nixstor
04-13 10:15 PM
IT and BPO outsourcing is also leading to Americanization of Indian youth and Indian youth are spending their high salaries on American products. In no time you will see American fast food chains, groceries, and many American MNCs cashing on a Americanized Indian crowd and neutralize ( and will eventually exceed the investments they make).
This is the beginning of Americanization. Most of you will not understand what I say because you are here in US for a long time and being first generation immigrants (on a limbo) keep up with your tradition. Americanization is like a slow bleed. IT and BPO is investment. Returns will come in form of MNCs and businesses and finally benefit American economy.
Just go back to India and look into the ITand BPO companies and lifestyles of people there. it will be 5 times higher than what we follow here as the Americanization is already induced.
Bottomline, do not underestimate America. They know what they do.
I share your thoughts. There are a multitude of sectors/issues that are mimicking the American style. With the advent of ICICI, any body can pretty much walk in and get a loan with a 30 yr EMI. Imagine the number of people losing jobs in India, both at Multinational and local companies providing services if the economy tanks here. What are people gonna do with home loans they signed up for 30 yrs or what ever? Fore closures on a grand scale?? Indian economy has been going up.. up and up due to software services and BPO sector. With out any manufacturing, infrastructure building up it would be very difficult for Indian economy to sustain growth or level out gracefully when hit hard. IMHO, Just being the back office of the world will not get India on par with US.
This is the beginning of Americanization. Most of you will not understand what I say because you are here in US for a long time and being first generation immigrants (on a limbo) keep up with your tradition. Americanization is like a slow bleed. IT and BPO is investment. Returns will come in form of MNCs and businesses and finally benefit American economy.
Just go back to India and look into the ITand BPO companies and lifestyles of people there. it will be 5 times higher than what we follow here as the Americanization is already induced.
Bottomline, do not underestimate America. They know what they do.
I share your thoughts. There are a multitude of sectors/issues that are mimicking the American style. With the advent of ICICI, any body can pretty much walk in and get a loan with a 30 yr EMI. Imagine the number of people losing jobs in India, both at Multinational and local companies providing services if the economy tanks here. What are people gonna do with home loans they signed up for 30 yrs or what ever? Fore closures on a grand scale?? Indian economy has been going up.. up and up due to software services and BPO sector. With out any manufacturing, infrastructure building up it would be very difficult for Indian economy to sustain growth or level out gracefully when hit hard. IMHO, Just being the back office of the world will not get India on par with US.
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coolman
08-25 06:07 PM
Voted..after logging in
dhirajs98
06-28 02:03 PM
my pd is march 07. my agency told me they converted my I 140 into premium on june 18.But my case status still hasn changed from 'RECIEVED N PENDING". Is there any delay by the uscis usually in changing the status?
Can somebody please clarify?
My RFE response to the I-140 PP was sent on June 7th but I have received anything from USCIS. Status on theor wesite is still old. Its almost 3 weeks after I sent the response to the RFE. I am not sure what is going on w/ USCIS these days. They have taken money to process it in premium but it seems they don't bother to complete case in 15 working days anymore.
Can somebody please clarify?
My RFE response to the I-140 PP was sent on June 7th but I have received anything from USCIS. Status on theor wesite is still old. Its almost 3 weeks after I sent the response to the RFE. I am not sure what is going on w/ USCIS these days. They have taken money to process it in premium but it seems they don't bother to complete case in 15 working days anymore.
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miguy
06-18 03:37 PM
thanks for your replies desi3933........is there any way one one can apply for H4 extension/stamping at the consulate based on the receipt of the H1b extension filing ?
more...
desi3933
06-24 09:37 PM
desi3933 is right.
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status
This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
SertaSheep -
See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.
The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.
The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.
Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.
There are actions "missed" by Employers. But, that is beyond the scope of current discussion.
I will be writing a detailed note on how to handle out of status issues.
desi3933 at gmail.com
Not a legal advice.
----------------------------------
Green Card holder since May 2002
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status
This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
SertaSheep -
See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.
The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.
The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.
Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.
There are actions "missed" by Employers. But, that is beyond the scope of current discussion.
I will be writing a detailed note on how to handle out of status issues.
desi3933 at gmail.com
Not a legal advice.
----------------------------------
Green Card holder since May 2002
chnaveen
06-20 04:44 PM
Hi,
I am writing this on behalf of a friend whom I helped him in e-filing his EAD& AP Renewal.
I too had the same situation. Before it gave this message, it gave a warning, Middle Name is not entered. Since it was a warning, I ignored it and went to the next screen, but there it gave the same message as you got "are still suggested fields not completed on the following forms".
I veryfied each and every field and tried 3/4 times, but every time the same message, out of frustration, I just some middle initial and submitted, then it worked.
But actually there is no middle name in my name. But the form got submitted with the confirmation.
I called the USCIS and told them about the same problem, they asked to submit a letter asking for correction of the name along with supporting documents. SO I have submitted the same.
Actually I have applied both EAD and AP e-file simultaneously. Both are Renewals.
I have received the receipt for EAD, but not for AP. Also recieved the FP notice for EAD.
I called USCIS again, said about not received the AP receipt notice. They said, they have mailed it. but I said about the middle name problem and said not received yet. They said since I submitted a letter for correcting Name, that will take care of it. For not receving the Receipt notice for AP, they said, they will mail a new one.
Exactly after one month(Whichi is yesterday), I have received the replacement Receipt Notice of AP, but suprisingly the receipt number on this is mentioned the actual Receipt number of the EAD, but clearlt mentioned this application is of Case Type I-131. So I called USCIS again and said about the wrong receipt number, they gave me a confirmation number on the case and said, wait for 45 days and call then if I don;t receive any update on this.
I am trying to efile an AP application right now. It always says following lines at the end of 131 form step.
Note:There are still suggested fields not completed on the following forms:
I really do not know as to why its doing so. I have checked several times that I have not left any field blank that is required. Did somebosy also see the same issue ?
Thanks
I am writing this on behalf of a friend whom I helped him in e-filing his EAD& AP Renewal.
I too had the same situation. Before it gave this message, it gave a warning, Middle Name is not entered. Since it was a warning, I ignored it and went to the next screen, but there it gave the same message as you got "are still suggested fields not completed on the following forms".
I veryfied each and every field and tried 3/4 times, but every time the same message, out of frustration, I just some middle initial and submitted, then it worked.
But actually there is no middle name in my name. But the form got submitted with the confirmation.
I called the USCIS and told them about the same problem, they asked to submit a letter asking for correction of the name along with supporting documents. SO I have submitted the same.
Actually I have applied both EAD and AP e-file simultaneously. Both are Renewals.
I have received the receipt for EAD, but not for AP. Also recieved the FP notice for EAD.
I called USCIS again, said about not received the AP receipt notice. They said, they have mailed it. but I said about the middle name problem and said not received yet. They said since I submitted a letter for correcting Name, that will take care of it. For not receving the Receipt notice for AP, they said, they will mail a new one.
Exactly after one month(Whichi is yesterday), I have received the replacement Receipt Notice of AP, but suprisingly the receipt number on this is mentioned the actual Receipt number of the EAD, but clearlt mentioned this application is of Case Type I-131. So I called USCIS again and said about the wrong receipt number, they gave me a confirmation number on the case and said, wait for 45 days and call then if I don;t receive any update on this.
I am trying to efile an AP application right now. It always says following lines at the end of 131 form step.
Note:There are still suggested fields not completed on the following forms:
I really do not know as to why its doing so. I have checked several times that I have not left any field blank that is required. Did somebosy also see the same issue ?
Thanks
more...
n2b
08-15 12:18 PM
It would give some idea I think
http://www.usvisahelp.com/art_intent.html
In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment
Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.
For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?
http://www.usvisahelp.com/art_intent.html
In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment
Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.
For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?
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sanju
01-22 12:10 AM
My PD and category is correct. I'll correct everything else.
Thanks xyzgc, maybe we can team up to request others to add correct data. It will help us all. What say?
.
Thanks xyzgc, maybe we can team up to request others to add correct data. It will help us all. What say?
.
more...
ivar
08-11 09:46 AM
You were the first one to report this bulletin which brought good news to me as i am now able to file I-485. Give you green.
Dont know if is authentic
Pederson Immigration Law Group, P.C. - Priority Dates Progress - September Visa Bulletin Announced! (http://www.usvisainfo.com/content/view/166/1/)
Dont know if is authentic
Pederson Immigration Law Group, P.C. - Priority Dates Progress - September Visa Bulletin Announced! (http://www.usvisainfo.com/content/view/166/1/)
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gc_coming
09-24 01:03 PM
Thanks Superdoc for your response. Can i continue working on EAD while my 485 is pending ?
This is what Murthy forum says. "Attorney Murthy : Well, if the I-485 is reopened and the USCIS agrees that it was wrongfully denied, then one should be fine. On the other hand, if the I-485 denial is reaffirmed, then the USCIS could take the position that the EAD was not valid for employment authorization and the person worked without valid documents and, therefore, violated status and could be subject to removal. If one has an H1B petition approval, then there is some possible backup H1B status, in case the I-485 denial is reaffirmed. It also can depend upon the language in the I-485 denial, and whether there is a specific revocation of the EAD in the denial."
In my notice it doesn't mention anything about EAD.
Thanks
This is what Murthy forum says. "Attorney Murthy : Well, if the I-485 is reopened and the USCIS agrees that it was wrongfully denied, then one should be fine. On the other hand, if the I-485 denial is reaffirmed, then the USCIS could take the position that the EAD was not valid for employment authorization and the person worked without valid documents and, therefore, violated status and could be subject to removal. If one has an H1B petition approval, then there is some possible backup H1B status, in case the I-485 denial is reaffirmed. It also can depend upon the language in the I-485 denial, and whether there is a specific revocation of the EAD in the denial."
In my notice it doesn't mention anything about EAD.
Thanks
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onemorecame
01-15 03:51 PM
Did you start your own company now?
what is diff between llc and s-corp and which one is good to start?
what is diff between llc and s-corp and which one is good to start?
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desidas
02-04 05:27 PM
Logiclife,
Please review this thread:
http://immigrationvoice.org/forum/showthread.php?t=17061&page=3
What are your thoughts now?
See how this guy is harassed at POE with AP travel.
Please review this thread:
http://immigrationvoice.org/forum/showthread.php?t=17061&page=3
What are your thoughts now?
See how this guy is harassed at POE with AP travel.
more...
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eb3_nepa
04-03 10:46 AM
Guys please excercise patience. IV and QGA is working VERY hard for our cause. People in IV are NOT our servants and they are NOT being paid by us. They are people like you and me who have full time jobs and full time spouses ;). Inspite of all this they are working nearly full time to get provisions for ALL of us. Our monetary resources are MINIMAL. To add to that we are not even Citizens in this country. Technically we have VERY LITTLE right to even ask for anything. IV members have overcome these odds and come remarkably far in these few months. I find it NO less than a miracle that we raised even close to 70K in 2 months.
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diptam
02-02 02:02 PM
1) I downloaded the form G-639 from USCIS website just now , after briefly going thru it seems like just I-140 approval copy should not go above $25 , may be less. However much complicated requests will add higher costs.
2) No, employer will not get to know. I dont think they sends anything like that to employer. After all you are the beneficiary of the I-140 petition. Its not that you are getting "Tax Returns for Company" by using 3rd party tools.
Rather moving forward USCIS should make it a rule that I-140 should be shared with the beneficiary as well. I-140 is meant ONLY and ONLY for you.
Hi Diptam and others, few questions about FOIA,
1) My employer does not want to share the original I-140 either, so i too want to apply via FOIA, do you know what is the cost of applying ?
2) If we apply, will the employer get to know ? does uscis send some notification to the employer that the employee requested a copy of I-140 approval notice?
Thanks, has anyone successfully got it back ?
2) No, employer will not get to know. I dont think they sends anything like that to employer. After all you are the beneficiary of the I-140 petition. Its not that you are getting "Tax Returns for Company" by using 3rd party tools.
Rather moving forward USCIS should make it a rule that I-140 should be shared with the beneficiary as well. I-140 is meant ONLY and ONLY for you.
Hi Diptam and others, few questions about FOIA,
1) My employer does not want to share the original I-140 either, so i too want to apply via FOIA, do you know what is the cost of applying ?
2) If we apply, will the employer get to know ? does uscis send some notification to the employer that the employee requested a copy of I-140 approval notice?
Thanks, has anyone successfully got it back ?
more...
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indianindian2006
10-01 07:12 PM
Absolutely wrong. Lot of misinformation here. You can very well apply for OCI for your child even if both of you are Indian citizens and the 4 steps mentioned above are just wrong. I would prefer OCI over PIO as mentioned in the other reply too, on PIO your child will have to register with the police station evry six months if stay is longer. OCI is valid forever while PIO is valid for 10 (or 5) years and OCI means you have all the rights but can't fight elections and vote.
In 2005 my first kid got an OCI as the rules were diiferent then but in 2009 the current rule is that one parent MUST be a US citizen and I had to take a PIO for my second kid in 2009.
Following is from the FAQ`s of Indian consulate at SFO
6. Are minor children whose both parents are Indian citizens eligible for OCI?
No.
In 2005 my first kid got an OCI as the rules were diiferent then but in 2009 the current rule is that one parent MUST be a US citizen and I had to take a PIO for my second kid in 2009.
Following is from the FAQ`s of Indian consulate at SFO
6. Are minor children whose both parents are Indian citizens eligible for OCI?
No.
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summitpointe
08-27 12:03 PM
PA,
If you go for reneval you should have atleast one year validity in your I-94. Other wise they may not extend.
NJ,
You can get 90 days extn by explaining the situation
If you go for reneval you should have atleast one year validity in your I-94. Other wise they may not extend.
NJ,
You can get 90 days extn by explaining the situation
more...
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inthehole
08-22 02:40 PM
I am working on EAD and current one is expiring on Sep 26. I got an RFE for photos and it was received on Aug 7th.
I called last week Aug 15th and requested to expedite the process. I got an email two days back saying that my request was accepted and will get the decision within 14 days.
I been trying to get the infopass appoinment since past 2 weeks but so far I havn't been able to get any appointments.
I am keeping my fingers crossed and waiting.
Can I go to a different city to get an infopass appoinment ?.
I called last week Aug 15th and requested to expedite the process. I got an email two days back saying that my request was accepted and will get the decision within 14 days.
I been trying to get the infopass appoinment since past 2 weeks but so far I havn't been able to get any appointments.
I am keeping my fingers crossed and waiting.
Can I go to a different city to get an infopass appoinment ?.
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vivache
09-22 03:36 AM
Yes .. if people are pumped up now, we have the media looking in, we should push with all we have. No point making this a 5 year Plan.
Let's think 3 months and max mileage/reach.
Let's think 3 months and max mileage/reach.
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bostonqa
06-18 12:36 PM
remember folks, this will be a recurring theme for few years.
what I mean by that is, everyone who gets there EAD and AP due to this huge movement, will be applying for renewal in exactly 6 months, so there will be waves of applicants.
I'm assuming that almost all of the recent filers of 485 wont get there Green Card and hence will have to keep renewing there EAD's
it might be a smart thing to ask for less time EAD (is this possible)
so instead of asking 1Yr valid EAD, ask for 9 months EAD.
and since you can apply 6 months before expiry you will be eligible to file for EAD renewal in 3 months (when there will be less crowd)
what I mean by that is, everyone who gets there EAD and AP due to this huge movement, will be applying for renewal in exactly 6 months, so there will be waves of applicants.
I'm assuming that almost all of the recent filers of 485 wont get there Green Card and hence will have to keep renewing there EAD's
it might be a smart thing to ask for less time EAD (is this possible)
so instead of asking 1Yr valid EAD, ask for 9 months EAD.
and since you can apply 6 months before expiry you will be eligible to file for EAD renewal in 3 months (when there will be less crowd)
CADude
05-22 02:11 PM
Luck is supreme with USCIS. :)
If your lucky no date matters it will be approved any time
If your lucky no date matters it will be approved any time
sayantan76
07-02 09:38 AM
last time i posted this idea everyone ridiculed.
Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..
But that is not the point.
The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
i am not a lawyer but i think that when you pay a processing fees to apply for a privilege (drivers license, business permit, visa, green card etc) from the appropriate statutory authority (DMV, USCIS, Dept of Commerce etc) - the payment of fees does not make you the customer of the statutory authority - so to the extent that USCIS has not broken a law to discriminate against a particular set of applicants (class) - a class action may indeed have no merit.
However, if it can be proved that there has indeed been gross negligence or that USCIS has not followed its own established procedures, made commitments but not honored those, lied or broken the law of the land - then there may be a case.......
another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.
Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..
But that is not the point.
The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
i am not a lawyer but i think that when you pay a processing fees to apply for a privilege (drivers license, business permit, visa, green card etc) from the appropriate statutory authority (DMV, USCIS, Dept of Commerce etc) - the payment of fees does not make you the customer of the statutory authority - so to the extent that USCIS has not broken a law to discriminate against a particular set of applicants (class) - a class action may indeed have no merit.
However, if it can be proved that there has indeed been gross negligence or that USCIS has not followed its own established procedures, made commitments but not honored those, lied or broken the law of the land - then there may be a case.......
another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.
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