Originally Posted by qesehmk
Agreed, he is probably one of the few who have provided some media coverage. Worth the while to at least hit him up with some additional content.
http://bigstory.ap.org/article/2278e...-them-millions
Agreed, he is probably one of the few who have provided some media coverage. Worth the while to at least hit him up with some additional content.
http://bigstory.ap.org/article/2278e...-them-millions
Lot of coverage suddenly:
http://bigstory.ap.org/article/2278e...-them-millions
http://abcnews.go.com/US/wireStory/i...lions-34155859
http://www.startribune.com/immigrant...ons/330132341/
http://www.jdsupra.com/legalnews/sta...er-2015-50442/
http://www.dailyprogress.com/news/na...dbc6a8087.html
http://www.washingtontimes.com/news/...sts-them-mill/
https://lofgren.house.gov/news/docum...umentID=397996
Category: EB2-I PD: 11/29/2010 I-485 RD: 10/28/2020 ND: 12/05/2020 EAD/AP RD: 12/24/2020 FP: 03/30/2021
These are all automated feeds from AP and not new reporting except from house.gov, which is a statement by the Congress Rep.
Guys, we have tried to pull together rationale to contest the constitutionality of the per country limits, but have reason to believe that the courts typically don't hear broad/overarching immigration related issues that go against congress's intent. The courts claim that congresses has 'plenary powers' that they are unwilling to contest.
If anyone has additional knowledge around how to navigate around this plenary power issue, it would be very interesting to re-kindle the initial effort.
refreshing this for last 2 hours .. nothing happening
https://twitter.com/gsiskind
Thanks Spec!
Just came home and tried to check if there was any news on trackitt and it was down. Then tried Ron Gotcher's forum and that's down too. Man, people are just too anxious and trying to access in hordes.
Going out. Will check back sometime later. Hopefully, it would be good news.
Sailing in the same boat mate 😕Just came home and tried to check if there was any news on trackitt and it was down. Then tried Ron Gotcher's forum and that's down too. Man, people are just too anxious and trying to access in hordes.
Going out. Will check back sometime later. Hopefully, it would be good news.
TRO filed. No hearing today. Hopefully tomorrow morning!
Greg's Rundown of the Days Events
Visa Bulletin Law Suit Update – 09-30-2015
By Greg Siskind On September 30, 2015 · Add Comment
Hi folks – here is the run down of today’s developments. For the better part of today, we have been in contact with a wide range of people – other groups, people on the Hill, reporters who would tell the story of this injustice – in hopes of seeking a solution that would avoid the need for immediate intervention by a judge. Given the short time frame between now and October 1st – mere hours – we have filed a motion for a temporary restraining order to prevent the government from rejecting applications based on the second released Visa Bulletin. We have also filed an amended complaint that has some new plaintiffs and additional legal arguments.
We have been in contact with the government about our case and will continue to do so. We remain hopeful for a quick and positive outcome.
We are now awaiting a hearing with the court. We hoped for today, but we now think it will be tomorrow morning. We know people are uncertain about whether to file tonight or not and can’t give you a perfect answer to that. We don’t know what is going to happen tomorrow when those first cases are received.
In the mean time, we remind everyone that a lawsuit is just one pressure point. Please work with the advocacy organizations in their campaigns to reach out to Congress and the Administration. Rallies, flower campaigns, calls and visits to your representatives are all critical. And let people in the media know why this is so important. Today, we started to see this happening with stories in Bloomberg BNA, the Associated Press and Law360. We know more stories will be running tomorrow in other media outlets.
A special thanks is in order for Congresswoman Zoe Lofgren and Congressman Mike Honda who both issued press releases noting our lawsuit and urging USCIS to restore stability in our immigration system by honoring the commitments made in the original Visa Bulletin.
Many, many lawyers have been contributing time to helping with this. The lawyers of ABIL – the Alliance of Business Immigration Lawyers – have been fantastic. They put together several teams to help us with declarations for today’s amended complaint. Folks at AILA and AIC have been giving us helpful feedback and advice. Diane Butler’s team at Lane Powell in Seattle jumped in to help at a moment’s notice. When we needed an organization to add as a plaintiff, the IMG Taskforce, an organization that I’ve been involved with for years that advocates on behalf of physician immigrants, stepped in and is our newest named plaintiff. Sheila Hahn of Memphis helped us quickly onboard a new named plaintiff in Seattle.
And many thanks to the thousands of you out there who have been helping to crowdsource this case. When I’ve asked for case examples, you’ve provided them in droves. When I needed some quick research on a question, I’ve gotten great replies. When I’ve needed people to talk to media, you’ve stepped up. Incredible! If we haven’t used you’ve provided just yet, don’t worry. Everything you’re sending is getting read and factored in to our thinking about the solution here.
Tomorrow we’ll have an update on the hearing. After dinner I’ll post the new complaint and the TRO request.
http://blog.ilw.com/gregsiskind/2015...te-09-30-2015/
Without an irritant, there can be no pearl.
This is some solid work by Greg Siskind, Cyrus Mehta and other attorneys.
https://www.dropbox.com/sh/ofsnyyff7...eU9Jz3iOa?dl=0
I am sure we have a solid case or least that's what it seems to be.
Cyrus Mehta's declaration interestingly talks about legality of dual date system and from what I understood from reading it, it seems very legal and defensible in court.
Those are some interesting declarations and Greg by putting those, has tried to cover all the aspects of this issue. Great job.
Now, hopefully the judge would agree with them also.
Please also read this.
http://blog.cyrusmehta.com/2015/09/s...-bulletin.html
Good luck to everyone! May justice prevail!
From Greg Twitter Account.
Oct. 1, 2015 - There may be a hearing in Seattle this morning on the motion for TRO. Meanwhile, here are links to key documents in Mehta v. DOS, No. 15cv1543, W.D. Wa.: - See more at: http://www.lexisnexis.com/legalnewsr....fTN9OPbw.dpuf
From Greg Twitter ..
Govt being given time to respond by 4:15 today . Will keep you updated.
To be clear, no hearing until govt has had opportunity to provide written responses.
I am surprised that there have not been too much discussion related to options for those that would benefit if there was a Temporary Restraining order based on Siskind's lawsuit. Would the experts advice to apply if TRO was in effect later today ? The issue at hand is that if we send the documents and then in the meanwhile, Siskind (We)lose the case, what would be the implications ? Does rejection of a 485 have any negative impact on our regular(H1B) immigration situation ?
if TRO is issued, it will be effective immediately.
if we loose, I am seeing 2 different opinions from reputed lawyers..
Murthy site recommends NOT to apply, However both Ron Gotcher and Ohm Law recommends to apply.
even Frogmen is not recomending ... so we have 2 yes and 2 no votes on it..
I think, NOT Applying is better.
Thank you very much for the info !
My relationship with the current lawyer is through the company I work for. He filed my I-140 and labor but he has been a little lukewarm in his response to 485 filing which I understand because my priority date is July 10. But he does not have my documents ready in case the TRO goes through .. With that in mind, I want to know if it is ok to file the 485 documents on my own or through a different lawyer ? What considerations should I have ? This might sound wishful thinking but I want to be prepared. Your opinions would be greatly appreciated !
Any idea, when will we hear the results on Siskind case? Tired of pressing refresh button.
Technically, there is no need for a lawyer to file I-485. When the date became current in 2012, several people I know chose to file their I-485 by themselves. Unlike the I-140, which is 'owned' by the sponsoring company and typically requires a qualified immigration attorney, the I 485 is owned by the individual and can be self-filed.
The key is to have all the documents ready and ensure that all required documentation is provided at the time of filing.
While we wait for the visagate thing to pan out, can someone please throw light on eb3 India movement in coming months. I am seeing pessimism on trackitt with couple of people expecting only 1 to 2 weeks movement each VB. I know there are many number crunchers on this forum and good at it. What is the likelihood of VB moving faster than 1 to 2 weeks. I was seeing predictions of 2005 and 2006 for Eb3 India for fy 2016... Is this too far fetched ??
Nice explanation from CO on the VB acceptance dates :
https://drive.google.com/file/d/0B0Z...kT2M3anA4/view
Yeah. Nice way to say, "Shut up and keep suffering"!!!
Funny Part: Is Modernization of Immigration focussed on predictive analysis and allocation of resources? Looks like, it is not for immigrants.
Here is the VB reform story:
We need to understand 3 things here:
- The old & new VB cut-off dates (Everyone knows these, no confusion here)
- DOS' Qualifying dates, which are the previously unpublished dates internal to DOS. (Not many people know about these dates as they are internal to DOS)
- The new VB acceptance date (Everyone is trying to understand what is this now and going forward)
Application Final Action Dates (Visa Cut-off Dates):
- The Application Final Action Dates were called cut-off dates in prior Visa Bulletins.
- The Application Final Action Dates indicate which priority dates are current for the purpose of issuing immigrant visas and approving applications for adjustment of status filed with USCIS in a particular month consistent with the cut-off dates in prior Visa Bulletins.
DOS or State's Qualifying dates and State's policy on these dates:
- State's Qualifying dates are the previously unpublished dates which the Visa Office of the Department of State uses to determine when to send the Instruction Package to an immigrant visa applicant. The Instruction Package tells the applicant what documents need to be prepared for the immigrant visa application.
- State establishes qualifying dates based on estimates of where the cut-off dates are likely to be in the next 8 to 12 months. These estimates allow State to efficiently process immigrant visa cases worldwide to ensure maximum usage of visa numbers, which by statute are numerically limited.
- Qualifying dates are established in relation to cut-off dates, which are calculated based on the best information available at the time from both State Department and DHS sources. Infrequently, the information underlying the estimates of cut-off dates turns out to be incorrect;
- Historically, when State has retrogressed (VB) cut -off dates due to the (non) availability of visas, as a matter of policy, it has not retrogressed the corresponding (State's) qualifying dates.
- State has not previously retrogressed qualifying dates, as there was no purpose served in doing so, even when the (VB) cut-off dates failed to advance at the anticipated pace or they retrogressed because of higher-than-expected demand.
- neither DHS nor any other agency utilized State's qualifying dates.
Dates for Filing Visa Applications (Acceptance Dates):
- Dates for Filing Visa Applications that were published in the September 9,2015 Visa Bulletin were the qualifying dates State had developed for internal purposes, consistent with past practice.
- Accordingly, the Dates for Filing Applications in the September 9, 2015 October 2015 Visa Bulletin, including the India and China Employment-Based Second preference (EB-2) dates, were qualifying dates that were established - based upon cut-off dates that have since retrogressed, but the corresponding qualifying dates had not been retrogressed, per State's policy.
Here is what happened in the background:
- As part of the President's efforts to modernize the immigrant visa system, the Department of Homeland Security (DHS) requested that the Department of State (State) include in its monthly Visa Bulletin State's "qualifying dates". DHS explained to State that publishing its qualifying dates would allow DHS to use these dates at least some months to accept applications for adjustment of status. This change would also assist State by providing better control and consistency in determination of the monthly cut-off dates for IVs by providing much needed visibility of applicant demand so that state may maximize visa number use under the various annual limits.
- On September 9,2015, State published the Visa Bulletin for October 2015 and included both the "Application Final Action Dates" and the "Dates for Filing Visa Applications".
- Following the publication of the October 2015 Visa Bulletin on September 9, 2015, DHS requested State republish the Bulletin for October with all Dates for Filing Visa Applications retrogressed to where State anticipates the Final Action Date likely to be in 8 to 12 months. Due to the lack of retrogression of qualifying dates, DHS had determined that the dates in the Dates for Filing Visa Application charts for some preference categories did not accurately reflect visa availability for DHS's purposes of accepting adjustment applications consistent with section 245 of the Immigration and Nationality Act (INA), 8 U.S.C. 1255.
- After consultations with DHS, State published a revised Visa Bulletin for October 2015 on September 25, 2015 in which State retrogressed certain dates in the "Dates for Filing Visa Applications" chart. The "Dates for Filing Visa Application" in the revised Bulletin are where state estimated the Final Action Dates to likely be for each category in the next 8 to 12 months. This resulted in 6 of the categories of the Dates for Filing Visa Applications being changed from the September 9 version of the Bulletin, namely Mexico Family-Sponsored First Preference, Mexico Family-Sponsored Third Preference, China EB-2, India EB-2, Philippines EB-3, and Philippines Other Workers.
From above all what I could conclude is if your PD is under VB cut-off dates then you should be getting your GC in current month and if your PD is under VB acceptance-date then you should be getting your GC in 8 to 12 months timeframe.
And the acceptance dates are estimated dates based on information available to DOS at that time. This means these dates move forward as the State gets more accurate info available and also based on the spillover available.
As for as AOS applicants are considered, the only benefit they get from this VB reform is filing the AOS applications in advance of 8 to 12 months and can expect GC in that timeframe if the DOS estimations are accurate.
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