Thursday, June 23, 2011

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    07-09 02:26 PM
    FOR IMMEDIATE RELEASE



    Azulay Horn & Seiden, LLC Files Class Action Law Suit against the US Government for Refusing to Accept Green Card Applications



    Chicago (July 9, 2007) � In the shadow of the debate about comprehensive immigration reform tens of thousands of skilled employment based immigrants awaiting their opportunity to legally apply for green cards have been unfairly denied the opportunity due to potential deliberate miscommunication � and an attempt to collect higher filing fees � from the U.S. Department of State and the and U.S. Citizenship and Immigration Services (USCIS), the agency that processes visa and citizenship requests.



    On June 12, the State Department announced in its monthly Visa Bulletin that beginning July 2 and for at least the entire month of July, all skilled workers seeking employer-sponsored green cards would be eligible to apply. However, on July 2, the State Department announced that they were breaking with 30 years of tradition and issued an update claiming that no more green cards were available because �the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month.� USCIS followed and said that as a result they were going to reject the green card applications of anyone who applied relying on the July Bulletin. This meant that the thousands of immigrants who followed the government�s instructions and obtained the correct paperwork actually had no chance to receive a green card.



    In response, Azulay Horn & Seiden, LLC, the largest immigration law firm based in Chicago and fourth largest in the United States, on Friday July 6, filed a class-action law suit on behalf of its clients and all those like them, against Secretary of State Condoleezza Rice, the Department of State, Secretary of Homeland Security Michael Chertoff, the Department of Homeland Security, and USCIS, and Emilio Gonzalez, and F. Gerard Heinauer of USCIS for announcing that they would refuse to accept the green card applications on behalf of the skilled workers. The suit seeks a ruling that would keep applications filed in accordance with the original July Visa Bulletin from being rejected.



    Azulay Horn & Seiden is the first firm to act proactively and file a complaint. �These are legal immigrants who have followed all the rules,� explained Ira Azulay, CEO of the firm. �They are productive members of our society and deserve to be treated fairly by our federal government. The State Department and USCIS acted against their own rules and 30 years of historical practice when they updated the Visa Bulletin and reneged on their historical obligations. They need to be held accountable for their actions and do right by these people. Acting any other way sends the horrible message that following the rules is worthless.�



    The representative plaintiff in the case is Chicagoan Gabriela Ptasinska, a native of Poland who is lawfully present in the United States on a non-immigrant visa, working as a land planner with Manhard Consulting, Ltd. Given the Bulletin, Ptasinska and thousands of legal immigrants across the country worked to obtain the necessary documentation for their chance to receive a green card only to have it snatched away on July.



    �I am a law-abiding, hardworking member of American society and have worked relentlessly to lawfully become a permanent resident of America,� said Ptasinska. �Now I feel like the rug has been pulled out from under me. I held-up my end of the bargain by doing everything the government told me to do, but USCIS did not keep their word.�





    Mr. Azulay is available to discuss with the media the class-action suit and the impact of the government�s recent actions. A copy of the complaint in the matter of Gabriela Ptasinska, on behalf of herself and all others similarly situated v. U.S. Dept. of State, Condoleeza Rice, U.S. Dept. of Homeland Security, Michael Chertoff, U.S. Citizenship and Immigration Services, Emilio Gonzalez, and F. Gerard Heinauer, Case No. 07 C 3795, can be downloaded from Azulay, Horn & Seiden�s website at www.ahslaw.com. People interested in joining the class can also visit the website to provide their information.



    Azulay, Horn & Seiden, LLC (www.ahslaw.com) is Chicago�s largest immigration law firm and the fourth largest immigration firm in the country. AHS provides comprehensive US immigration legal services for businesses and individuals (including visa petitions, green card services, consular assistance, naturalization proceedings, immigration representation in all U.S. Courts, and appellate work), immigration consulting to businesses, as well as immigration related legal services (e.g. family law, criminal law). Its main office is located at 205 N. Michigan Ave., 40th Floor, Chicago, IL 60601, with other offices in Florida, Wisconsin, and Manila, Philippines. For more information contact them at 312.832.9200 or by email at info@ahslaw.com.





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  • apt7
    06-13 12:58 PM
    Let us analyze this thing in depth.

    a) According to the restriction which stops consulting

    New york city--- Desi Companies will be affected. They will not be able bring H1-B.

    CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
    I am just talking about NYC. These laborer comes from desi comapnies.

    With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.

    If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.

    You answer this


    This is true with ibm too. If all the desis leave ibm many highly funded projects will fail.





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  • eb3retro
    08-19 03:35 AM
    got my FP notice today..

    I485 RD - 7/2/2007
    ND - 8/3/2007
    FP Date - 9/04/2007 (FP Notice received 8/18/2007)
    Service Center - NE

    I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?





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  • kaisersose
    03-07 04:16 PM
    Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.

    When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.

    This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.



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  • sanjeev_2004
    11-21 11:22 AM
    May ask you why you joined this organization if you say that only sick people are frustrated with the delay in GC. By that logic all of us are sick people! I think your comment was made in bad taste and crticizes all the hard work this organization and its members are doing.
    I am sorry for it if you took my comment that way. I also realize that this organization is doing great. I only want to say be should not be sick because of just GC. you should be sick if you are not responsible for you wife and kids. you should be sick if you are not responsible for your family back in India. you should be sick if you are not responsible for your country. you could be most intellegent person in the world but if you are not responsible then you should worried. Richness, intelligency and responsibility is great combination but to be a great person you dont have to be rich and intellegent.





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  • Tito_ortiz
    02-13 03:56 PM
    His views are distorted.

    Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.



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  • sparky_jones
    03-12 08:30 AM
    This once again proves that most of the popular immigration attorneys and other parties claiming to have "inside" information really don't have much more access to information than the rest of us.





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  • rajimmigration
    06-11 09:58 PM
    Done



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  • uma001
    03-21 01:26 PM
    I replied to your message. Pls check it.





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  • coopheal
    07-02 07:03 AM
    Doing more than what IV suggest is good. If you personally take responsibility and make the online petition a success, great... and best luck.
    IV core has set their priorities after considerable thinking so please dont be upset if they dont involve in this.

    I agree and I support. maybe as some have said that online don't have the same impact ..but there is no harm in doing something extra. also, we will be able to get more supporters for online especially if we send the links to our respective friends, batchmates etc



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  • meridiani.planum
    03-14 12:26 PM
    It would be great if USCIS clarifies on interim EAD and what the applicant can do if a EAD application remain in pending status.


    there are no Interm EADs (stopped almost 2 years ago) and if the EAD is pending, then you need to stop working once your old EAD expires.





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  • nlssubbu
    09-24 01:52 PM
    Can you please provide the link ?
    I refered to USCIS website but did not find a mention of copies of DL.
    PLease advise.
    Thanks

    I do not think that copies of DL is necessary. Please double check with your attoney before sending them.



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  • DesiGuy
    09-10 11:08 AM
    thanks for the updates guys.

    mods/admin, can you pls allow chat access at least for the duration of this hearing...will be appreciated. thnks





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  • komaragiri
    08-29 05:52 PM
    This is totally wate of time. Please delete this thread.


    Let's not discuss on who is best and who is worst. Focus on the future action items for IV. Discuss more about those items, so that we all can get out of this mess and live happily.



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  • CR1
    04-15 10:42 PM
    I have been here about a year and am on an L1 with my wife and two children who are on L2s. We are thinking about starting the GC process. While I am sure this topic has been discussed many times before in this forum, what are the pitfalls, and how long does the process usually take? My understanding is it's relatively straightforward for L1s, however I have seen a number of posts talking of converting from L1s to H1s, so I am little confused as to which is the best visa to be on to apply for GCs.

    Many thanks.





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  • mirage
    02-06 10:38 PM
    ^^Bump^^



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  • PavanV
    06-10 02:00 PM
    If this law does pass, it will definitely will be bad for US economy, good for the world.





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  • snram4
    04-10 03:34 PM
    One of the main reason for EB3 in 2001 is From 2000 to 2003 they increased H1b from 65 to 180K. Most people came those time was BA, BSC and B TECH. So most would have applied by EB3 and also from 2000 more than 60% of H1bs were Indians. It may take a few more years to clear 2001 to 2003. But there could be some spill over from Eb2 in 2 years time. So from 2012 Eb3 may move fast. Still 7 to 10 years waiting period may not change unless some bil or CIR is passed. But it should be noted that H1B Cap applications received this year is around 13500. So past 2 years slow down will make PD to improve.

    We are looking at Annual Report of Immigrant Visa Applicants - http://www.travel.state.gov/pdf/WaitingListItem.pdf

    On Page 1. - "The petitions of applicants who will be processed at an overseas post are forwarded by CIS to the Department of State"

    Our Interpretation: As USCIS processes I140 Applications, and I140 Applications has Field for Consular Processing options, they would Direct those Applications to DOS Via Above Process.

    Question:
    Are this Numbers are total VISA demand recorded at DOS?

    Anybody other Views?





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  • eb3India
    06-12 03:12 PM
    why should anyone now listen to Bush, he just a lameduck at this point and don't bring his war funding victory, they just did'nt have any other choice but support brave soldiers and Bush know that

    My point is CIR starts and ends with illegal immigration our reforms are just a sideeffect which may or may not happen.

    what we need is a new stratergy which address our issues again I repeat our issue only, which means no H1B increase, just a system reform which ends retrogession.

    for which we don't need any law change, we need someone to held accountable for USCIS wasting as many as 40K visas, Everyone in this country is accountable and letz use it





    pcs
    04-21 08:10 AM
    Keep calling people to get active & contribute





    masouds
    02-16 10:16 PM
    If the Africans had just continued to abide by slavery, they would never have gotten their freedom, just because, "it's the American policy."

    I hate to break my own promise to shut up on this, and I hate to be your history teacher: African slaves in US didn't become free because they fought with their owners. They became free since President Lincoln decided that slavery had gone on a bit too long.

    When european immigrants walked into this continent and started hacking natives, they had firearm, they had the aggression and they had the numbers on their side. Which one of these do you (or we) have?

    Let's stop debating this, since this issue isn't going to be resolved here; You either get the next president/congress to abolish this part of immigration law, or ask the courts to force the government to do what you like.



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