kalia
07-10 10:51 AM
The American Immigration Law Foundation (AILF) has decided to forge ahead to file the class action lawsuit, as previously mentioned on MurthyDotCom.
AILF seeks plaintiffs who have been affected by the July 2, 2007 actions of the USCIS and the U.S. Department of State, which have resulted in an inability of most employment-based applicants to file their I-485 (Adjustment of Status) applications during July 2007.
For those who wish to participate as plaintiffs in this class action lawsuit, AILF has prepared and we attach the following documents, all of them showing a revision date of July 9, 2007.
1. Questionnaire for Potential Plaintiffs
2. Retainer Agreement with AILF
3. FAQs on the Visa Bulletin Availability
Please review each of these documents carefully. Read them more than once until you are familiar with the issues and concepts.
At this stage, AILF is seeking, as plaintiffs, individuals who are suffering some particular or unusual harm, and requests that they respond. These individuals could help to highlight the problems created by the government.
Who is Covered by this Potential Class Action Lawsuit?
1. It is not essential to participate or submit one's name to AILF to be considered a plaintiff of this class action lawsuit. If a person has/had filed the I-485 during July 2007, then AILF believes that those people should be covered by the lawsuit to take advantage of the potential benefits of a successful lawsuit.
2. Even those who decided not to file the I-485 during July 2007 MAY be eligible if the judge agrees to include them as plaintiffs in the lawsuit. AILF made a decision later on to try to include them also as an injured class. However, AILF believes that their remedies may be different than those who actually filed the I-485 during July 2007.
See the amended FAQ for more information, and fill out the potential plaintiff questionnaire and retainer agreement. All are PDFs.
Those who are interested please click https://www.murthy.com/ailf_lawsuit.html
and follow the direction.
Thanks
AILF seeks plaintiffs who have been affected by the July 2, 2007 actions of the USCIS and the U.S. Department of State, which have resulted in an inability of most employment-based applicants to file their I-485 (Adjustment of Status) applications during July 2007.
For those who wish to participate as plaintiffs in this class action lawsuit, AILF has prepared and we attach the following documents, all of them showing a revision date of July 9, 2007.
1. Questionnaire for Potential Plaintiffs
2. Retainer Agreement with AILF
3. FAQs on the Visa Bulletin Availability
Please review each of these documents carefully. Read them more than once until you are familiar with the issues and concepts.
At this stage, AILF is seeking, as plaintiffs, individuals who are suffering some particular or unusual harm, and requests that they respond. These individuals could help to highlight the problems created by the government.
Who is Covered by this Potential Class Action Lawsuit?
1. It is not essential to participate or submit one's name to AILF to be considered a plaintiff of this class action lawsuit. If a person has/had filed the I-485 during July 2007, then AILF believes that those people should be covered by the lawsuit to take advantage of the potential benefits of a successful lawsuit.
2. Even those who decided not to file the I-485 during July 2007 MAY be eligible if the judge agrees to include them as plaintiffs in the lawsuit. AILF made a decision later on to try to include them also as an injured class. However, AILF believes that their remedies may be different than those who actually filed the I-485 during July 2007.
See the amended FAQ for more information, and fill out the potential plaintiff questionnaire and retainer agreement. All are PDFs.
Those who are interested please click https://www.murthy.com/ailf_lawsuit.html
and follow the direction.
Thanks
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loku
08-16 08:04 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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hetuweb
01-26 01:53 PM
thank u "deba" and "lazycis" for ur prompt answer.
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grupak
11-17 06:41 PM
Great editorial!
more...
ssdtm
05-14 06:10 PM
Lets not generalize it. Everyone is different.
nortam1
07-17 10:48 PM
Alright all,
Celebrating the good news here.
Question: Did anybody receive confirmation about their AOS applications being returned after filling in early July (Say on the 2nd or 3rd)? I know there have been rumors about a few returned applications but I haven't actually found anyone in such situation + my attorneys confirmed today that USCIS specifically instructed not to return/reject them.
Celebrating the good news here.
Question: Did anybody receive confirmation about their AOS applications being returned after filling in early July (Say on the 2nd or 3rd)? I know there have been rumors about a few returned applications but I haven't actually found anyone in such situation + my attorneys confirmed today that USCIS specifically instructed not to return/reject them.
more...
h1vegas
02-02 07:12 PM
I appreciate your response
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somegchuh
06-19 12:29 PM
yesterday the NSC date for I-485 was Mar 01. 2007. Today its back to Sep 06. Man, these are total mind games!
more...
godspeed
02-12 01:52 PM
Looking at your profile, i am surprised u still havent received the plastic card.
If your card gets approved while you are out of the country i.e. US, and you dont have AP i had read earlier that it is considered as an abandonment. The sole purpose of AP is to provide you to get in and out of US while on AOS period.
Did u check with your company Attorney?
Hi,
Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?
Please let me know if someone else has been in this situation.
Thanks!
If your card gets approved while you are out of the country i.e. US, and you dont have AP i had read earlier that it is considered as an abandonment. The sole purpose of AP is to provide you to get in and out of US while on AOS period.
Did u check with your company Attorney?
Hi,
Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?
Please let me know if someone else has been in this situation.
Thanks!
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vedicman
11-08 09:28 AM
Anyone read the book? Plan on getting it for a good read on a long flight.
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iheartindia79
10-06 04:37 PM
Hello,
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Still waiting [YAWN]
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Still waiting [YAWN]
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gc_on_demand
05-27 12:15 PM
Aha I see ... yes she can stay in the US beyond the I-94 date as long as the extension application is pending. From the postings i can recollect that in case of a denial the unlawful presence starts from the decision date.
also if you get denial stamp no longer be valid. This is what I also read online.
also if you get denial stamp no longer be valid. This is what I also read online.
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sagittariusarm
02-12 11:10 AM
My wife was also in the same situation. We hired a good Driving Violations lawyer. He reduced it to a no points 'Reckless Driving' ticket. It did increase our insurance premiums but no other effect.
Thanks buehler!!
Do you know what was the classification of your wife's case? In my wife's case it was a criminal violation. Since the insurance took care of the other party, I am sure our premium will increase but that is not the worry, just want to make sure she is cleared and her immigration process is not affected. My immigration attorney just confirmed that it should not be a issue because even if judge sentences the max sentence is 60 days jail or $500 fine, I would prefer the later, but I am sure the case will not go that far because I am hiring a attorney.
The green card process will be a issue only if the sentence is more than a year, as per my attorney.
Thanks buehler!!
Do you know what was the classification of your wife's case? In my wife's case it was a criminal violation. Since the insurance took care of the other party, I am sure our premium will increase but that is not the worry, just want to make sure she is cleared and her immigration process is not affected. My immigration attorney just confirmed that it should not be a issue because even if judge sentences the max sentence is 60 days jail or $500 fine, I would prefer the later, but I am sure the case will not go that far because I am hiring a attorney.
The green card process will be a issue only if the sentence is more than a year, as per my attorney.
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Jerrome
05-20 04:44 PM
Are people getting soft lud on 485 recently?.
The reason why i am asking this is my 485 did not have any LUD for past 1 year and i got one today for all my 485(mine,dependents). 140 did not have any LUD only 485s. No AP,EAD renewals..
I know from previous threads it means nothing. Just wanted to check. Was trying to not post about this but at last i posted.
The reason why i am asking this is my 485 did not have any LUD for past 1 year and i got one today for all my 485(mine,dependents). 140 did not have any LUD only 485s. No AP,EAD renewals..
I know from previous threads it means nothing. Just wanted to check. Was trying to not post about this but at last i posted.
more...
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bugmenot
11-17 01:39 PM
I dont think there is one (at least legally). However, even if revoked, you may apply for new H1 (without quota bar, if you are within 6 years). The IO may or may not give you a new I94, so you may have to exit the country to get a new visa/I94.
uh? no time period to transfer h1b?? does anyone have a clarification on this point?
i heard it was between 10 days to 2 weeks???
anyone??
uh? no time period to transfer h1b?? does anyone have a clarification on this point?
i heard it was between 10 days to 2 weeks???
anyone??
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nogc_noproblem
04-05 10:39 AM
Provide the details!!!
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
more...
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Anders �stberg
April 3rd, 2004, 01:27 AM
OK, I guess you're starting out with RAW (since you save as TIFF). In that case maybe you need to download an update to the RAW plugin from Adode, it fixes an EXIF problem.
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thakkarbhav
02-07 12:24 PM
First complete your profile so person who is viewing your case understands you better.
You have enough time. Find new job and then new employer can process your Eb2 GC. I-140 can be done in 15 days with premium processing.
You have enough time. Find new job and then new employer can process your Eb2 GC. I-140 can be done in 15 days with premium processing.
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sathishav
05-12 02:33 PM
Yes, you can GC is a future job. So its definitely possible.
bijualex29
04-04 12:13 PM
With the situation currently we are facing on H-1B, in my opinion congress may do some quick fix before the CIR implementation. Reforming the H-1B visa, I do not think any thing is wrong in that. In this process of reforming H-1B visa, can we incorporate our mission of at least filing I-485 without visa availability?
Is this too much to ask?
Is this too much to ask?
softman
07-21 11:08 AM
Hi Softman,
I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
My question to you is are you able to find an attorney to represent you since you changed the job?..
Inthehole, can you be little bit elaborate, what job code you filled in AC21, how did you know that if you don’t have your Labor copy.
I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
My question to you is are you able to find an attorney to represent you since you changed the job?..
Inthehole, can you be little bit elaborate, what job code you filled in AC21, how did you know that if you don’t have your Labor copy.