EkAurAaya
10-10 05:37 PM
If my parents start now, they go to consulate for high emergency appointment tomorrow get stamp and Start tomorrow night, they will land just in time and I will bring them from the airport, once the get together is over, I will send them back. is that OK? so they will come :D:D:D:D:D
Sounds like a plan... pick up the phone and call them right away, you have committed to some serious dead lines over here :D
BTW Slate ( 54 W 21st St) is also a good place to hang out... they pool tables/ping pong good music too
Sounds like a plan... pick up the phone and call them right away, you have committed to some serious dead lines over here :D
BTW Slate ( 54 W 21st St) is also a good place to hang out... they pool tables/ping pong good music too
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valuablehurdle
09-06 11:26 AM
It was Hard-Hitting, Sanju !!!
Anyway, I feel there are bad apples......but not all take commissions.
Still, I am at a loss to understand the same company that pays $180 per hour to the American Consulting company will pay me only as much as $50/hr.
What would be their logic?
I would appreciate your replies...
Anyway, I feel there are bad apples......but not all take commissions.
Still, I am at a loss to understand the same company that pays $180 per hour to the American Consulting company will pay me only as much as $50/hr.
What would be their logic?
I would appreciate your replies...
21stIcon
02-21 09:46 AM
H1B-GC
Premium depends on your age,duration of policy(10/20/30) and place of living if you you do not have any health problems. unless you disclose your age , no one can help you on your rate comparison.
hoping you don't mind sharing your secret!():D
Thx
Premium depends on your age,duration of policy(10/20/30) and place of living if you you do not have any health problems. unless you disclose your age , no one can help you on your rate comparison.
hoping you don't mind sharing your secret!():D
Thx
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TheOmbudsman
07-21 01:03 PM
I agree.
I lived in Canada for a year. I also worked in my own country before coming to the US. At least in my experience and from talking to dozens of friends in Canada, my home country offers more potential for revenue than Canada. You will see it when you move there.
I will never forget when I landed in Canada in Toronto back in 1998, I met a girl at the airport and many at the Hostelling International who told me lots of stories on why I should go to the US instead. That particular girl was living in the US illegally.
I am sorry to tell you that leaving the US and going to Canada may not be a solid plan B.
Why don't you start a similar forum for "going back to
India" ? I hate to burst your "bubble of hope" but Canadian population and job market is limited and the opportunities for professionals like us are limited. Why not consider going back to India and taking up some of the lucrative opportunities in middle management in the IT industry.
The Indian economy is booming and the salaries are excellent. You just need to make some adjustments with quality of life (pollution, traffic). Atleast its better than going to Canada, living in limbo while looking for suitable jobs for a long-time, sometimes even doing odd jobs just to make ends meet. I hate our Indian mentality that "every place in the world is better than our own country". Give me a break guys.
My plan of action is very clear: Go back to India and live there happily. If there are other opportunities in US then come back.
Cheers.
I lived in Canada for a year. I also worked in my own country before coming to the US. At least in my experience and from talking to dozens of friends in Canada, my home country offers more potential for revenue than Canada. You will see it when you move there.
I will never forget when I landed in Canada in Toronto back in 1998, I met a girl at the airport and many at the Hostelling International who told me lots of stories on why I should go to the US instead. That particular girl was living in the US illegally.
I am sorry to tell you that leaving the US and going to Canada may not be a solid plan B.
Why don't you start a similar forum for "going back to
India" ? I hate to burst your "bubble of hope" but Canadian population and job market is limited and the opportunities for professionals like us are limited. Why not consider going back to India and taking up some of the lucrative opportunities in middle management in the IT industry.
The Indian economy is booming and the salaries are excellent. You just need to make some adjustments with quality of life (pollution, traffic). Atleast its better than going to Canada, living in limbo while looking for suitable jobs for a long-time, sometimes even doing odd jobs just to make ends meet. I hate our Indian mentality that "every place in the world is better than our own country". Give me a break guys.
My plan of action is very clear: Go back to India and live there happily. If there are other opportunities in US then come back.
Cheers.
more...
belmontboy
11-15 12:19 AM
When you "joined" them what was your situation? Were you previously on H1? When did you learn the fact that employer is not supposed to ask for money from the employees? If you knew these facts before you joined, and you joined them because of your situational needs, you may be considered a party to the fraud yourself. So if you did know about these situations beforehand, it is in your best interests to stick around till the contracted period and then decide on your next course of action.
Your recourse to the law will be only when you are without guilt, from most of my understanding of how "desi blood suckers" work, they are not the only one taking advantage of you. In most, if not all, cases, people joining them do so because of their weak situation.
let us not be moral police here.
Its illegal for an employer to charge for H1B. You cannot expect employee to know and enforce the law. Employers know its illegal to charge money and in this case his employer is in violation of law.
Your recourse to the law will be only when you are without guilt, from most of my understanding of how "desi blood suckers" work, they are not the only one taking advantage of you. In most, if not all, cases, people joining them do so because of their weak situation.
let us not be moral police here.
Its illegal for an employer to charge for H1B. You cannot expect employee to know and enforce the law. Employers know its illegal to charge money and in this case his employer is in violation of law.
Blog Feeds
10-09 12:30 PM
President Obama wins the Nobel Peace Prize. Solving seemingly intractable international problems is chief on the President's foreign policy agenda. Hopefully, solving the immigration problem will remain chief on his domestic agenda.
More... (http://blogs.ilw.com/gregsiskind/2009/10/congratulations-mr-president.html)
More... (http://blogs.ilw.com/gregsiskind/2009/10/congratulations-mr-president.html)
more...
admin
04-03 10:38 AM
On the one hand we are fighting hard to get amendments. On the other hand we're also fighting hard to make sure that our provisions are not taken out. Just to give you further details, Diane Feinstein was working hard to introduce an amendment that would remove the exemptions for Dependents and STEM. Just think how much of a blow that would have been if those exemptions were removed.
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enthu999
04-14 07:18 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. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. 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.
Given that you got your 140 approved and applied for 485 and it is more than 180 days, you are in relatively safe situation.
Rememeber GC is for future employment, as soon as the dust settles..you need to find a job!
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.
Given that you got your 140 approved and applied for 485 and it is more than 180 days, you are in relatively safe situation.
Rememeber GC is for future employment, as soon as the dust settles..you need to find a job!
more...
sanju
04-17 02:25 PM
Dear sgorla,
We will all miss you since you are leaving for India soon. It seems that you have figured it all out and know what India needs. Now the next step is, you need to go there to create "Transparent Government", "clean drinking water", "roads" AND "change attitudes", oh! Last one is a biggee. Changing attitudes starts with the person preaching it
Be the change you wish to see in the world ~ Mahatma Gandhi
If we cannot focus on the issues at hand but expect others will do it or IV core will pay from their pocket, then how is your assertion about changing attitudes different from your behavior. No offense meant, I am just trying to understand. Changing attitudes starts with each one of us, not just by talking or writing it for others to follow.
Now let’s get back to real problem at hand. What is the $ rate to Rs. today? I do not want to waste my time going to finance.yahoo.com. Let’s make Iv a one stop shop for all our needs.
Very well said, nozerd. Indians may keep dreaming about INR gaining value against USD. It might actually happen at some point of time, but without the proper infrastructure that it needs, its going nowhere in my opinion.
What India needs is
Transparent Government without any trace of corruption atleast in regular day-to-day life
Clean drinking water, un-interrupted power supply
Roads and neighborhoods without trash pile ups
Change of people's attitude that Govt should do everything for them, but without having to have pay taxes, fee etc.
We will all miss you since you are leaving for India soon. It seems that you have figured it all out and know what India needs. Now the next step is, you need to go there to create "Transparent Government", "clean drinking water", "roads" AND "change attitudes", oh! Last one is a biggee. Changing attitudes starts with the person preaching it
Be the change you wish to see in the world ~ Mahatma Gandhi
If we cannot focus on the issues at hand but expect others will do it or IV core will pay from their pocket, then how is your assertion about changing attitudes different from your behavior. No offense meant, I am just trying to understand. Changing attitudes starts with each one of us, not just by talking or writing it for others to follow.
Now let’s get back to real problem at hand. What is the $ rate to Rs. today? I do not want to waste my time going to finance.yahoo.com. Let’s make Iv a one stop shop for all our needs.
Very well said, nozerd. Indians may keep dreaming about INR gaining value against USD. It might actually happen at some point of time, but without the proper infrastructure that it needs, its going nowhere in my opinion.
What India needs is
Transparent Government without any trace of corruption atleast in regular day-to-day life
Clean drinking water, un-interrupted power supply
Roads and neighborhoods without trash pile ups
Change of people's attitude that Govt should do everything for them, but without having to have pay taxes, fee etc.
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pankaj_n
04-20 11:52 AM
uscis works in funny ways (as we all know). As I stated in earlier post one case in nebraska i know got rejected and they stated that the appeals decision wasn't precedent. The texas cases received rfe's but got approved based on the decision.
Just yesterday, I received 140 denial from texas where they didn't even discuss the decision and just picked on that bachelors was three year degree.
Same case was with me. They picked on my 3 year bachelor degree. Can i do appeal after 2 years ?
Just yesterday, I received 140 denial from texas where they didn't even discuss the decision and just picked on that bachelors was three year degree.
Same case was with me. They picked on my 3 year bachelor degree. Can i do appeal after 2 years ?
more...
jetflyer
07-02 10:24 AM
I support this for point #6, to me if USCIS + DOS worked slow and wasted 200K visas then we shouldn't be paying price for that. They need to make it up and correct their mistake. Its not that hard but we need to raise voice, if the culture of this country suggests that we should go Lawsuit route then we should follow that route.
I think USCIS is also looking at closing loop holes, and to avoid a lawsuit that USCIS is purposely delaying GC and milking thru EAD/AP renewals they have changed to one-time fee structure. So we should hurry before they bring some kinda memo to block recapture route too.
my 2 cents!
6. Lost EB visas for USCIS / DOS mis-handling.
I think USCIS is also looking at closing loop holes, and to avoid a lawsuit that USCIS is purposely delaying GC and milking thru EAD/AP renewals they have changed to one-time fee structure. So we should hurry before they bring some kinda memo to block recapture route too.
my 2 cents!
6. Lost EB visas for USCIS / DOS mis-handling.
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krishnam70
03-13 05:29 PM
let us start May 2009 predictions.
EB3-I 2003 October
Do you have any reason for just starting this thread? Anything you can do about the numbers moving by trying predict?
Instead please focus on the efforts by IV core and support it in anyway you can so that we send out an united message.
- cheers
kris
EB3-I 2003 October
Do you have any reason for just starting this thread? Anything you can do about the numbers moving by trying predict?
Instead please focus on the efforts by IV core and support it in anyway you can so that we send out an united message.
- cheers
kris
more...
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vamsi_poondla
02-16 10:20 AM
Assuming @gc28262 doesnt know this because of his personal experiences and exposure, do you guys think *all* consulting companies charge their employees money for the Visas? I know personally only those who doesnt charge. One of the consultants I know strives to differentiate himself from these. He provides benefits like in a large company.
One thing guys, if you know abuse and are silent because of any reason (could be you want your spouses/brother's H1Bs to go through or any reason), you are all guilty. So, dont try to be naive..
I dont want to tell anything about L1B because I dont know if there is anything illegal in anything companies are doing. First this is no slave labor. It is a free will employment. Just because somebody is ready to do some work for less, legally, you should not be worried too much. Instead of worrying about billing, try to upgrade yourselves to become better in skills, capabilities etc...your market value will automatically be upheld if not become more. Being an L1B myself, I dont see any single day I felt like I was abused or I am cheated by my company.
One thing guys, if you know abuse and are silent because of any reason (could be you want your spouses/brother's H1Bs to go through or any reason), you are all guilty. So, dont try to be naive..
I dont want to tell anything about L1B because I dont know if there is anything illegal in anything companies are doing. First this is no slave labor. It is a free will employment. Just because somebody is ready to do some work for less, legally, you should not be worried too much. Instead of worrying about billing, try to upgrade yourselves to become better in skills, capabilities etc...your market value will automatically be upheld if not become more. Being an L1B myself, I dont see any single day I felt like I was abused or I am cheated by my company.
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aadimanav
07-17 10:03 PM
Of course, My bad! They were the next 2 on my list, I have already printed out the letter and am filling it in right now! I have already sent letters to them in a previous campaign.
Thanks again for your due diligence!!
Let everyone know if and when you get any response.
Thanks,
Thanks again for your due diligence!!
Let everyone know if and when you get any response.
Thanks,
more...
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coolvigo
09-11 05:01 PM
Dont worry. In July we'll all be current again.
JULY ????
JULY ????
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Vsach
07-25 01:40 PM
Voting for?
more...
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H1b Guy
11-14 08:13 PM
Hello Guys,
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
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seekerofpeace
09-11 10:05 PM
Do you want to have similar polls on:
marrying
buying a car
having children...
There is something which is personal...buying a house is one such...opinion poll shouldn't decide that....GC or not if you feel like buy one...
We went thru the same decision 3 years back but not buying a house was one of the best decisions....the best way is to ask people who are selling houses....in the northeast it is a hell to sell houses.
My suggestion if you are a medico or a lawyer go ahead....but being attached to the tech sector is no safety net for buying a house....I have had friends with 300K take home file for bankruptcy in this economy after both members loose very lucrative jobs....just a statistic...by 2010 more than 50% households in the USA will owe more for mortgage than their houses net worth.....
Again it is an individualistic decision....go ahead if you feel confident...two things you must make sure you are in the house for at least 3 years....tax savings are no security...house tax and work on the house do add costs up....
+ House in USA is no longer an equity proposition but a liability...
SoP
marrying
buying a car
having children...
There is something which is personal...buying a house is one such...opinion poll shouldn't decide that....GC or not if you feel like buy one...
We went thru the same decision 3 years back but not buying a house was one of the best decisions....the best way is to ask people who are selling houses....in the northeast it is a hell to sell houses.
My suggestion if you are a medico or a lawyer go ahead....but being attached to the tech sector is no safety net for buying a house....I have had friends with 300K take home file for bankruptcy in this economy after both members loose very lucrative jobs....just a statistic...by 2010 more than 50% households in the USA will owe more for mortgage than their houses net worth.....
Again it is an individualistic decision....go ahead if you feel confident...two things you must make sure you are in the house for at least 3 years....tax savings are no security...house tax and work on the house do add costs up....
+ House in USA is no longer an equity proposition but a liability...
SoP
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mvinayam
07-23 10:33 AM
HI,
PD : March 2006
Category : EB3
I140 - Approved
I485 - Filied on July 2 10.25pm
Regds
Mv
PD : March 2006
Category : EB3
I140 - Approved
I485 - Filied on July 2 10.25pm
Regds
Mv
makemygc
07-06 10:20 AM
Hey guys,
I have a question to all of you...
AILA prepares the lawsuit and some (probably most) of the lawyers are supporting that.
For several days I keep hearing that WHEN you file (in July) is not important and I am wondering how that could be true...
I understand that the people who filed on July 2nd are beneficiaries of this but in my mind, everybody who files after falls under a different category because technically they would file after the revised bulletin was announced therefore have no argument. I understand that everybody else prepared (legal fees, medical exam and so on) and they are affected even if they didn't file but I am wondering how that can be justification enough after the dates (retrogression) were announced.
I am trying to understand why they say that it does not matter when you file. They need more people to back this up or is just so they can justify billing you for their work...
Is just scary, how many people play with our hopes and I need to understand if this is just to serve somebody's interests or it is what it is .
Please post your 2 cents ...
Thanks !
AILA has expanded the definition of the plaintiff to cover all the july filings but it does not mean that you will be beneficiary if you have just filed in July. You either have to be a plaintiff or member of the class action (if judge allows). That also does not guarantee that you will get the benefit if lawsuit is won. As per AILF, only limited number of visa will be made available upon winning the lawsuit and that will cover only people who filed early in July. All depends upon number of visa made available, number of applications filed and out of those how many are part of class action lawsuit.
See this excerpts from immigration-law:-
The AILF is currently developing a lawsuit against the USCIS and the DOS. As reported earlier, apparently the AILF has been successful in finding the potential plaintiffs for the lawsuit. The plaintiffs will automatically become members of the class in the class action who will get the relief if they win in the lawsuit. The details of the relief this lawsuit is pursuing are articulated in the AILF's Visa Bulletin Lawsuit FAQ. For the summary, please click here.
The lawsuit team lawyers are still developing the strategies and details of the members of the class this lawsuit will cover who are not members of the plaintiffs. As they move along, the details can be changed, but according to the FAQ, membership of the class would require filing of EB I-485 applications in July 2007. Accordingly, those who fail to file EB I-485 applications are likely not included in the membership and will not be able to receive the fruits of the litigation, once the class wins in the litigation. Relevant to the issue of when the EB I-485 should be filed to receive the benefit as a class member is the number of July visa numbers which will be made available to the members of the winning class of the lawsuit. Obviously, the visa numbers will be limited in numbers. The members of the class will have to compete each other for the numbers. According to the FAQ, the number will be taken under the principle First In First Out bases. Accordingly, the earlier his/her EB I-485 is filed, the better the chance of getting the number before they are exhausted. It appears that those who fail to get the numbers are likely to be left out of any benefits of the litigation.
It thus appears that some people may want to file the EB I-485 applications with the full knowledge that the applications will be rejected and returned by the USCIS, just to become a member of the class of this lawsuit. Consdering the fact that some visa numbers may become available in October 2007 for certain people, they may be less desperate and eager in seeking membership of the class of the lawsuite. While, the nationals of ovesubscribed countries such as India, China, Mexico, and Philippines will need the fruits of this litigation much more desperately than the people from other countries. Additionally, EB-3 people may have such need more than EB-1 or EB-2 since when new visa numbers become available in October, the EB-3 numbers are likely more oversubscribed than EB-1 and EB-2. Lastly, the lower the priority date is, the more they will need the fruit of the litigation as the higher priority date applicants will have a better chance to get their priority date becoming current in October or soon thereafter. These variants should give a guide to the people to determine whether or not they should file EB I-485 applications to become a member of the class.
However, these factors alone should not be considered absolute determinants in deciding whether they should file the EB I-485 applications in July. The FAQ indicates that the downside of becoming a member of the class by filing EB I-485 applications in July is potential extensive and in-depth scrutiny of the cases by the USCIS to weed out the applicants on the ground of ineligibility of I-485 applications. Accordingly, people with some potential issues of whatever nature may be considered poor candidates for the membership of the class. The straight forward case should be considerred a better candidate for filing EB I-485 applications in July, while those with some potential wrinkes in the case may stay away from filing the application in July.
For the foregoing reasons, people should seek assessment of one's case by legal counsel for appropriateness of filing EB I-485 now and becoming a potential member of the class of the lawsuit. It is absolutely no and no to jump into filing the applications without the appropriate legal counsel.
I have a question to all of you...
AILA prepares the lawsuit and some (probably most) of the lawyers are supporting that.
For several days I keep hearing that WHEN you file (in July) is not important and I am wondering how that could be true...
I understand that the people who filed on July 2nd are beneficiaries of this but in my mind, everybody who files after falls under a different category because technically they would file after the revised bulletin was announced therefore have no argument. I understand that everybody else prepared (legal fees, medical exam and so on) and they are affected even if they didn't file but I am wondering how that can be justification enough after the dates (retrogression) were announced.
I am trying to understand why they say that it does not matter when you file. They need more people to back this up or is just so they can justify billing you for their work...
Is just scary, how many people play with our hopes and I need to understand if this is just to serve somebody's interests or it is what it is .
Please post your 2 cents ...
Thanks !
AILA has expanded the definition of the plaintiff to cover all the july filings but it does not mean that you will be beneficiary if you have just filed in July. You either have to be a plaintiff or member of the class action (if judge allows). That also does not guarantee that you will get the benefit if lawsuit is won. As per AILF, only limited number of visa will be made available upon winning the lawsuit and that will cover only people who filed early in July. All depends upon number of visa made available, number of applications filed and out of those how many are part of class action lawsuit.
See this excerpts from immigration-law:-
The AILF is currently developing a lawsuit against the USCIS and the DOS. As reported earlier, apparently the AILF has been successful in finding the potential plaintiffs for the lawsuit. The plaintiffs will automatically become members of the class in the class action who will get the relief if they win in the lawsuit. The details of the relief this lawsuit is pursuing are articulated in the AILF's Visa Bulletin Lawsuit FAQ. For the summary, please click here.
The lawsuit team lawyers are still developing the strategies and details of the members of the class this lawsuit will cover who are not members of the plaintiffs. As they move along, the details can be changed, but according to the FAQ, membership of the class would require filing of EB I-485 applications in July 2007. Accordingly, those who fail to file EB I-485 applications are likely not included in the membership and will not be able to receive the fruits of the litigation, once the class wins in the litigation. Relevant to the issue of when the EB I-485 should be filed to receive the benefit as a class member is the number of July visa numbers which will be made available to the members of the winning class of the lawsuit. Obviously, the visa numbers will be limited in numbers. The members of the class will have to compete each other for the numbers. According to the FAQ, the number will be taken under the principle First In First Out bases. Accordingly, the earlier his/her EB I-485 is filed, the better the chance of getting the number before they are exhausted. It appears that those who fail to get the numbers are likely to be left out of any benefits of the litigation.
It thus appears that some people may want to file the EB I-485 applications with the full knowledge that the applications will be rejected and returned by the USCIS, just to become a member of the class of this lawsuit. Consdering the fact that some visa numbers may become available in October 2007 for certain people, they may be less desperate and eager in seeking membership of the class of the lawsuite. While, the nationals of ovesubscribed countries such as India, China, Mexico, and Philippines will need the fruits of this litigation much more desperately than the people from other countries. Additionally, EB-3 people may have such need more than EB-1 or EB-2 since when new visa numbers become available in October, the EB-3 numbers are likely more oversubscribed than EB-1 and EB-2. Lastly, the lower the priority date is, the more they will need the fruit of the litigation as the higher priority date applicants will have a better chance to get their priority date becoming current in October or soon thereafter. These variants should give a guide to the people to determine whether or not they should file EB I-485 applications to become a member of the class.
However, these factors alone should not be considered absolute determinants in deciding whether they should file the EB I-485 applications in July. The FAQ indicates that the downside of becoming a member of the class by filing EB I-485 applications in July is potential extensive and in-depth scrutiny of the cases by the USCIS to weed out the applicants on the ground of ineligibility of I-485 applications. Accordingly, people with some potential issues of whatever nature may be considered poor candidates for the membership of the class. The straight forward case should be considerred a better candidate for filing EB I-485 applications in July, while those with some potential wrinkes in the case may stay away from filing the application in July.
For the foregoing reasons, people should seek assessment of one's case by legal counsel for appropriateness of filing EB I-485 now and becoming a potential member of the class of the lawsuit. It is absolutely no and no to jump into filing the applications without the appropriate legal counsel.
krishmunn
04-20 02:24 PM
My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
The 3 year experience = 1 year education towards degree is used for H1 NOT for GC. It has never been for GC.
For EB3 GC, there is a classification for skilled workers which do not require a degree.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
The 3 year experience = 1 year education towards degree is used for H1 NOT for GC. It has never been for GC.
For EB3 GC, there is a classification for skilled workers which do not require a degree.
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