Important - Please do not support the AILF Class Action Lawsuit

[MA_Labor]

Please do not support the AILF Class Action Lawsuit

I do not see the justification for the lawsuite. Here are my reasons:

Chain of events leading to the July Visa Bulletin Update:

1. In the beginning of this year, USCIS realized that due to their conservative approach in handling retrogression, 10,000 visa numbers remained unused in the fiscal year 2006. Ombudsman's annual report addressed this.

2. In May 2007, USCIS realized that almost 50% of the 140,000 visa numbers for 2007 fiscal year reamined unused. This cased them to move the priority dates drastically in June 2007 Visa Bulletin.

3. In June, both NSC and TSC started by requesting approx. 10,000 visa numbers each. They ran out of these numbers pretty quickly so they requested another batch.

4. While the above was going on, it was time for DOS to release the July Visa Bulletin. At that point since USCIS had only requested 20,000 visa numbers and there were still over 40,000 visas available, DOS decided to make all EB categries current.

5. In the middle of June, TSC and NSC received their second batch of 10K visas each, which they ran out of pretty quickly too. By this time USCIS realized that they still had thousands of pending cases in the pipeline. Aware of the July scenario where they would get inundated by new applications, USCIS decided to go ahead and utilize all the remaining visa numbers for fiscal year 2007. In the final days of June, USCIS approved/ assigned visa numbers to 25,000 pending cases.

6. Since visa numbers for 2007 were exhausted, USCIS requested DOS to issue an update to the July Visa Bulletin, so that they do not have to accept new application in July.


Outcome:

Positive:
Majority of the backlog has been cleared. Severe retrogression is not expected in future.

Negative:
People expecting to file 485 in July are not able to do so. But most likely they will be able to do so in October.


Possible outcome after the AILF lawsuit

Positive:
USCIS will be forced to accept new applications in July.

Negative:
USCIS might cancel 25,000 485 applications approved in the last days of June. This would add to asevere backlog. Processing time for 485 and all other applications is bound to get pushed back.

 

[VKM0622]

Man;
You 485 is filed and you have used AC21 and you want nobody should file 485.
How selfish people can get...I can not imagine?

Please do not support the AILF Class Action Lawsuit

I do not see the justification for the lawsuite. Here are my reasons:

Chain of events leading to the July Visa Bulletin Update:

1. In the beginning of this year, USCIS realized that due to their conservative approach in handling retrogression, 10,000 visa numbers remained unused in the fiscal year 2006. Ombudsman's annual report addressed this.

2. In May 2007, USCIS realized that almost 50% of the 140,000 visa numbers for 2007 fiscal year reamined unused. This cased them to move the priority dates drastically in June 2007 Visa Bulletin.

3. In June, both NSC and TSC started by requesting approx. 10,000 visa numbers each. They ran out of these numbers pretty quickly so they requested another batch.

4. While the above was going on, it was time for DOS to release the July Visa Bulletin. At the point since USCIS had only requested 20,000 visa numbers and there were still over 40,000 visas available, so DOS decided to make all EB categries current.

5. In the middle of June, TSC and NSC received their second batch of 10K visas each, which they ran out of pretty quickly too. By this time USCIS realized that they still had thousands of pending cases in the pipeline. Aware of the July scenario where they would get inundated by new applications, USCIS decided to go ahead and utilize all the remaining visa numbers for fiscal year 2007. In the final days of June, USCIS approved/ assigned visa numbers to 25,000 pending cases.

6. Since visa numbers for 2007 were exhausted, USCIS requested DOS to issue an update to the July Visa Bulletin, so that they do not have to accept new application in July.


Outcome:

Positive:
Majority of the backlog has been cleared. Severe retrogression is not expected in future.

Negative:
People expecting to file 485 in July are not able to do so. But mot likely they will be able to do so in October.


Possible outcome after the AILF lawsuit

Positive:
USCIS will be forced to accept new applications in July.

Negative:
USCIS might cancel 25,000 485 applications approved in the last days of June. This would add to asevere backlog. Processing time for 485 and all other applications is bound to get pushed back.

 

[MA_Labor]

Man;
You 485 is filed and you have used AC21 and you want nobody should file 485.
How selfish people can get...I can not imagine?

That was pretty quick. Did you even read my entire post?

I think you are being selfish. What about those people whose 485 might get cancelled? They have been waiting for more than 5 years.

 

[VKM0622]

If they have got their GC right way why their GC will be cancelled? We are not saying do anything to them. Just we want our application accapted..since we have spent thousands of $ in getting ready application. Man do not think about you..You are already in pipeline...whoever have got GC they are also ok..Only looser are people who were applying 485 July...still for your sake you want nobody should fight for injustice what they have done to us. Think if you have gone through this? What a pathetic situation...

 

[MA_Labor]

If they have got their GC right way why their GC will be cancelled? We are not saying do anything to them. Just we want our application accapted..since we have spent thousands of $ in getting ready application. Man do not think about you..You are already in pipeline...whoever have got GC they are also ok..Only looser are people who were applying 485 July...still for your sake you want nobody should fight for injustice what they have done to us. Think if you have gone through this? What a pathetic situation...

I am not talking about myself. My GC has not been approved so I too have to wait for 2008 numbers to be available in October. If you wait until october, you application might get in there too.

How else do you envision USCIS accepting your application? They have already run out of visa numbers for this year. Unless the approvals in June get revoked and they have those visa numbers available. Think about it. I also urge you to read all the clauses in the lawsuit. Only support it, if you think you will benefit from it in the long run.

Good luck!

 

[nyc8300]

USCIS wasted 185,000 visas from 2000

USCIS wasted 185,000 visas from 2000.
If USCIS was straightened out earlier you may have benefitted long back.
Read NY times on sunday. This is not about benefits to you vs. me.
At some point, you need to say enough.

 

[MA_Labor]

Agreed, but this time you are fighting them for using all the visa numbers

 

[Jackolantern]

If those 25,000 people were current in June and had the other two security checks completed (IBIS and ADENT), there is no basis to cancel their green cards, and attempting to do so would result in a deluge of lawsuits.

The only thing the lawsuit can hope to accomplish is to force the USCIS to accept I-485 applications that arrived in July.

 

[gc_game]

See the story from both angles.

I think you are right atleast people in the line are getting their GC faster and our turn will also be there as this backlog is reducing.I was never happy to see everything becoming current,it pedicts another big backlog with people from 2002-2007.They shud approve small slots and no waiting.
Mine is a along wait too but I strongly as a common man believe in FIFO

PD -May 2004

 

[MA_Labor]

If those 25,000 people were current in June and had the other two security checks completed (IBIS and IDENT), there is no basis to cancel their green cards, and attempting to do so would result in a deluge of lawsuits.

The only thing the lawsuit can hope to accomplish is to force the USCIS to accept I-485 applications that arrived in July.

Not true. This lawsuit also questions the legality of approving 25,000 cases on June 29 and 30.

 

[Jackolantern]

Not true. This lawsuit also questions the legality of approving 25,000 cases on June 29 and 30.

And what could be illegal about that, if they were current throughout June?

 

[nyc8300]

Not true. This lawsuit also questions the legality of approving 25,000 cases on June 29 and 30.

MA_Labor,
I don't know what ur personal situation is or your case is. Do you have any particular problems with you GC case. You seem bothered beyond normal levels.
If you think courts will reverse GC's, they can also reverse approved GC's.
Don't be over impatient. The only thing that will happen is a clan up of USCIS's inefficiencies.
Maybe they start giving everybody EAD's even if numbers are unavailable in the future. Should be better for everybody in future. I guess you don't want that...

 

[gc_chahiye123]

Negative:
USCIS might cancel 25,000 485 applications approved in the last days of June. This would add to asevere backlog. Processing time for 485 and all other applications is bound to get pushed back.

why do you say this? If they approved 25K 485 applications over a weekend, they can certainly do it again over the course of the next 3 months, this time properly. The court can also order them to do that. So visa numbers are also not lost and there is no addition to the backlog!

 

[MA_Labor]

MA_Labor,
I don't know what ur personal situation is or your case is. Do you have any particular problems with you GC case. You seem bothered beyond normal levels.
If you think courts will reverse GC's, they can also reverse approved GC's.
Don't be over impatient. The only thing that will happen is a clan up of USCIS's inefficiencies.
Maybe they start giving everybody EAD's even if numbers are unavailable in the future. Should be better for everybody in future. I guess you don't want that...

Let me tell you this buddy, my personal situation is better than your's. So STOP with the nonsense of making personal attacks.

 

[MA_Labor]

All the visa numbers for FY2007 have been made available so they are not going to approve another 25K in the next 3 months

why do you say this? If they approved 25K 485 applications over a weekend, they can certainly do it again over the course of the next 3 months, this time properly. The court can also order them to do that. So visa numbers are also not lost and there is no addition to the backlog!

 

[gc_game]

guys stop fighting

I am seeing after this july visa scam,we guys are fighting among ourselves,if some one gives any suggestion( bad or good) we should think that this person is putting his/her own point of view .In this time of crisis one should keep cool and think that everybody in this Forum is waiting for GC.One side we talk about Gandhigiri on the other hand we can not stop accusing others of being selfish.We all common people dealing with dirty politics

 

[rak1974]

I see where you are coming from.. However, I don't see why forcing USCIS to accept 485 applications will result in cancellation of 25000 approved applications. Visa numbers are not utilized by accepting an application.

All the visa numbers for FY2007 have been made available so they are not going to approve another 25K in the next 3 months

 

[MA_Labor]

On what grounds do you think USCIS will be forced to accept all 485 applications filed in July? How can they possibly accept new applications when there are no visa numbers available? If they accept new application irrespective of the unavailability of visa numbers, what is stopping them from keeping the dates current for ever? What's the point of enforcing cutoff dates? Ponder.

Don't you guys see it? Why is AILA so quick to take action in this case while we've been suffering for so long? This involves the attorney fees. They don't care about you. After your applications are filed and the've got their fees they'll forget all about you like they did for us.

 

[nyc8300]

Let me tell you this buddy, my personal situation is better than your's. So STOP with the nonsense of making personal attacks.

Your situation is better so eitni phatti kyo hai tumahri? Phattu ho!

Gandhigiri makes more sense. Law suit is already in. Leave it to your and USCIS's luck!

 

[gc_in_us]

Hope USCIS does not waste 25K if law suits wins

I have seen a case where a 485 is approved which actually applied in 2007. So the way USCIS has made the approvals does not make a sense as every one feels in this forum.

Lets see a Law suit wins against USCIS and court directs USCIS to

1. Accept 485s from all applicants
2. Cancels 25K approved cases?

If these 25K approvals are canceled and these should not go waste. If USCIS takes its own time to process 25K then some of these guys will eat up 2008 quota. If that happens we will be in more trouble. But we may get our EAD.

The court may question 45K cases which have been approved by May 1st because all these are approved in rush. What if the court see some irregularities in 45K approvals. I hope the law suit does not create more issues and complications to all of us who are tired and frustrated

I DO NOT WANT SOME VISA NUMBERS TO GO WASTE AGAIN FROM 2007 QUOTA.

PS: I could not file my 485 because of USCIS July 2nd shocking surprise.