Monday, June 20, 2011

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  • ashkam
    07-28 12:14 PM
    What's with all the fundies crawling out of the woodwork?

    By the way, dear fundies, if you are so against the First Amendment (freedom of speech), why are you in this country applying for a green card anyways? Because, you know, the First Amendment is kind of a big deal here.





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  • mambarg
    07-24 01:18 PM
    With the new form available on uscis web site.
    It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.

    So we should attach it . If not now, then you will get RFE. Why to get RFE ?





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  • sanju
    04-04 03:01 PM
    The Durbin-Grassley bill would prohibit employers from hiring H-1B employees who are then outsourced to other companies. This is a method that some companies use to evade restrictions on hiring H-1Bs.

    http://durbin.senate.gov/record.cfm?id=271783

    Open your eyes and look clearly. This bill is designed to put an end to any competition for middle aged racist engineers afraid of competition from people who fit the profile of the membership of IV. Some members on the forum seem to think that this bill contain provisions to protect H-1b workers, but that is not true. This bill is designed to mean that current workers on H-1 are taking away American jobs as the protection proposed by the bill were not there when most of the forum members came on H1b. This bill was written by Ron Hira and IEEE. If nothing else then we need to understand that Ron Hira et al, are not in love with any of us. They represent middle aged racist engineers in US who are scared of competition and globalization. So please stop day dreaming and expecting that this bill would have anything to protect/benefit green card applicants. I understand/share the frustration with body-shoppers/consulting companies. Why whine about consulting companies and, work for them at the same time. If you are so good then why don't you switch jobs. Accenture, PWC, D&T, Bearing Point, Oracle consulting etc. also do consulting, what about them. Supporting this or any other bill from Sen. Grassley is suicidal. It’s acting like the 90% of ignorant Republican base, who earn less than 30K/yr and still support the party that oppose welfare reform and give tax breaks to the richest.

    Taking out frustration on consulting companies doesn’t help us. If the green card process would work in the intended manner, none of us will be beholden to the employer. And there will be no room for frustration. Any employer would take advantage of such loopholes in the process where employee is beholden to the employer. But the thing is, employers or consulting companies did not create the currently broken green card process, neither did they create the backlog. The lawmakers, who did not attend to the immigration system for more than a decade, are responsible for the current system. And organizations like IEEE are responsible for opposing any meaningful reform on H1B/green card issues. Now they are using the situation to their advantage by tainting a pictures if we all the people in US, waiting for their green cards, should not have been in US if the system proposed by the bill was in place. And it is astonishing to see people calling to support a bill wihtout knowing its contents. So why blame our problems on consulting companies? You think IEEE drafted this bill for people who match the profile of IV members? This bill was has been drafted with the objective to secure the position of middle aged racist engineers, who do not want to upgrade their skills and who are scared of young minds ready to compete and learn new things.





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  • sasi1234
    04-10 09:47 AM
    First off, you are looking for a bodyshop. A consulting shop. You would be the consultant if you are hired they would be the consulting firm.

    There is a website called http://www.desicrunch.com/ (Desi Crunch) that as reviews of most of Indian Consulting shops. Reviews are posted by individuals themselves so they would be reliable.



    Loved desi crunch..especially the tips that you gave for consultants..they make more sense!!



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  • ASR
    06-06 05:14 PM
    We got the "card production ordered" emails today. Here are our dates.

    Labor Approved: 10/10/2006
    I-140 AD: 11/27/2006
    I-485 RD: 07/09/2007
    EAD, AP: Sep/Oct 2007
    RFE: 11/29/2007 Responded: 12/6/2007
    LUD/AD: 6/6/2008 (Card Production Ordered)

    Which service center are you form?





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  • anilnag
    10-31 03:37 PM
    It is EB3 India vote, is it right? I can't place my vote if I am from another country...

    India EB3 is most retrogessed so pls don't vote if not from EB3 India. You can start a new thread if you are interested in tracking the applicants status for your country.



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  • mirage
    02-03 08:17 AM
    Guys,
    I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...





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  • varshadas
    12-14 09:12 AM
    Hello All,
    This is a reminder to all to join the conference call tonight at 9.00 PM.

    Thanks,
    Varsha



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  • go_gc_way
    12-26 12:22 AM
    Give IV a New Year Gift:Post about IV in other Web sites (15 min of your time!!!)

    Hi IV members!

    We are all aware how every IV member is trying to increase IV membership.

    We need all hands and help to make this a success, INCLUDING YOURS and we need it NOW. Following are two important threads to visit in this regard.

    ( IV campaign: $20/member marathon
    http://immigrationvoice.org/forum/showthread.php?t=2630
    IV campaign: Add A Member Campaign
    http://immigrationvoice.org/forum/showthread.php?t=2566 )

    I am starting a new thread to highlight another idea.

    WHAT IS THE NEW IDEA? WHERE EVER POSSIBLE, EVERY MEMBER POST A FREE CLASSIFIED/DISCUSSION THREAD ON A WEB SITE THEY FREQUENT FOR THEIR LOCAL UPDATES IN THEIR LOCAL AREA/ OR ANY OTHER WEB SITE THEY FREQUENT OR KNOW OF AND IT IS POSSIBLE TO POST ABOUT IV.

    WHY IS IT HARD FOR ONE PERSON TO DO IT? FIRST IT IS HARD TO GUESS, WHAT WEB SITES ARE BEST IN YOUR LOCAL AREA/CITY TO POST ABOUT IV. SECOND, WEBSITES MAY REQUIRE REGISTRATION BEFORE POSTING ANY THING ON THEIR WEB SITES. SO IF YOU TAKE TIME (Just 15 minutes!) AND POST ABOUT IV IN THE WEB SITES YOU KNOW OF, IT WILL GREATLY HELP INCREASE IV AWARENESS AND INCREASE IV MEMBERSHIP. AND ALL IT WILL NEED IS 15 MINUTES OF YOUR TIME.

    I suggest the following.

    1. Post about IV in a Web site that you frequent for local ads, local events, local classifieds ect/ OR any other web site that you think best to post about IV (need not be necessarily local web site, an internet group ect)

    Every one of us knows a web site where in local classifieds, ads are given, POST ABOUT IV in those web sites. This is REALLY easy task given 15 minutes of your time.

    2. I have pasted the content below that you can use to post the free classified or start a new discussion thread in a local web site that you know of.

    3. When you have posted the classified or started a thread in your local web sites, POST the details here to keep this thread alive and others take notice and make similar efforts. (It will encourage others).

    IV'ers, lets add ONE classified or discussion thread in a web site that you know of ... Your 15 minutes of time will take us a long way.

    I understand IV members are from different countries and different states, and thus only you will be knowing what sites are best to post a classified/discussion thread.

    Please feel free to write any other suggestions you may have regarding this idea.


    SUGGESTED CONTENT TO POST IN OTHER WEB SITES
    ************************************************** ****

    Waiting for your Green Card ? Read this .. Free Immigration Consultation!!! (no strings)

    Have you been waiting patiently to get your green card through your employer? Do the following quotes somewhat echo what you are going through? “My labor certification has been pending at the DOL for over 3 years”, “My priority date is Dec. 2003, but it seems like it take 3-4 years before my turn to apply for I-485 comes up”, “I am in my 9th year extension, and unable to accept promotions, or change jobs, because if I do, I will lose my priority date and have to wait another decade for my green card.

    If the above quotes sound familiar, then please know that you are not alone. You are in the company of over � million people stuck in the endless backlogs and bureaucracy. Recent data on backlogs indicates that as of April 2006, 255,000 applications were pending at the DOL – some since 1999. Per latest Ombudsman's report, there are between 170 to 230 K applications pending at the USCIS. Just one glance at the numbers is sure to send shivers down the spines of most individuals who haven’t even entered the green card queue.

    With unbounded passion and a sense of urgency few individuals came together in December 2005 to form Immigration Voice (IV). Immigration Voice’s mission is to resolve this crisis facing numerous highly skilled, and highly educated individuals and make lawmakers aware of the issues that have adversely affected the quality of life for our members.

    Immigration Voice has successfully lobbied Congress to enact sensible legislation that will clear backlogs, reduce wait time, and improve the quality of life of individuals. Immigration Voice has played a key role in the following very positive changes: (1) Removal of 10 % hard country quota from Comprehensive Immigration Reform legislation. We made lawmakers aware of this issue so it will never arise again. (2) Inclusion of Immigration Voice’s goals in the bipartisan Managers' amendment to CIR viz, (i) I-485 filing without visa number availability, (ii) 3 year H-1B and EAD/Advance Parole extensions for green card applicants, and, (iii) Generalization of Science-Technology-Engineering-Mathematics (STEM) exemptions to more applicants. This item also greatly serves the national interests of the US.

    Immigration Voice has also raised awareness about backlogs and bottlenecks in the legal immigration process through an aggressive publicity campaign in the print and broadcast media (Washington Post, Roll Call, WSJ, MSNBC, amongst many others). You can check them out here. Immigration Voice core members continually engage the media on a regular basis to raise awareness.

    Immigration Voice works closely with Quinn Gillespie and Associates (QGA) to generate awareness amongst lawmakers of our cause and to create bipartisan support for it, but we need a significant membership base as well as a tremendous financial muscle. The lobby opposed to legal immigration is very strong, and has extensive reach on the Hill. We need to raise funds with great urgency and vigor to keep up the struggle and strengthen our partnership with QGA, without whom our success is limited.

    All members of Immigration Voice are bonded by the same problems arising from the backlogs in legal immigration. The unwavering and unfaltering commitment of the Immigration Voice core team, and the support shown by our members, both monetary and in spirit, has propelled Immigration Voice to succeed and hardened the core team’s resolve to continue this work until our goals are achieved.

    Immigration Voice’s membership has grown to more than 8000 members in about 7-8 months, but this number pales in comparison to the half million people currently in some stage of their green card process. We urge you to join us and become a member of Immigration Voice. You will receive regular updates and inside news of several activities that Immigration Voice is undertaking in Washington DC. Moreover, you will get the satisfaction of being part of this important effort, which has a good chance of succeeding, and be able to share your worries as well as get solutions to your personal queries through our free ask-a-lawyer conference calls.

    Please visit www.ImmigrationVoice.org and see first-hand the enthusiasm and energy of our existing members who are contributing their time and resources to a very important cause. We are sure you will join us.

    Thank you,

    Immigration Voice Team

    Immigration voice is a non-profit 501 (c) (4) organization. All of Immigration Voice’s financial transactions will be audited by a CPA, submitted to the IRS.





    ************************************************** ****


    Based on the suggestions from perm2gc, I am temporarily changing the thread to "Give IV a New Gift". It was "Post about IV in other Web sites( Need 15 min of your time!!!) "

    perm2gc
    Senior Member Join Date: May 2006
    Posts: 387


    Give IV a New Year Gift

    --------------------------------------------------------------------------------

    Guys. Let all of us give a new year gift to our core team by posting about IV in all the forums which we have access.It won't cost you a penny but a 15 minutes of your time.I know everyone are busy but 15 minutes is not too much to spend for guys who are working hard for our cause.I know many people are silently browsing the thread than the people who are posting .Guys don't be behind the doors all the times.You have to come out sometimes and this is the time for you to show little respect to the core team.
    __________________
    Remember, remember always, that all of Americans... are descended from immigrants and revolutionists





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  • caydee
    04-23 12:55 PM
    Great to hear that the event was a success. I was one of the volunteers who had the oppurtunity to call CA members and I just have one suggestion. Please update your profiles with your latest email and phone numbers. Of the 25 people I called, atleast 5 or 6 had incorrect phone numbers. One even went to a fax number. The intent for IV is to reach you quickly in such case but looks like the intent for such members is 'do-not-disturb'.

    I had the same problem with phone numbers. About 8 numbers turned out to be incorrect. Update your profile, please. And if you do not want to be contacted by phone, please leave the phone # box in the profile blank.



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  • sheela
    10-16 10:14 AM
    Guys,

    Someone left a red dot on post with message: " tells of your lack of ideas".

    I never said that this is the only option left and we have to do this. This was one of the proposal / suggestion. We welcomed other suggestions too! What I wanted and I still want is to do something, I wanted to have a brain storming so that we can come up with some better positive idea. This is not new. We had similar hurdles when tried to request people to promote HR 5882 and other events.

    Above note is a sign of complete loser. This type of people don't have guts to come up in front and express their views because they really don't have guts to do anything. I am not ashamed that I proposed flower campaignwhere there are other possibly better options available.

    I still strongly believe that doing something is always better than cursing something who is trying to do something or doing nothing.

    Seriously, its not illegal lobbies that we are more threatened by. Its our own people.

    I agree we need to do something big to end never-ending regression.

    Let us organise:
    "WORK-ROUND-THE-CLOCK non-stop for 24 hours"

    This will generate lot of interest in media for the hard-working immigrant community

    It will get us support from our Employers/Managers & hurt none

    It is easy to organise at institution level- be it University, Hospitals/Corporate sector or R&D. I believe participation & effect will be much more than we expect. With little publicity -It may become a news of the day

    I tell you what= during our doctoral studies at a prestigious institute in india. we did this and it really worked

    WE can do some polling here and select a date for this event. I may say: Let us start this non-stop event a day-before THANKSGIVING DAY and end on the morning of thanksgiving day.





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  • grinch
    03-12 09:58 AM
    great work all of you guys, my choice was between grinch's and thirdworldman. i voted thirdworldman, but i just wanna say i know grinch hasn't done this a lot, so i think you've done an excellent job man :thumb:

    aw thanks man, appreciate the compliment!



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  • ComputeCompute
    07-22 06:39 PM
    Did Amendment 4319 not pass? So what happened?

    :confused:





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  • snathan
    04-03 11:57 PM
    tens of people who come out and attack them on why they need money all the time. But they still go ahead and do it. The reason being for every 10 who ridicule the idea, there are 20 who support it.
    I really admire the perseverance the core shows in moving forward.

    If everything seems to be tied to donations, this is because everything needs money. You know ,keeping up this website needs money. Lobbying needs a lot of money. The other day, some one pulled the info from a public website and said 500,000$ have been already spent on lobbying. I am sure more than 90% is probably contributed y less than 5% of the members. I am not one of those 5% even remotely.

    Ignore teli and Sanju. You donot need their express approval to move forward. You know why they pick on you ? Because tyou just come and expect to be welcomed as heroes for any idea you have. You need to earn those stripes, then people will follow you.
    Tak one Idea. Do something with it. YOu may not get a positive result in the end , but your effort will be appreciated and people will be more receptive to your next idea.

    Well said...every now and then some one will pop up with some questions and attack on IV and core... Typically it used to be like this

    1. Coming up one proposal with no proper plan
    2. Attack on core and asking what the core is doing all these days...?
    3. What is preventing core from doing this and that...?

    Dont you guys understand that core members also volunteer, they do have their full time job and family. If you believe in something you need to lead the effort. You can not expect others to work and execute your half baked ideas. Come up proper plan and convince others. Otherwise actively take part in IV issues, join state chapter. Contribute more time if you can not contribute money. Build your reputation and others will follow you.

    See this Guy who op-ed this thread...once in a week/two he comes here for time pass. He is questioning everyone and advocating to contribute for the recapture though he is not even contributing a penny so far. Dont you think its funny.



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  • kaisersose
    08-09 03:25 PM
    My wife is on L-1 currently and has an approved H-1b petition from company B which is a "change of status" effective October 01.

    We would like to stick to the L-1 for some more time and from what I gather one way of doing it is for her to travel out of the country and move back in.

    What other options do we have?

    Thanks





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  • sw33t
    05-27 07:56 PM
    There seems to be a lot of misconceptions on what to do when stopped by CBP (Customs & Border Protection), colloquially known as "Border Patrol".

    Border Patrol Agents are federal agents and answer to no state/local authorities except their own. Despite misconceptions on their authority and the civil rights issues of road blocks, Border Patrol agents are authorized to detain and make arrests based on the following -

    a. Inability to establish identity
    b. Inability to establish immigration status
    c. Trafficking - Narcotics, Weapons, Tobacco, Alcohol etc. etc.
    d. Detain/arrest felons with federal warrants
    e. Enforce laws related to trade agreements/customs

    As far as what gives the CBP the right to stop/search you,

    Search Authority (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=Jt4f8Uyj&p_lva=74&p_li=&p_faqid=25&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MiwyJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUgxQg**)

    "The Congress of the United States has given U.S. Customs and Border Protection broad authority to conduct searches of persons and their baggage, cargo, and means of transportation entering the United States. This authority is contained in Title 19 of the United States Code, Sections 482, 1467, 1496, 1581, and 1582. For further information please visit the Inspections Section on the Customs and Border Protection website. "

    As far as making photocopies (Colored / B&W), pre-June 1st, 2009, the law clearly stated that photocopies of official US documents cannot be used as proof of valid status. If you read through most official US documentation (fine-print), you will see this printed. Aside from being charged from counterfeiting US documents for purposes other than official purposes (application to a US agency), Border patrol will reject such documentation. The only exception after June 1st, 2009 is the following -

    "June 1, 2009: ALL persons*, including U.S. citizens and Canadian citizens over the age of 15, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), will be required to present a valid passport or other document such as passport cards, NEXUS or SENTRI cards, or driver's licenses that meet certain security requirements. Children 15 years of age and younger are exempt from the passport requirement, although they will be required to have copies of their birth certificate. (The copy does not have to be certified, xerox copies are ok, but certified is always better.) Teens between the ages of 16-18 who are part of an adult-supervised school, religious, cultural, or athletic group, are also exempt from the passport requirement if traveling by land or sea."

    You will be detained if the Border Agent decides that there is enough suspicion to do so but it is up to the discretion of the agent. Technically, you are supposed to carry documentation, IN ORIGINAL. Some exceptions are those who have a valid Driver's License from states who have implemented the "REAL-ID" act.

    This is the official FAQ on what you need to carry by the CBP. (PLEASE READ THROUGH IT).

    Documents to carry while traveling (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=572)


    And please, DO NOT LIE when being questioned. Getting pulled over by authorities can be a nervous experience but always take a deep breadth before you answer a question. Agents are trained to spot physical signs of an individual concealing the truth. YOU WILL BE DEPORTED if you do so & denied entry for 10 yrs.

    When stopped, hit the emergency blinkers and place your hands on the steering wheel and ask the occupants to not make any sudden moves. If you are carrying documentation, let the agent know the same and tell the agent where it is located and seek his approval before reaching out to get the documentation.

    What to do if you wish to file a complaint because a CBP officer was unprofessional/rude?

    File a Complaint (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=MIxTbUyj&p_lva=572&p_li=&p_faqid=29&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NCw0JnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PXJ1ZGU*)

    For more unofficial information on road blocks, the "Roadblock Registry" is an independent website that documents the politics of "Road blocks" in the US.

    http://www.roadblock.org/whattodo.htm


    Most of all, please drive safe and don't drink & drive near the border.



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  • yetanotherguyinline
    05-15 04:26 PM
    I agree this is a bad year but this was an article from 2006. I also completely agree that people need to pursue M.B.A with the aim of improving their skills or with a aim of improving their marketability or future career growth but then once you pay the big bucks it alwyas filters down to ROI. But spending 2 years of one's life at a full-time school shelling out 100's of thousands of dollars (especially if it is out of their own pocket) will make sense only if one can justify the investment in terms of dollars. People expect sunk costs to be recovered in the future. Investment banking and finance offered that opportunity to M.B.A professionals where they could draw anywhere between $300k-450k in base salary alone apart from millions of dollars in bonuses. Going into the future, the current socialistic government will keep tabs on such exuberant pays.

    I weighed all these when deciding to start part-time. I always wanted to be a Mechanical Engineer and I want to be associated with my field for rest of my life. My intent of pursuing M.B.A is to move up the ladder quickly in Engineering/Technology Management.

    You nailed it when you said you want to be in your field and you need an MBA to move up. My argument was that ROI should not be the major factor but reasoning as you mentioned above should be.





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  • vamsi_poondla
    09-26 12:36 PM
    Excellent coordination...





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  • ozone123
    07-16 09:25 PM
    Just posted this reply at http://www.numbersusa.com/helpform

    Hello,

    I happened to come across your fax initiative "Ask your Members of Congress to oppose the SKIL Act H-1B increases".

    Seems like you have got many facts wrong.
    I'm surprised that an advocacy group as yours would try to make statements that would dilute your own credibility.

    Below are some corrections,

    "(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies."

    The above statement is a matter of perspective. People can still come on visitor visas and have babies here.In any case, I personally do know of people who have gone back to their own countries to have their babies.

    "(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers."

    The above statement in COMPLETELY incorrect.
    Everyone on H1-B is required to pay federal, state, medicaid, Social Security and other taxes that any other native employee would pay.
    On the other hand, H1-B employees dont stand to gain from the Social Security when they relocate back to their country after 6 years.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    This is incorrect too.H1-B requires labor clearance and specific skills, even for h1-b transfers.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    You got to be kidding.There is no such thing.
    I would appreciate it if you can quote any official source of this info.


    Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
    The trust will be out soon.

    Sincerely.
    XXXXX





    javadeveloper
    12-11 11:52 AM
    All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA.

    Everyone goes to Bank and do transactions , that doesn't mean that we only need Bank and Bank doesn't need us and our deposits.





    johnwright03
    07-01 09:38 AM
    06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.



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