PDA

View Full Version : Opinion-Any one filed AOS after July 2 or willing to file- any thoughts on filing.


pandu_hawaldar
07-11-2007, 10:13 AM
Please post here if you have filed AOS/EAD/AP after July 2nd or if you are willing to file before July 31st. I am posting this to get an opinion from people, bcoz I heard from my colleagues that if you will file and class action law suit result turns out to be positive then your application has chance to get accepted, but if you don't file in July and law suit result comes out to be positive then you can not file at that time.

Please post all your opinions in this regards, I know there are several candidates who are in this kind of situation.

Smart people, please don't urge on this thread to say that please close this thread, this issue is discussed somewhere else. If you are one, please this is not your place to jump in, try on some other thread.

pd_recapturing
07-11-2007, 10:19 AM
I am also in same dilemma. My lawyer is not recommending me to file AOS now. He says, there is abs no chance they will accept it. but at the same time, he says, its my call to decide. I am not sure. He will charge $1k again if I have to reapply it in Oct. What do you gous think esp there are some rumors that USCIS might accept July filers.

illinois_alum
07-11-2007, 10:22 AM
I am also in same dilemma. My lawyer is not recommending me to file AOS now. He says, there is abs no chance they will accept it. but at the same time, he says, its my call to decide. I am not sure. He will charge $1k again if I have to reapply it in Oct. What do you gous think esp there are some rumors that USCIS might accept July filers.
I just asked my lawyer to go ahead and file it - he will charge another $400 for re-filing if re-filing is required in a "short" term.

ashkam
07-11-2007, 10:24 AM
Rajiv Khanna says everyone should file in July regardless and I will probably listen to him, but then he is not going to recharge people who get rejected. If your lawyer is going to ask for money again, then you obviously have a more difficult decision to make.

pandu_hawaldar
07-11-2007, 10:25 AM
The reason to believe one thing that they are still not rejecting any application/package. If they want to do something against us, they might have done this sitting at the front door. This is what my thought is. I did not see any concrete case where in the application/package has been rejected recently for July filers and yes, lawyers are diplomatic in answering in this regard as their profession warrants them to be.

sledge_hammer
07-11-2007, 10:34 AM
My application was ready on the morning of July 2nd. After hearing the news at 10:30am, the attorney informed me that if I wanted to be counted in the class for the lawsuit, I should go ahead and let them mail the application. She also told me that the lawfirm will not charge again for second time filing. So I let them file it.

My application reached USCIS and accepted on July 3rd. The other reason why I opted to file is because my PD is recent, and the Oct bulletin may not be of any use to me!

sledge_hammer
07-11-2007, 10:35 AM
I thought I read Rajiv is going to charge "reasonably" in case the application has to be filed again.

Please double check.

Rajiv Khanna says everyone should file in July regardless and I will probably listen to him, but then he is not going to recharge people who get rejected. If your lawyer is going to ask for money again, then you obviously have a more difficult decision to make.

pd_recapturing
07-11-2007, 10:35 AM
My lawyer told me one interesting thing. He said, if USCIS takes time to reject my application and if in Oct bulletin, I am current , I will not be able to file. Does it make sense ?

ashkam
07-11-2007, 10:58 AM
I thought I read Rajiv is going to charge "reasonably" in case the application has to be filed again.

Please double check.

Right, he says if there is any extra work involved in refiling, he will charge some amt. If no changes are required, he might not charge extra. And he definitely won't recharge the full amt. Which is fine with me, I guess.

dilbert_cal
07-11-2007, 11:10 AM
The reason to believe one thing that they are still not rejecting any application/package. If they want to do something against us, they might have done this sitting at the front door. This is what my thought is. I did not see any concrete case where in the application/package has been rejected recently for July filers and yes, lawyers are diplomatic in answering in this regard as their profession warrants them to be.

They dont reject applications outright. There is a process they need to follow to Reject as well. They would need to open your packet, document the reason to reject, will be reviewed by another employee before the packet is sent back. Now, given that folks who had applied in June havent all have received their receipts - indicates that they surely have a backlog of applications as of now and are right now clearing off June applications. If they are following FIFO for once, we wont see any rejections and return of July applications until all June applicants are covered.

Unfortunately, there is no such thing as reject sitting at the front door. The process for rejection is also time consuming and unfortunately all of us have to wait another couple of weeks ( my own opinion ) before they start rejecting and sending it back. ( or taking any other action(s) )

pd_recapturing
07-11-2007, 11:18 AM
I just spoke to a USCIS customer service rep about the fate of July AOS applications. He was very polite and good listener too. He said, they are going to reject all those applications that are not current based on revised visa bulletin. I guess, he was reading instructions from a computer or something. He had no idea about any rumor or anything.

a_yaja
07-11-2007, 11:21 AM
I plan to file the I-485 application on my own as my company attorney is very slow. I intend to mail the packages (my spouse's and mine) to USCIS so that it reaches them on July 30th (with new fees). I am thinking that if it gets accepted, then I don't have to pay for AP/ EAD as long as my AOS is pending. If it gets rejected due to the July Bulletin, then atleast I will have proof that I applied.

Madhuri
07-11-2007, 11:43 AM
My lawyer left it to me whether to send it or not. I have decided to send it as she is not going to charge me except for mailing charges. Moreover my PD is recent and chances of it becoming current are very very slim.
If AILF wins the lawsuit, may be after 2 yrs or so, still it will be beneficial as with current processing speed I do not expect to be current after 2 yrs.

ilamurughu
07-11-2007, 11:46 AM
I am still waiting to hear from my attorney whether to file or not...

skd
07-11-2007, 11:47 AM
My lawyer left it to me whether to send it or not. I have decided to send it as she is not going to charge me except for mailing charges. Moreover my PD is recent and chances of it becoming current are very very slim.
If AILF wins the lawsuit, may be after 2 yrs or so, still it will be beneficial as with current processing speed I do not expect to be current after 2 yrs.

absolutly we spend so much money to get the papers ready for filing already, No point in not filing...even though we might have to do that again in 20 years :)

saurav_4096
07-11-2007, 11:52 AM
The reason to believe one thing that they are still not rejecting any application/package. If they want to do something against us, they might have done this sitting at the front door. This is what my thought is. I did not see any concrete case where in the application/package has been rejected recently for July filers and yes, lawyers are diplomatic in answering in this regard as their profession warrants them to be.


No Application can be rejected from the door. They receive lot of mails not only AOS applications. They have to open and review before they send it back.

Madhuri
07-11-2007, 11:58 AM
I read on some thread they have PO Box number assigned to each application.
So I guess they need not open the packages marked with PO Box for 485.

No Application can be rejected from the door. They receive lot of mails not only AOS applications. They have to open and review before they send it back.

sb724
07-12-2007, 12:10 AM
My attorney advising not to file in July and wait for PD, and also left to me to take final decision, if I want to file he will file now and will charge for refiling.
I am in confusion whether to file it or not.

kvranand
07-12-2007, 01:22 AM
My attorney gave me two options, i.e file or do not file. I instructed him not to file. I simply do not want to get into USCIS/DOS mess. I would wait untill this is resolved.

vivekm1309
07-12-2007, 01:24 AM
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.

Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.

Wanted to share this information as it may be helpful for you folks too ...

Vivek

ssbitla
07-12-2007, 01:47 AM
My law firm (One of the big ones) said they will honor the July 2nd revised bulletin and will not file the my application.. I sent her multiple emails and they confirmed that they are not filing for anyone after the revised bulletin came out..I guess i dont have a choice :(

vivekm1309
07-12-2007, 01:57 AM
This is what our lawyer firm is saying now ---

--------------------------------------------
Update on litigation

Since the revision of the July Visa Bulletin, there have been many discussions nationwide regarding filing a class action suit to force the government to accept all eligible filings for processing.

On Friday, July 6th, the first class action suit was filed in Federal District Court in Chicago, Illinois. This action seeks to provide relief to all individuals whose priority dates were current in June and/or July and who made an attempt to file their Adjustment of Status between June 29th and July 31st. The named plaintiff in this suit is an individual whose priority date was current in June and whose case was filed on June 29, 2007.

The American Immigration Law Foundation (AILF) is also preparing a class action suit. Previously, AILF indicated that only individuals who had made an attempt to file an Adjustment of Status case would be included as plaintiffs in its suit. As indicated in previous communications, XXXXXXXX does not believe that going through the futile act of filing, after the government has stated it won't accept any such applications, is required in order to get relief if the suit were to succeed. Littler Global, with others, have discussed this with AILF, which has resulted in them agreeing that their lawsuit will also represent people who do not attempt to file an I-485 in the month of July. However, because there will still be two separate classes, it is possible that those individuals who did not attempt to file will not receive the same form of relief as those who did make an attempt to file.

Additional lawsuits are currently in process. The chance of success of these lawsuits is speculative at best. While individuals preparing lawsuits generally agree that submitting an Adjustment of Status case to the CIS is not necessary to participate in these suits or to be eligible for relief, if a suit is successful. However, because we want to ensure that our clients are in the best possible position with respect to litigation, XXXXXXX is proceeding with your case with the goal to submit the application to the USCIS by the end of July.

sodh
07-12-2007, 02:02 AM
Jo dar gaya samjo mar gaya.

GCchakravyuh
07-12-2007, 02:11 AM
shame on the entire system.. and on the situation we are in today. We are already a victim of 2 years of retrogression. With so much frustration i am sure money is not an issue with most of us at this point.. but the real point is... if we send our apps after 'reading the july bulletin' are we not legally inviting a sure shot rejection?. even our attorney does not want to make a promise here. they say its our wish.. if we send now, they will encash their cheq and will not recharge in the need of refiling.. but the main challenge is at what point do we know we are rquired to refile and in which month... the tension is getting tighter[COLOR="Red"]... i hope attorneys are not misguiding us... they also have main agenda to encash their lingering cheqs soon, especially in an unclear future.

in case of PD current, can we refile in october, inspite of our pending , undecided july applications at INS???

sodh
07-12-2007, 02:27 AM
Weigh the options we pay $1000 for premium processing how much will a lawyer charge for refilling specially this is for the people whose employer does not want to file their I-485 application I know my employer did'nt want to, but my application was filed on July 2nd because my employer thought that my application will be rejected. but today who knows what will happen.

rama0083
07-12-2007, 02:37 AM
Weigh the options we pay $1000 for premium processing how much will a lawyer charge for refilling specially this is for the people whose employer does not want to file their I-485 application I know my employer did'nt want to, but my application was filed on July 2nd because my employer thought that my application will be rejected. but today who knows what will happen.

Fragomen, Del Rey, Bernsen & Loewy, LLP (Fragomen) of New York charged GE employees $4000 per person for preparation and filing of the Adjustment of Status to reach the USCIS :rolleyes: on July-02-2007. This was an option given to employees and they had to fly out on the weekend to sign the paperwork. The company (that has been bearing the cost of the green card processing) did not want to take on the cost of the accelerated filing and attorney hours worked on the weekend but many of the employees decided to take the chance.

I guess lawyers make money no matter what happens!

sodh
07-12-2007, 02:43 AM
.

sodh
07-12-2007, 02:45 AM
Fragomen, Del Rey, Bernsen & Loewy, LLP (Fragomen) of New York charged GE employees $4000 per person for preparation and filing of the Adjustment of Status to reach the USCIS :rolleyes: on July-02-2007. This was an option given to employees and they had to fly out on the weekend to sign the paperwork. The company (that has been bearing the cost of the green card processing) did not want to take on the cost of the accelerated filing and attorney hours worked on the weekend but many of the employees decided to take the chance.

I guess lawyers make money no matter what happens!

Ask the law firm how much will they charge for refilling.

tampacoolie
07-12-2007, 07:35 AM
May be we can gift-wrap our AOS application and attach some chinese cookies? Mail room guy will open it and receipt it since its gift wrapped.

rama0083
07-12-2007, 08:17 AM
Ask the law firm how much will they charge for refilling.

The law firm is not going to charge for refiling as the company has already paid them for the whole process. However, as I said, they charged $4000 to prepare applications over the weekend based on the rumor (subsequently proved to be true) that the July visa bulletin would be revised.

chanduv23
07-12-2007, 08:23 AM
My law firm (One of the big ones) said they will honor the July 2nd revised bulletin and will not file the my application.. I sent her multiple emails and they confirmed that they are not filing for anyone after the revised bulletin came out..I guess i dont have a choice :(

Be nice to them but put pressure. You have time, u can look for another attorney. Lot of people do it by themsleves.

mrdelhiite
07-12-2007, 08:24 AM
why u guys paying money to file 485. It is a easy form and can be easily done yourself .. save urself some money and do it urself
-M

Viktor
07-12-2007, 08:33 AM
Thats right. I realized it when I saw my filled I 485, I 765, I131 form the lawyer gave me. Its pretty simple. All you may need is to get your medicals back and a letter from your company about your employment in addition to the copy of your documents. This link should give you more details http://immigrationvoice.org/forum/showthread.php?t=5132

mrdelhiite
07-12-2007, 09:51 AM
Thats right. I realized it when I saw my filled I 485, I 765, I131 form the lawyer gave me. Its pretty simple. All you may need is to get your medicals back and a letter from your company about your employment in addition to the copy of your documents. This link should give you more details http://immigrationvoice.org/forum/showthread.php?t=5132


file it urself as given in the link. Save lots of money and contribute a part of it to IV.
-M

Filipo
07-12-2007, 12:07 PM
got this from one of law group...anyone seen similar like this?


Visa Bulletin Mess Update: Rumors and Innuendo

HLG has confirmed that the CIS is not returning I-485 Applications back to those who filed I-485 during the first week of July. This is leading many to speculate that the CIS may reverse course and re-re-amend the July Visa Bulletin; whether the Visa Bulletin actually reopens remains to be seen. HLG normally refrains from commenting on rumors, but we have talked to several Washington insiders and believe that this is seriously being considered.


What does this means for foreign nationals who planned on filing I-485s in July 2007?

HLG recommends that all foreign nationals who planned on filing I-485s in June take two actions:

1. Have your medical appointments completed. Medical appointments can back up quite quickly. Therefore we urge people to complete their medicals.

2. Send in your documents to HLG. HLGís I-485 Step By Step Guide has a list of documents that we need for all I-485 filing. HLG will not begin preparing the I-485 at this time, but we still recommend that you send us all of the items on the list.
HLG I-485 Step By Step Guide: http://www.hammondlawfirm.com/485step_by_step.htm


What does this mean for foreign nationals who planned on filing via Consular Processing?

We urge all foreign nationals to attend consular appointments. The Consulates are clearly issuing visa stamps to those with appointments.

sodh
07-12-2007, 12:31 PM
My law firm (One of the big ones) said they will honor the July 2nd revised bulletin and will not file the my application.. I sent her multiple emails and they confirmed that they are not filing for anyone after the revised bulletin came out..I guess i dont have a choice :(
keep all the emails that you requested them to file your application. If tommorow anything happens that the USCIS say that we are going to process all the july applications you have proof that you requested the law firm and you lost a chance due to their poor judgment.

abd
07-12-2007, 12:34 PM
I am planning to file 485 according to lawyers suggestion . My lawyers will not chanrge any fees if we have to refile .

I am thinking i don't have anything to loose by filing at this point.

anai
07-12-2007, 01:08 PM
keep all the emails that you requested them to file your application. If tommorow anything happens that the USCIS say that we are going to process all the july applications you have proof that you requested the law firm and you lost a chance due to their poor judgment.


You make a good point about document retention, but what's the purpose.

If you're right and they're wrong, what can do you with all the emails? Try to make them feel embarrassed by showing them all the old emails? They might just say, "yeah ok. It was a matter of judgment and we were wrong. Sorry."

rpulipati
07-12-2007, 01:11 PM
My attorney told me there will be very less benefits by applying for I-485 now.

However, based on Rajeev Khanna's suggestion, I'm applying for I-485 this week and my attorney said, he will charge straight 100% for refiling.

Note: My priority date was current in June, however I could not apply in June due to incompetency of my labor attorney (I changed him finally).

The saga continues ...

ashkam
07-12-2007, 01:13 PM
My attorney told me there will be very less benefits by applying for I-485 now.

However, based on Rajeev Khanna's suggestion, I'm applying for I-485 this week and my attorney said, he will charge straight 100% for refiling.

Note: My priority date was current in June, however I could not apply in June due to incompetency of my labor attorney (I changed him finally).

The saga continues ...

Why are you applying now? You will probably be current in october.

sodh
07-12-2007, 01:30 PM
You make a good point about document retention, but what's the purpose.

If you're right and they're wrong, what can do you with all the emails? Try to make them feel embarrassed by showing them all the old emails? They might just say, "yeah ok. It was a matter of judgment and we were wrong. Sorry."
Do you know there is word called MALPRACTICE

sb724
07-12-2007, 01:39 PM
Helo All,

Mine is uniue situation. Please advise.

My PD is Sep 2004, my 485 is applied in 2005, that time my kid is in India and not aware of retrogression, could not apply his AOS later due to retorgression.
On July 2nd, attorney is not submitted his AOS after revised bulletin, now advising do not go with the option to submit. I think if I force him and agree for refilling charges, he can file my kidís AOS now.
Regarding my AOS I got query on my 485 in May 07 (that time my PD was not current) on medical TB Test. Attorney is submitting my medicals in next week.

I am in confusion to submit my kid AOS or not in July?
If we submit my kidís AOS in July and do not receive any receipt until Oct then what if my PD becomes current in Oct, can I withdraw already submitted application and file again?
My main concern he should get his AOS receipt # before my approval.

Please advise should I file now or not?

Thanks
sarath

sodh
07-12-2007, 01:41 PM
A client has a right to instruct the lawyer to do what he wants, all the lawyer can do is give his expert opinion and not to decide what he wants, now if the lawyer does not agree with the client he has an option either to do what the client wants or ask the client to find some other lawyer. He cannot force you not to file your application.

anai
07-12-2007, 01:44 PM
Do you know there is word called MALPRACTICE

Yes I know of the word, although generally it is not spelled in all caps.

The lawyer would have technically done the right thing:
(a) Was the date current as per bulletin? No.
(b) Did USCIS explicitly say they won't accept any more 485? Yes.
Therefore, no real need to file.

The reason for filing now is only that some folks think it is the best way to position oneself for what might unfold. If a lawyer advices you against filing, it is not malpractice; it is simply his advice. You can decide whether or not to follow his advice.

In any case, the idea is not to sue your lawyer. The idea is to get the greencard; so if you think filing is the best thing to do, then go ahead and file. Don't collect emails from lawyers.

sodh
07-12-2007, 01:52 PM
Yes I know of the word, although generally it is not spelled in all caps.

The lawyer would have technically done the right thing:
(a) Was the date current as per bulletin? No.
(b) Did USCIS explicitly say they won't accept any more 485? Yes.
Therefore, no real need to file.

The reason for filing now is only that some folks think it is the best way to position oneself for what might unfold. If a lawyer advices you against filing, it is not malpractice; it is simply his advice. You can decide whether or not to follow his advice.

In any case, the idea is not to sue your lawyer. The idea is to get the greencard; so if you think filing is the best thing to do, then go ahead and file. Don't collect emails from lawyers.
It was just a suggestion take it or leave it, my word is not final, but I still feel the lawyer cannot force you not to file.

delhirocks
07-12-2007, 02:07 PM
My Lawyer/employer suggested that I file my 485. I think it went out in the last couple of days (around 07/11)

delhirocks
07-12-2007, 02:15 PM
I agree..and it holds true when the employee is the "client" of the law firm.

If the process is done by the employer on employee's behalf and the employer is the one footing the bill, employer is the client.
In this situation, the law firm is likely to go with the employer instructions.


A client has a right to instruct the lawyer to do what he wants, all the lawyer can do is give his expert opinion and not to decide what he wants, now if the lawyer does not agree with the client he has an option either to do what the client wants or ask the client to find some other lawyer. He cannot force you not to file your application.

sodh
07-12-2007, 02:25 PM
I agree..and it holds true when the employee is the "client" of the law firm.

If the process is done by the employer on employee's behalf and the employer is the one footing the bill, employer is the client.
In this situation, the law firm is likely to go with the employer instructions.
And I thought that I-485 application is yours and does not depend on the employer except for the offer letter of employment after you get your GC.

funnymdguy
07-12-2007, 02:37 PM
Does anyone think that because one is filing I485 now (ie in second week of july), with the clear knowledge that it will be rejected, will pose any future problems/harm to the 485 application being applied later?
In other words, Can USCIS say that I knowingly put extra work on them by sending my I485 application in the middle of the month with the clear understanding that it will be rejected and returned?
thanks

cfan666666
07-12-2007, 02:39 PM
If you PD is far from current, I will say file your I-485 and take a damn chance, otherwise you will have to file several years later and your medical exam will be expired after 1 year.

If you PD is not far, you might want to wait and see ...

funnymdguy
07-12-2007, 02:43 PM
If you PD is far from current, I will say file your I-485 and take a damn chance, otherwise you will have to file several years later and your medical exam will be expired after 1 year.

If you PD is not far, you might want to wait and see ...

My PD is September 2003, June VB had Jun 2003 for EB-3, so i might be close...but then NO-ONE knows what USCIS is going to do...they might not move from June 2003 or do something weird which no 'sane' person can understand :confused:

vengaiah
07-12-2007, 03:11 PM
I am trying to file i485+EAD+AP from ... Rajiv S.Kannan, but they gave me quote to file i485+EAD+AP for me and my wife ..its $4000. Is it really worth going through them?

cfan666666
07-12-2007, 03:18 PM
It's very easy, not worth $100 work.

How about let IV 485 gurus do it for you and you contribute $200 to IV? :)

>I am trying to file i485+EAD+AP from ... Rajiv S.Kannan, but they gave me >quote to file i485+EAD+AP for me and my wife ..its $4000. Is it really worth >going through them?

sodh
07-12-2007, 03:22 PM
I am trying to file i485+EAD+AP from ... Rajiv S.Kannan, but they gave me quote to file i485+EAD+AP for me and my wife ..its $4000. Is it really worth going through them?
Fees of a lawyer depends on the location, complexity of the case and the time taken by their staff to file your case and what are the other lawyers charging in his area, so shop around the area you live.

memyselfandus
07-12-2007, 03:24 PM
They are charging $600 for me and my wife. This forms are pretty straightforward, you can do it on your own. If you still think you need some guidance, please contact through usavisanow.com.

Enjoy and happy filing.

sb724
07-12-2007, 04:07 PM
Hi All,

Please think about who ever dates are near to become current.

If you file your 485 now against bulletin and your PD will become current with October bulletin, by that time you have no clue about already submitted 485? What you can do?

What are the options in that time? File again or wait for receipt of already submitted application? Is there any option to withdraw 485 before receipt issued and file again?

sodh
07-12-2007, 04:31 PM
Hi All,

Please think about who ever dates are near to become current.

If you file your 485 now against bulletin and your PD will become current with October bulletin, by that time you have no clue about already submitted 485? What you can do?

What are the options in that time? File again or wait for receipt of already submitted application? Is there any option to withdraw 485 before receipt issued and file again?
15 to 45 days is their time limit, they have to give you some answers after that time limit I may be wrong but if there are any learned members in this forum please advise.

sb724
07-12-2007, 04:41 PM
Now USCIS receives Applications as flood, in this scenario assinging reciept # will take more time than normal.
Take ex of filers in June. Some people who filed in second week of June, still did not receive their receipt #s.

delhirocks
07-12-2007, 05:11 PM
And I thought that I-485 application is yours and does not depend on the employer except for the offer letter of employment after you get your GC.


From USCIS standpoint its yours. I was referring to the Lawyer - client relationship.

If your employer has hired the lawyer for you. The lawyer is answerable to your employer and not you.

Kushal
07-12-2007, 05:38 PM
If you PD is far from current, I will say file your I-485 and take a damn chance, otherwise you will have to file several years later and your medical exam will be expired after 1 year.

If you PD is not far, you might want to wait and see ...


Thats whats going on through my head, since I got e-mail from my lawyer about pros and cons of filing now. My PD is Oct 06.
I think I will take a chance.