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If the dates move again, that would be fine but who knows what USCIS is thinking. Regarding medicals, I am not sure if this is true or not. I would just take it as a rumor for now. Gosh, this USCIS guys are so sadistic.Quote:
Originally Posted by EB2IndSep09
I don't know when EB2I and EB2I folks will wake up. Moving the acceptance date back to July 2009 amounts to little for most people since the dates have already been there (almost) and so very few people will be in a position to not have filed 485. This is clearly a move to keep people after these dates from filing. As I said - the whole idea of acceptance date is arbitrary and lacks any real logic. If there is logic - we haven't been told.
It doesn't need a great forecaster to see that EB2 I is going to move at 3-5K visas a year and EB3 will be more or less similar - barring a miracle. So you can either sit back and take it on the chin ... or go ahead and seek justice against this discrimination based on country of birth.
I will email Greg tonight. As I have mentioned in one of my previous posts, fortunately I am right now in a situation where I am not desperate for a GC or EAD (it would be nice to have one though). But my lawyer advised me to finish medicals. My wife's quantiferon gold came back positive and we had to do a CXR on her with her being 16 weeks pregnant. I know that one CXR with shield on is not going to do any harm to the baby but just to make that now-uselss-exercise of getting a CXR on my pregnant wife worth, I will email him.Quote:
Originally Posted by tatikonda
One of my friend's wife took MMR vaccine and she was trying to get pregnant. Now, she can't get pregnant for 4 weeks to 3 months at least. Their dates are in early May, 2010 and they had a small hope that the dates may move forward.
I think everyone affected by this should email Greg and be a plaintiff.
Agree Q. I would not see this as a challenge. I would actually see this as an opportunity to do something for EB2I community and everyone who is affected by this should think the same way. USCIS may be goofing up many times but this is a big goof up and we should not let this opportunity go to extract our pound of flesh (or what was promised to us). In worst case scenario, we will loose the case but at least with the satisfaction that we challenged the injustice.Quote:
Originally Posted by qesehmk
First and foremost, I truly feel for those affected by the decision to publish a revised October VB.
Having made a decision, it should have been honoured, irrespective of whether some of the dates were not really justified.
In the context of the filing dates supposedly representing the dates that might be reached in 8-12 months, there should be no great surprise at which dates were revised and which were not. The revised dates are actually a better representation in that respect I'm sad to observe.
I am still left a little puzzled by the decision. I'm sure that both DOS and USCIS (who seem to be the instigator) institutional memories are still fully aware of what happened in July 2007 and therefore what was likely to happen if a revised October VB was published. In many ways, it was far easier to let the October VB stand and pull the dates back in November.
Despite that, the decision was made to publish a revised October VB, in the full knowledge of the firestorm it was likely to unleash.
I can't help thinking there is a back story we are not fully aware of - something that USCIS felt was compelling enough to unleash both the fury of the community and the threat (and execution if necessary) of lawsuits challenging the decision.
I certainly think that the only fair outcome is the restoration of the original filing dates for the October VB.
The VB always made it clear that under normal circumstances, an I-485 could only be filed based on the final action cut off dates and that the ability to file an I-485 in October was a special case (not necessarily limited to October) "when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas". The filing dates for I-485 were never going to be a permanent feature seen every month of the FY.
I do agree with other posters, that if the dates are restored, it will likely be a long time before filing dates for the affected categories are seen again - possibly years in some cases.
Let's hope the correct decision will prevail.
https://petitions.whitehouse.gov//pe...nd-mental-loss
Also if there are duplicate petitions out there please point them.
With all due respect to you, petitions are not going to take us anywhere. How many petitions have created any significant impact for legal immigration so far? I can't recall a single one. So while I am all for signing the petition, I don't think it will take us anywhere.Quote:
Originally Posted by eb2ODer
In this particular case, we have very short time on our hands. If we have to do something, we have to do it quickly and by signing the petition, we will be left at the mercy of the WH staff to act upon it. If a lawsuit is going to be filed against USCIS, it has to be swift. In this scenario, you can make yourself heard in only 2 ways, a) If you have a very high level contact in administration as certain organization claims (no names here) who will listen to the problem and can create pressure on USCIS to correct it and b) File a lawsuit in the court of law with the help of a reputed immigration lawyer (someone like Greg Siskind or Ron Gotcher) against USCIS on this issue.
Option A is good but again you are relying on an organization to talk to their high level contact in hope that the contact will in turn create pressure on the erring institution to bring some relief. But this can take long time depending on what that high level contact does and the process would be opaque.
Option B is transparent and quick. Find a good lawyer, put together a case, get some stories, make a list of plaintiffs and file a case. Even in this case, results can take time but at least the process would be in public eye and won't be opaque.
In my opinion, we should try all the routes. Try option A and B at the same time. Obviously, there is no harm in signing the petition so I will do that also. But I doubt it will take us anywhere.
Again, nothing personal against you or any disrespect to you so please don't take my comments personally. I would strongly urge you to send an email to Greg Siskind on his email that you can get from his blog or from my earlier posts and add yourself in the growing list of potential plaintiffs. I did it this evening. Please spread the word. I will sign the petition also that you posted.
Petitions may have some impact if 100k signatures in 1 month. President will give a reply within 60 days after 100k signatures reached. But most cases just he will give reply unless he has power to do something. 100k was reached in OPT case. We need to wait 1 more month what President reply will be
Spec,
Can AILA doing anything about it ?
Quote:
Originally Posted by Spectator
Hi All,
From AILA Website.
No one seems to at least bothers to give a valid explanation.
Please do not sit and fretting about it.. do something..
write to Senators/ Greg Siskind/ AILA/FB/Tweets/USCIS and more..
Please do not sit on this.
http://www.aila.org/advo-media/press...ds-visa-timing
Quote:
Originally Posted by tatikonda
The numbers affected is not huge, the tweets wont cut it unless one can mobilize millions of tweets a day. Not sure what senators can do, only option seems to be a lawsuit.
After all what is the basis of issuing a VB around 10th of every month for the upcoming month? Answer is simple, so that applicants get the paperwork ready and start filing by 1st. It is not that someone just released it with a typo, I am sure it is released by all due diligence. If still the USCIS changes it so late in the month, it is malicious and they fully know that it is going to cause financial losses to applicants. Therefore it is definitely a strong case for lawsuit. It may take months and years for an outcome to come, but they should not be let go off the hook easily and repeat this again.
This old petition: https://petitions.whitehouse.gov/pet...140-approval-4 has GOT ONLY 39K signatures while the affected people are of 180k size. Today is the last date to get 100k signatures.Quote:
Originally Posted by eb2ODer
How do you expect the new petition will get 100k signatures when the affected people are of 20k and they are subset of that 180k.
All are used to wait indefinitely and take what ever gets from the agencies.
To all those who are interested, please fill in your details into database the Greg is compiling. To me doing whatever I can is surely a matter of karma. So I did mine.
http://survey.constantcontact.com/su...tmibb/greeting
An "error" by an exploitative agency should be exploited. It's not practical to try understand these guys through logical discourse. In any case, what is the use of "acceptance date" when you expect no one from the relevant category to file in? Applies both to EB2 and EB3. Probably these guys are just worried about mundane aspect of avoiding caseload for additional EAD.
The only reason USCIS can complain about new acceptance date is they will have to process numerous EADs and APs without getting any fees. In that case they could just extend the validity of EAD and AP to 3-4 years.Quote:
Originally Posted by Jonty Rhodes
On positive side, they have not removed filing date altogether. The table is still there and other categories are being benefitted. Also I think this may be due to upcoming govt shutdown, even though DHS is self funded they might have just pulled in the plug at last minute looking at dates.. there is no evidence to think Jeh Johnson or John Kerry is against Obama..Just wishful thinking..
I signed and sent the consent form to Greg. I had asked my lawyer yesterday what his opinion was and this was his reply. Hopefully, after reading this, more people will sign up for the lawsuit.
Dear XYZ,
Thank you for your email. I am happy to hear about the action that Greg is taking. Please feel free to join that class action. There will be no negative impact on you at all. Hopefully, hundreds (or thousands) of people will join the lawsuit. This should make an impression on the US Department of State and USCIS. Please continue to keep me posted. My brother and I have spoken to Greg over the years, and he has always been honorable and good to deal with. Like Greg, I am hopeful that there will be so much pressure (via lawsuits, complaints, bad newspaper publicity) that they will back off and allow the filings. This is what happened last time. Rather than fight the lawsuits, the government surrendered and allowed the filing of the applications.
Have a good day, and I hope that we will hear good news in the coming days…..
With Best regards,
ABC
Greg tweeted that he has enough plaintiffs for the first step top file the suit. I am keeping an eye in case he need more and will send him my consent paper.
Quote:
Originally Posted by Jonty Rhodes
Good Jhonty .... I also filled his forms.....
Quote:
Originally Posted by Jonty Rhodes
Honestly, I was little hesitant to fill the form . I am afraid that all my personal information is in the litigation against USCIS/DOS. they may work against my application.
Some folks at USCIS are working against even President Obama and his legacy immigration efforts. However after reading so many forums (Oh Law, Ron Gotcher, Rahul Reddy's immigration girl, Murthy), I believe plaintiff will not have any problem. I am filling Greg form now. I already sent several emails to immigration laywers including AILA contacts. gtzamaras@aila.org and gtzamaras@aila.org
Please send emails and fill Greg's form.
Guys ... one unsolicited advice ...
Be leaders. Don't be followers.
Everybody out there has some motive that is not quite aligned with YOUR interest - including this writer. I got my GC 4-5 years back so even I am out of question - other than running this blog and running whereismygc.com as some of you may know.
If you want this situation to change. Do something yourself. Organize. Use this platform or create a new one. And most importantly - SEEK JUSTICE in courts. Seek justice not just about these stupid 485 filing dates. They do not matter much. SEEK JUSTICE FOR FREEDOM FROM DISCRIMINATION BASED ON COUNTRY OF BIRTH.
p.s. - Meanwhile Satveer Chaudhary's advice is to go ahead and file 485s with the old VB in mind. If the lawsuits succeed then you have a claim. If not - your fees are returned. Please see his LinkedIn Article HERE
There is no government Shut down this time... Speaker already resigned, It is clear indication that we is not afraid on leftist anyone.
I am sure, he won't make the mistake he made on 2013.
Quote:
Originally Posted by idiotic
From Ron Gotcher's immigration Forum...
http://www.immigration-information.c...s.19441/page-2
" if you become a plaintiff, you will act as a class representative. That is, you will be suing on your own behalf as well as all others who are in the same situation. Because there are so many different situations, we want as many plaintiffs as we can get. If you become a plaintiff, that status will have no adverse effect on your immigration rights or status. If anything, it might result in your case getting approved faster (if you have a current PD). In the EAD case, the USCIS tried to get out of the litigation by approving all of the EAD applications quickly. Let me add that other than providing us with your story, you won't be required to spend any time on this. You definitely won't need to spend any money."
Ron
James Ronald Gotcher
Global Immigration Partners
22775 Malibu Hills Road, Suite 150
Calabasas Hills, CA 91301
Tel: 818-914-6482
Fax: 818-475-3450
Do you think class action to recover wasted visas has any meat to it? I know few months back there was some talk about doing something against discrimination based on country of birth. Can we do something about it? I know few folks had showed some interest at that time.
Quote:
Originally Posted by qesehmk
I wouldn't advise a lawsuit that is everybody's concern.
EB2I and EB3I is problem of people whose changeability is India. Apparently in EB category only India has a problem. Everybody is doing just fine except Philippines EB3 CP. So YOU should think about saying it loud and clear that this is discrimination.
Yes there were some efforts. But people lose heart and say I will suck it up. Besides even the intelligent people get into "Paralysis through analysis". Sometimes "Just do it" is a better strategy.
Quote:
Originally Posted by geterdone
I agree. Too much analysis and microdissecting the matter won't take us anywhere. I decided to stand up for myself and filled the consent form from Greg Siskind yesterday night already and I am encouraging everyone impacted by this to do so. Time is the essence in this case. So there is no point in waiting. Strong words Q. Appreciate your insight.Quote:
Originally Posted by qesehmk
What a mess!
Sorry to deviate from the main topic, can we raise a SR or something if the H4EAD is not issues in 90 days. The RD was Jun/24 from Vermont and no change in status.
Exactly, Jhonty....thatz what i feel...and encouraging all my friends to do the same at earliest.Quote:
Originally Posted by Jonty Rhodes
Totally Agree Q and Jonty,Quote:
Originally Posted by Jonty Rhodes
I had to come out of the shell and be responsible for my own future and acted. I filled Greg's form and few others too. Sent an email to local senators.
copy of the law suit for Oct VB reversal
http://static1.squarespace.com/stati...ta+lawsuit.pdf
Great to see such swift action. Lets see what happens!Quote:
Originally Posted by mesan123
Cool! Pretty good I must say. I see a satya panda -- wonder if that is skpanda from this site? Kudos to these people's courage.Quote:
Originally Posted by mesan123
Good Morning Q and others. Yes, thats me. I have been in touch with Greg since Friday and he is awesome. Replies to emails in minutes. We went back and forth so many times.Quote:
Originally Posted by qesehmk
One interesting thing:
I requested him to set up a donation page as I was sure many of us would love to contribute financially. He replied that it was an interesting idea but he did not wish to pursue it.
Also, they have been working all weekend. I was talking to them beyond midnight of sunday night (early hours of Monday morning).
Kudos to Greg and his team!
I hope things go thru in our favor.
Regards,
Satya
Looked through the class action pdf. Amazing fast action by a few motivated people and the law firm in question. Hoping for a positive result for all those affected.
Quote:
Originally Posted by skpanda
I was wondering if we can pull in some money into some account and use towards these legal proceedings and I'm willing to contribute 500$. I really wish Greg says yes let's get some money so we can use it towards this CAL suit.
Satya I admire your courage to fight for yourself!
Greg doesn't need money because he is doing a business (and nothing wrong with that). He will make his money when he wins the lawsuit.
We have received numerous donation requests in the past (to accept donation!) but I haven't been able to do so. Generally speaking people are generous if they see a good cause and transparency.
Quote:
Originally Posted by skpanda
Kudo's to Satya and Other plaintiffs.
Any Idea on the timeline on the case like this will take ?
Quote:
Originally Posted by skpanda
Thanks King of Joy. Lets wait as to how things go. I will get in touch with you if there is a need.Quote:
Originally Posted by KingofJoy
If Greg wins the case, the government will pay attorney fees so there is no need. God forbid, if that does not happen or DOS backs out the VB making the lawsuit irrelevant, we can request Greg to take donation for his efforts.
Meanwhile, if i possible, kindly send flowers to Jeh Johnson. (Secretary, DHS). I know this is a step promoted by an Organization that is not liked here, but just hoping that it will have an effect.
I have sent 5 separate flower bouquets (one each for me and my wife who are directly Affected. one for my US citizen son. 2 on behalf of my colleagues who share my pain even though they have GC already).
Thanks!
Not yet. I will keep this forum informed if i find any info.Quote:
Originally Posted by tatikonda
Kudos Satya.Quote:
Originally Posted by skpanda
Me and my other physician colleague signed the consent forms and emailed Greg back on Sunday evening but seems like you guys were already listed by that time on the lawsuit. This is great and it seems like people are overwhelmingly responding to this injustice. I have always felt that Indians by nature are usually risk averse and I am really feeling happy that everyone is coming together (well not everyone :) ) in this difficult time which we usually don't see. We all are in it together and I admire your and everybody else's efforts to get justice. Lets fight this out regardless of its outcome.
May the justice prevail.