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  • Has anybody filed lawsuit against uscis for EAD delays till now ? And what is the process for this, do we need a lawyer ?

    You do not need a lawyer, I can guide you thru the process :) Yes, I know a few cases where plaintiff requested court to force the USCIS to issue EAD. Some people were waiting more than a year! Those cases were usually bundled with I-485 WoM. One case is well-known class action lawsuit Ngwanyia v.Ashcroft, No.02-CV-502 (D.Minn.). Government promised to issue EAD within 100 days for the class.
    However I think you better of waiting 90 days from the receipt date and then requesting EAD on infopass. Lawsuit is not a speedy process, the government has 60 days to respond to your complaint and that's not the end of it.

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  • I think IV should post ads in all major newspapers. This will be good publicity.

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  • Dear ALL,

    As USCIS is swarmed with applications any idea how long do you think it will take, as we know this not a normal situation.

    Inputs appreciated.


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  • actually, lets make another category 3.c. people who have shifted jobs after ead using AC21 and now want to or already have started a company for side business (that may be in the labor/perm cert job description or outside)...

    So, I am 3.c. and so is perhaps matreen... after digesting my conversation with the lawyer for two three days now, i am feeling that it might be worth taking the risk of doing a side business. after all, we are not doing anything that is uncivil or criminal... just trying to boost our incomes and perhaps contribute to an industry or something like that... that noble intention could be viewed as an exclusive intention in relation to the intention to continue permanent employment with the new GC sponsoring employer... what do you guys think?

    If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.

    In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.

    Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.

    PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.

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  • ***Sigh*** There goes my plan of traveling this winter. :mad: :mad: Even if I file for AP this month, i don't think i will get it before an year. What is the damn use of this AP when you can't travel for one year:mad: :mad:

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  • You have to remember that Schedule A is a one time 50K cap. DOS mentioned that the category will be eliminated from VB soon. They expect to hit the 50K cap by the end of this month and thats why they will not accept any more new applications from then. So who ever were able to sneak in under that category, will get their GC. There will not be a Schedule A category unless congress approves again.

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  • Publicity stunt before the elections ?

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  • Yes, you are right. Cases are assigned (not picked), which is done in order they were physically received at the center they are being assigned at. If PD is not current, case is put aside and next file is considered. Due to huge filings in July'07, resultant chaos, and shuffling cases around between centers before entering them in the system, if your file is way below in line (eventhough you deligently made sure to have it with USCIS on July 2, AND your PD is current), no one is going to look at your file, until your turn (in order of final data entry) reaches.

    If I recall correctly, I saw many posts about people called to ask about their 485 case status. And many got response as NC is cleared, waiting to be assigned to a IO and/or waiting for visa number.
    That is why I think when you are current, you are then have a chance to be assigned to an IO, and then be able to get a visa number. I don't think cases have been assigned to IO when CIS receive your I-485 form. And if you look at 's data, many of old PD have been approved, even if their RD is 2008. So I think RD only plays a rule as control how many people can do SR. It is not matter about they will process your case if you are within processing time at all. When your PD is current, you have a chance.

    On Ron's website, he talks about this move in Feb. He thinks there's not enough cases processed(not meet VO's goal) for EB2 China and India, that is why dates move forward. For EB-3, CIS meets VO's goal for the month so VO doesn't advance the date.

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  • I heard that H1B can not Life insurance. is it ture. if so whats the option.

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  • Anything for EB relief ? I dont see a content in the bill language.

    Nurses are part of EB. This nill has many benefits. More nurses will be out of greencard queue leaving others more chance. US has acute nurses shortage. It is well documented. There is not much shortage of IT professionals . Unemployment is so high. But nurses are in demand and it is important for the healthcare of the nation. Supporting the bill is a win win for everyone in EB wait.

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  • Ok , it may not be right thread to discuss everything here... but
    What I am saying is, instead of spending N years waiting for GC, I guess we lead better life elsewhere!
    Where else, in our home country... but that reminds me of descremenation again!!
    So I thought of place which is not in high demand yet... africa...!

    I always believe in making things happen, in stead of waiting for someone doing it for me!!

    Dude, you need to be street smart to succeed anywhere. You brag about being from upper middle class but what has that given you here?.. Don't bring up the topic of reservation again, but concentrate on immigration issues.

    People here are waiting for years. your's is a recent case, I think it is better for you to start packing. If you are down south, I personally will come to see you off...

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  • IV core,
    Keep up the good work. We have seen a lot of people asking for "action","results" and "transparency" in the past without doing really anything for it .:-)

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  • Justaju jiski thi, usko to na paya humne..
    Is bahane magar dekh li duniya humne.

    (Song from Umrao Jaan)

    After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)

    Roughly it translates to;

    Justaju jiski thi, usko to na paya humne..
    The person/object whom I was desiring to get it, not achieved it,

    Is bahane magar dekh li duniya humne.
    Due to this desire, atleast I have seen the world in its true colors

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  • hopein07,
    What is your understating on money return on whole life ins. plocy?. do you think you can cancel at anytime and get back your premium or withdraw portion of your investment?

    Does anything mentioned on your link about policy surrender or money withdrawal when policy is in force? please search more and post here....

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  • Your good fight on the retrogression issue kind of kept us going without giving up. In just a few days what some of you have done with is amazing and it truly deserves a lot better than the faint response they have got so far from all of us in this legal black hole. Honestly, I do not care if we are not able to raise 100K dollars for the lobbying efforts for the next immigration bill on February. I don not care if this money is finally lost. It will be money well spent if we all realize that we have to do something instead of waiting years and years and years� Any money is worth the effort regarding our goals, even if our present intention does not succeed. Is worth it!!. Lets move on, hoping for the best� It is worth to try this next immigration bill. Any money spent on this is worth it� Can not you guys see it? More and more years on this black hole!! More years paying our lawyers for H1B renewal, more years for renewal of our driving licenses, more years for our wives to wait, more years for our employers exploiting us� This next immigration bill could be our last chance in many years to get our unfair and sad situation known and probably solved. We would at least raise enough concern about the absurd situation of the legal immigrants� It could be a new Quixote tale, I do not care� A good part of my next paycheck will go to immigrationvoice� Whatever� Keep America growing� America is not just them�. It is all of us� It has always been� It is what America is made of�
    Keep it up�

    Still on dreaming...

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  • Let me take a stab at it:

    EB2 I - June 2006, EB2 C - Dec 2006
    EB3 I/C - Dec 2003

    I'm guessing with fewer jobs available for next year, there will be a huge leap - EB2 may move to 2006 and EB3 to 2003...this is just a guess, an attempt to speak things into existence :)

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  • easy my friend...easy,....breathe.

    yes, retrogression will remain the same for indians and chinese.....its already pretty bad for the indians. retrogression will hit ROW harder as they are current right now....atleast for EB2. let feb or march 2008 roll around then its going to get worse.

    you dont have to get upset....just sit tight and watch the drama unfold.

    otherwise you're welcome to fool yourself.

    And, would you mind explaining why would ROW get affected? If they were current all along, all the ROW candidates must have already filed, even before july fiasco, right? So, just exactly how do they get affected?

    Sorry for the outburst, but I sometimes get tired of people just throwing out speculations :eek: as if they are stating facts. So, back up your statement with logic.

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  • ..'til one of you becomes the Citizen of another country.

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  • interesting idea...
    but somehow, the idea of the brains going down a drain is... eeks... I wish this was called "reverse intellectual migration" or something to that effect...

    I applied and waiting to hear from USCIS. I shall post when I hear from them. :)

    Did you get any response from USCIS? Is it worth trying?

    Guys, I know what a deshi company can can do to you for only 200$ or 300$. I am the burning example. I don't see how to open a thread and I found this thread is some what relevant. Please check this and put your valuable comments/experience/suggestions.

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