Nrc2008063641
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I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!
Don't you think we should be more clear in requesting information per specific country instead of lumping China and India together for EB-2 and others for EB-3? Also will it be too much to request pending applications by month/quarter instead of year?
We probably want the report in this format? This is just a suggestion.
|[indent]|EB2 - China |EB-2 India |EB-3 China |EB-3 India |EB-3 Mexico |EB-3 Phillipines |EB-3 Rest|
2001-Q1
2001-Q2
2001-Q3
2001-Q4
2002-Q1
2002-Q2
2002-Q3
2002-Q4
2003-Q1
2003-Q2
2003-Q3
2003-Q4
2004-Q1
2004-Q2
2004-Q3
2004-Q4
2005-Q1
2005-Q2
2005-Q3
2005-Q4
2006-Q1
2006-Q2
2006-Q3
2006-Q4
2007-Q1
2007-Q2
2007-Q3
2007-Q4
2008-Q1
2008-Q2
2008-Q3
2008-Q4
We probably want the report in this format? This is just a suggestion.
|[indent]|EB2 - China |EB-2 India |EB-3 China |EB-3 India |EB-3 Mexico |EB-3 Phillipines |EB-3 Rest|
2001-Q1
2001-Q2
2001-Q3
2001-Q4
2002-Q1
2002-Q2
2002-Q3
2002-Q4
2003-Q1
2003-Q2
2003-Q3
2003-Q4
2004-Q1
2004-Q2
2004-Q3
2004-Q4
2005-Q1
2005-Q2
2005-Q3
2005-Q4
2006-Q1
2006-Q2
2006-Q3
2006-Q4
2007-Q1
2007-Q2
2007-Q3
2007-Q4
2008-Q1
2008-Q2
2008-Q3
2008-Q4
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FOR IMMEDIATE RELEASE
Azulay Horn & Seiden, LLC Files Class Action Law Suit against the US Government for Refusing to Accept Green Card Applications
Chicago (July 9, 2007) � In the shadow of the debate about comprehensive immigration reform tens of thousands of skilled employment based immigrants awaiting their opportunity to legally apply for green cards have been unfairly denied the opportunity due to potential deliberate miscommunication � and an attempt to collect higher filing fees � from the U.S. Department of State and the and U.S. Citizenship and Immigration Services (USCIS), the agency that processes visa and citizenship requests.
On June 12, the State Department announced in its monthly Visa Bulletin that beginning July 2 and for at least the entire month of July, all skilled workers seeking employer-sponsored green cards would be eligible to apply. However, on July 2, the State Department announced that they were breaking with 30 years of tradition and issued an update claiming that no more green cards were available because �the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month.� USCIS followed and said that as a result they were going to reject the green card applications of anyone who applied relying on the July Bulletin. This meant that the thousands of immigrants who followed the government�s instructions and obtained the correct paperwork actually had no chance to receive a green card.
In response, Azulay Horn & Seiden, LLC, the largest immigration law firm based in Chicago and fourth largest in the United States, on Friday July 6, filed a class-action law suit on behalf of its clients and all those like them, against Secretary of State Condoleezza Rice, the Department of State, Secretary of Homeland Security Michael Chertoff, the Department of Homeland Security, and USCIS, and Emilio Gonzalez, and F. Gerard Heinauer of USCIS for announcing that they would refuse to accept the green card applications on behalf of the skilled workers. The suit seeks a ruling that would keep applications filed in accordance with the original July Visa Bulletin from being rejected.
Azulay Horn & Seiden is the first firm to act proactively and file a complaint. �These are legal immigrants who have followed all the rules,� explained Ira Azulay, CEO of the firm. �They are productive members of our society and deserve to be treated fairly by our federal government. The State Department and USCIS acted against their own rules and 30 years of historical practice when they updated the Visa Bulletin and reneged on their historical obligations. They need to be held accountable for their actions and do right by these people. Acting any other way sends the horrible message that following the rules is worthless.�
The representative plaintiff in the case is Chicagoan Gabriela Ptasinska, a native of Poland who is lawfully present in the United States on a non-immigrant visa, working as a land planner with Manhard Consulting, Ltd. Given the Bulletin, Ptasinska and thousands of legal immigrants across the country worked to obtain the necessary documentation for their chance to receive a green card only to have it snatched away on July.
�I am a law-abiding, hardworking member of American society and have worked relentlessly to lawfully become a permanent resident of America,� said Ptasinska. �Now I feel like the rug has been pulled out from under me. I held-up my end of the bargain by doing everything the government told me to do, but USCIS did not keep their word.�
Mr. Azulay is available to discuss with the media the class-action suit and the impact of the government�s recent actions. A copy of the complaint in the matter of Gabriela Ptasinska, on behalf of herself and all others similarly situated v. U.S. Dept. of State, Condoleeza Rice, U.S. Dept. of Homeland Security, Michael Chertoff, U.S. Citizenship and Immigration Services, Emilio Gonzalez, and F. Gerard Heinauer, Case No. 07 C 3795, can be downloaded from Azulay, Horn & Seiden�s website at www.ahslaw.com. People interested in joining the class can also visit the website to provide their information.
Azulay, Horn & Seiden, LLC (www.ahslaw.com) is Chicago�s largest immigration law firm and the fourth largest immigration firm in the country. AHS provides comprehensive US immigration legal services for businesses and individuals (including visa petitions, green card services, consular assistance, naturalization proceedings, immigration representation in all U.S. Courts, and appellate work), immigration consulting to businesses, as well as immigration related legal services (e.g. family law, criminal law). Its main office is located at 205 N. Michigan Ave., 40th Floor, Chicago, IL 60601, with other offices in Florida, Wisconsin, and Manila, Philippines. For more information contact them at 312.832.9200 or by email at info@ahslaw.com.
Azulay Horn & Seiden, LLC Files Class Action Law Suit against the US Government for Refusing to Accept Green Card Applications
Chicago (July 9, 2007) � In the shadow of the debate about comprehensive immigration reform tens of thousands of skilled employment based immigrants awaiting their opportunity to legally apply for green cards have been unfairly denied the opportunity due to potential deliberate miscommunication � and an attempt to collect higher filing fees � from the U.S. Department of State and the and U.S. Citizenship and Immigration Services (USCIS), the agency that processes visa and citizenship requests.
On June 12, the State Department announced in its monthly Visa Bulletin that beginning July 2 and for at least the entire month of July, all skilled workers seeking employer-sponsored green cards would be eligible to apply. However, on July 2, the State Department announced that they were breaking with 30 years of tradition and issued an update claiming that no more green cards were available because �the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month.� USCIS followed and said that as a result they were going to reject the green card applications of anyone who applied relying on the July Bulletin. This meant that the thousands of immigrants who followed the government�s instructions and obtained the correct paperwork actually had no chance to receive a green card.
In response, Azulay Horn & Seiden, LLC, the largest immigration law firm based in Chicago and fourth largest in the United States, on Friday July 6, filed a class-action law suit on behalf of its clients and all those like them, against Secretary of State Condoleezza Rice, the Department of State, Secretary of Homeland Security Michael Chertoff, the Department of Homeland Security, and USCIS, and Emilio Gonzalez, and F. Gerard Heinauer of USCIS for announcing that they would refuse to accept the green card applications on behalf of the skilled workers. The suit seeks a ruling that would keep applications filed in accordance with the original July Visa Bulletin from being rejected.
Azulay Horn & Seiden is the first firm to act proactively and file a complaint. �These are legal immigrants who have followed all the rules,� explained Ira Azulay, CEO of the firm. �They are productive members of our society and deserve to be treated fairly by our federal government. The State Department and USCIS acted against their own rules and 30 years of historical practice when they updated the Visa Bulletin and reneged on their historical obligations. They need to be held accountable for their actions and do right by these people. Acting any other way sends the horrible message that following the rules is worthless.�
The representative plaintiff in the case is Chicagoan Gabriela Ptasinska, a native of Poland who is lawfully present in the United States on a non-immigrant visa, working as a land planner with Manhard Consulting, Ltd. Given the Bulletin, Ptasinska and thousands of legal immigrants across the country worked to obtain the necessary documentation for their chance to receive a green card only to have it snatched away on July.
�I am a law-abiding, hardworking member of American society and have worked relentlessly to lawfully become a permanent resident of America,� said Ptasinska. �Now I feel like the rug has been pulled out from under me. I held-up my end of the bargain by doing everything the government told me to do, but USCIS did not keep their word.�
Mr. Azulay is available to discuss with the media the class-action suit and the impact of the government�s recent actions. A copy of the complaint in the matter of Gabriela Ptasinska, on behalf of herself and all others similarly situated v. U.S. Dept. of State, Condoleeza Rice, U.S. Dept. of Homeland Security, Michael Chertoff, U.S. Citizenship and Immigration Services, Emilio Gonzalez, and F. Gerard Heinauer, Case No. 07 C 3795, can be downloaded from Azulay, Horn & Seiden�s website at www.ahslaw.com. People interested in joining the class can also visit the website to provide their information.
Azulay, Horn & Seiden, LLC (www.ahslaw.com) is Chicago�s largest immigration law firm and the fourth largest immigration firm in the country. AHS provides comprehensive US immigration legal services for businesses and individuals (including visa petitions, green card services, consular assistance, naturalization proceedings, immigration representation in all U.S. Courts, and appellate work), immigration consulting to businesses, as well as immigration related legal services (e.g. family law, criminal law). Its main office is located at 205 N. Michigan Ave., 40th Floor, Chicago, IL 60601, with other offices in Florida, Wisconsin, and Manila, Philippines. For more information contact them at 312.832.9200 or by email at info@ahslaw.com.
Sent to IL lawmakers.
Forwarded to a few friends.
Forwarded to a few friends.
This was a great effort by a few members and we were able to see a rise in membership and will see better search engine rankings due to this effort. Each and every small effort is important for our success and such efforts will not go unnoticed. Thank you to everyone especially the ones that were driving this thread.
We need more members to drive this further and get IV's message to more people.
Anyone willing?
We need more members to drive this further and get IV's message to more people.
Anyone willing?
I found another link. Not sure if its the right one ?
http://www.c-span.org/Watch/C-SPAN_wm.aspx
Yes this one is working for me...but iam also not sure its the right one or not.
http://www.c-span.org/Watch/C-SPAN_wm.aspx
Yes this one is working for me...but iam also not sure its the right one or not.
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USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
Reply I received:
Thank you for contacting my offices. Your correspondence has been received, and we will respond to you as quickly as possible. A copy of your message is attached below for your records.
If you need immediate assistance regarding an urgent problem you are experiencing with the federal government, visit the "Help With Federal Agencies" section of the website for details on how to proceed so that your difficulties are brought to my attention as soon as possible.
If you are seeking information or services from my offices that are NOT related to my Legislative duties, please visit my "Services For Texans" section for more information.
Warmest Regards,
U.S. Senator John Cornyn
Thank you for contacting my offices. Your correspondence has been received, and we will respond to you as quickly as possible. A copy of your message is attached below for your records.
If you need immediate assistance regarding an urgent problem you are experiencing with the federal government, visit the "Help With Federal Agencies" section of the website for details on how to proceed so that your difficulties are brought to my attention as soon as possible.
If you are seeking information or services from my offices that are NOT related to my Legislative duties, please visit my "Services For Texans" section for more information.
Warmest Regards,
U.S. Senator John Cornyn
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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.
My PD is Oct 2003
Waiting for 485 approval. FP done. Have EAD.
Waiting for 485 approval. FP done. Have EAD.
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Some forums block out URL and I figured it is anyway easy for guys to search for the website using the keywords.
>>Always post URL!
Will do in this site....
Sanjay.
>>Always post URL!
Will do in this site....
Sanjay.
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Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Did you apply 140/485 to NSC or TSC? Did your lawyer know about this?
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Did you apply 140/485 to NSC or TSC? Did your lawyer know about this?
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EVERYONE, we're meeting in DC next Tuesday!!! You can STILL MAKE IT!!! WE NEED YOU THERE!!!!
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This is not new but only Lawyers and the employers who filed your GC knows what position and job duties on which they applied your GC.
Position and job duties on which they applied your GC = whatever they said in your PERM/ labor cert application. If they make a change to that during the I-140 or I-485 stage, that itself will lead to RFE, if not to rejection! Some of us may not have the copy of the labor cert/PERM approval, but if so, one should try to look for the form that you (hopefully) reviewed during the first stage. For PERM this is ETA form 9089.
Position and job duties on which they applied your GC = whatever they said in your PERM/ labor cert application. If they make a change to that during the I-140 or I-485 stage, that itself will lead to RFE, if not to rejection! Some of us may not have the copy of the labor cert/PERM approval, but if so, one should try to look for the form that you (hopefully) reviewed during the first stage. For PERM this is ETA form 9089.
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"THEY CAME FIRST for the Communists,
and I didn't speak up because I wasn't a Communist.
THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.
THEN THEY CAME for me
and by that time no one was left to speak up."
http://en.wikipedia.org/wiki/First_they_came...
and I didn't speak up because I wasn't a Communist.
THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.
THEN THEY CAME for me
and by that time no one was left to speak up."
http://en.wikipedia.org/wiki/First_they_came...
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IF DOS does not make EB2 I C and EB3 ROW current before Jul 2011.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
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I don't think any July 2 cases are rejected,
They are still processing June end filers and would not have reached July 2nd cases even today, My understanding is that even in case of rejection, they enter the name in the system for tracking purposes.
Also when i called them on July 3rd they said all application received from July 2nd are on hold.
So don't worry guys!! :)
my 2 cents
They are still processing June end filers and would not have reached July 2nd cases even today, My understanding is that even in case of rejection, they enter the name in the system for tracking purposes.
Also when i called them on July 3rd they said all application received from July 2nd are on hold.
So don't worry guys!! :)
my 2 cents
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Looks like lots of >5 years people here. :D
It is my feeling that "Illegals>5 years" should not be preferred over "legals<5 years". I also think that this bill makes things tough for<5 years except temporarily reducing backlog(that too is a big 'maybe') . I am not arguing. You do what you do and I do what I do. I dont know what IV will do.
Thanks and good luck.
It is my feeling that "Illegals>5 years" should not be preferred over "legals<5 years". I also think that this bill makes things tough for<5 years except temporarily reducing backlog(that too is a big 'maybe') . I am not arguing. You do what you do and I do what I do. I dont know what IV will do.
Thanks and good luck.
My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.
Can you please explain the above ....
I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.
None of the explaination says this explicitly , does any one know something more in detail ..
Thanks for all the help
-j
Can you please explain the above ....
I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.
None of the explaination says this explicitly , does any one know something more in detail ..
Thanks for all the help
-j
I just contributed my first $100.00. Go IV!
