there are so many many fully frustrated and screwed up by these delays unable to take it anymore and left the country. They are not typing here, but they took the shots. They too dont deserve this. Remember how thrilled we felt when we first got the Visa(whoever you are). If we all voice together for this, I am very sure it can work.
Lets push for a new rule 3+ years GC, 8+ years Citizenship. We shouldnt be paying for other's disservice. But lets hold on this till 5882 passes or fails.. In any case, we must be pushing for this.
Given that we have been tax paying, law abiding and patiently waiting through a bureaucratic system that has to date not approved 500K visas that they could have, we have a legitimate grouse to any fair minded person. We have contributed tremendously through our purchasing power and in many other ways to this economy.
As it stands however the system is mainly screwing EB India. Ideally they should start up a Country caps for H1b visas also. Only then will the foolishness of per country quotas for EMPLOYMENT BASED immigration be fully apparent. I see potentially another example of this "managed overflow" system at work here.
It seems likely on the Oct. VB that EB3 ROW would have been afforded a much more generous PD than EB2I. Based on the USCIS's assertion that henceforth spillover will be horizontal before vertical, the presumption can then be that EB3ROW would basically be limited to 28% of 140K, on that basis and recent retrogression for EB3ROW, those numbers should be used up rapidly. I'll bet that this will not happen. A whole lot of "managing" is going on.
I see good response to Citizenship slogan in this short time frame. THATS what we deserve guys after this much screwup.
Also understand there are so many many fully frustrated and screwed up by these delays unable to take it anymore and left the country. They are not typing here, but they took the shots. They too dont deserve this. Remember how thrilled we felt when we first got the Visa(whoever you are). If we all voice together for this, I am very sure it can work.
Lets push for a new rule 3+ years GC, 8+ years Citizenship. We shouldnt be paying for other's disservice. But lets hold on this till 5882 passes or fails.. In any case, we must be pushing for this.
In the worst case may be we can try to find out if filling 485 is hinderence, they can split the process of Filiing EAD and AP seperately from 485
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.
