Sunday, July 3, 2011

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  • 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
    and follow the direction.


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  • illusions
    03-17 05:06 PM
    but but you will still need to wait for 9+ months to get your new 140 approved right?
    But would waiting an aprrox 9 months matter if the dates are current ? Else i see your point that it is another wait.... it all depends on the timing and a bit of luck i guess.

    vinabath, i think you might be right about BS+5, all i have is BS+4. So if i wait for another 8~9 months, get 5 full years, move to EB2, then wait another 8~9 months for I140.... by that time i'll prolly be current in EB3 ROW (PD Jun 2006) :confused:

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  • ragz4u
    05-09 09:46 AM
    And we might be in the final edited version (very good chance) for a few minutes

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  • 90210
    03-28 05:41 PM
    Thank you. So we do have to answer "Yes" to all the 3 questions!


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  • bijualex29
    06-19 04:22 PM
    How much time we need to wait before we start campaigning for a separate bill like SKIL bill.

    I would like IV core team to Initiate some work, the work which volunteer like me can take forward. I am not good at lobbying, but I am sure with you folks help, I can do something.
    Can super moderators can come up with a master plan, which we can implement at each state. Once one of the moderators commanded that � I like the Idea, but why don�t you volunteer for it, since it is run by a volunteer organization�.
    I appreciate your command, but some one can lead it and let us take care of the rest. Initiation is the most difficult.

    I too am busy with my work, but for the noble cause and to release the frustration which I had for this EB-system, I can take any trouble.

    As I mentioned before, I can contact Sen.Mike DeWine, I met there staff before for some personal reason and they were too nice.
    John Boegher ( Forgive my spelling) Majority leader is in my constituency. I can easily talk to him too.
    But as an individual, it is practically impossible to make any impact, but as a group, at least 50 people with a several sign petition from each state, if we approach it can make some difference. I have some influence to get it published in Dayton daily news too.

    Also if I do it at only Ohio, there may not be an impact, but if we all try to coordinate in different state, at the same time, the massive force can make lot of difference.
    We can also include the University student at least can sigh the petition.
    Any thought is appreciated, every time in the forum, people says � it s good idea� and leaves at that point, please it is the time, we need to act.

    If we agree to my above point, we can start collecting the names and phone No with the state wise. It may take some time but surely we will keep it as backup.
    Loosing the battle and telling that we will pack up and go back to India is not the solution, that is coward. I am sure, people who commended, will live for next several years complaining about the system.

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  • siddar
    03-29 09:46 AM

    I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
    My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.


    You might want to try CBP deferred inspection. For further details, go through the link below:

    U.S. Customs and Border Protection - Contacts (

    Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
    If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.


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  • thehulkdeals
    04-11 09:49 PM
    Hi all, I need help in explaining my situation if someone can help me . Here is my info that I know
    EB3 ROW
    PD : April 6, 2006 (PERM)
    July Filer.
    i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
    AP and EAD received September 2007

    I want to understand the process so I can know the meaning of the Visa bulletin based on my situation.
    I am guessing that right now I will have to wait for my i140 to be approved first before I can talk about i485. I checked the processing time for i140 at TSC and it is August 15, 2007. Any crazy estimate when I should get the approval?

    Once my i140 is approved then I can look and match my PD with the visa bulletin EB3 ROW for adjustment of status.

    I know there would be some more steps than these above. But are these statement above correct/incorrect?

    Thank you very much

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  • chinna2003
    05-15 09:27 AM
    My EB1 is not a very strong case as it is, so we are relying on the EB3 petition. I will definitely correct my profile as suggested.
    No disrespect intended, I still am not sure after reading your post whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).


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  • freddyCR
    February 1st, 2005, 07:44 AM
    ........ Do I see Juan Valdez and his mule in one of the shots? ........

    Juan Valdez drinks Costa Rican coffee.......:D

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  • gcgc2005
    12-17 10:37 PM
    Hello Everyone! Please advise me on the following agreement.

    I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.

    This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")

    Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.

    In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.

    Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.

    Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.


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  • Ann Ruben
    03-08 06:47 AM
    Yes, it is a 10 page form which probably went to your lawyer. If not, The lawyer can follow up with DOL.

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  • martinvisalaw
    09-03 08:22 PM

    My 140 is approved. My H1b is already extended for 3 years.

    1) Can my spouses H1b get 7th year extension based on this?

    I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.


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  • njboy
    10-16 01:33 PM
    Unless you serve in Armed Forces

    You cant get into the armed forces without a GC

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  • zCool
    04-02 08:50 PM
    1. You can definitely change the employer and invoke AC21. No issues there..

    2. You can change AOS to consular, but not after you've invoked AC21.
    Actually there's probably a way to do that too , but maybe a good (and probably expensive) lawyer needs to be consulted.


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  • guchi472000
    11-22 02:35 PM
    Thank you very much for your response.

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  • glus
    03-31 03:51 PM
    Hi Guys,
    As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.

    NO, this is not a joke.


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  • akilaakka
    06-18 09:44 AM
    Since it is a not for profit i will fall under the quota.

    She can transfer to other not for profits. Transferring to other for profit companies is challenging as it has to be under the quota.


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  • roseball
    02-28 12:56 AM
    Is that normal to have the same I-94 number on my renewed H1B and my wife's H4 approval notices?

    Seems it is a mistake that my old I 94 is given in H4 extension application. Do I need to apply for correction? Any Lawyer / Member, please confirm. Thanks in advance.

    I-94 is what determines your legal stay in the US. Since you get an I-94 only during your entry into the US, it is normal to get the same I-94# on any subsequent extension of status applications filed within the US. Your attached I-94s on the I-797 approval notice are proof of your continuous status since your white I-94 cards might be expired. But do keep the original white I-94 cards with you as you are supposed to return them along with the new I-94s attached to I-797 notices, when you leave the country.

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  • fromnaija
    09-14 11:42 AM
    I think you can only work for 240 days on a pending H1 extension application. If your application is not approved in 240 days you may be out of status. Please talk to your attorney to confirm this.

    On pending H1 extention there is no limit for how long you can keep working.

    07-25 10:54 AM

    Are the dates mentioned in this bulletin for new I765 applications or renewal applications?

    03-09 07:48 PM
    Thanks for the reply.

    Ok, here is the situation. I am the guy in this venture with all the business contacts and would have to involve in some email conversations with the clients and also visit them on an occasional basis.

    I am willing to do this without pay and also appoint someone as CEO instead of me. Can I be the Chairman of the Board, and do this kind of work.

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