lisag8070

hear hear! that is definately the way I'm looking at this, it might be bad news to leave exactly like you said, the upheaval with children and everything but at the end of the day I can make it work to our advantage. Europe is a big beautiful place and it wouldn't be a bad thing to go back there and soak up the culture and pig out on all the wonderful food..(Italy here I come!)

jumping doris

A quick update. Our lawyers are advising us to file in July. They know it will be returned but feel confident that ,by filing, we will benefit from the action suit.

Even though I wish we had stayed put in the UK , my children have settled here and my eldest is about to go to a university here. She will be devastated if we have to go back as she has worked so hard to achieve this.
Plus we would be so poor, OH job is very specialised and he may not be able to find a job in the UK.

Elvira

I know what you mean. The fact that our kids are 'kind of' settled in college and my DH's specialised skills mean that we are stuck here for the next few years at least. And DH did rather burn his bridges when he left....... which makes the way we have been treated by the immigration system here all the harder to bear.

Adnams

Is the suit going ahead then? I thought they were just thinking about it?

Paul S

Interesting to hear about the file in July approach. Our IL has done the usual not give us anymore information since the 'news' on July 2nd

i feel thats what i might have done too. My work too is in a specialist area which i could get work in Europe for but I'm not interested in going back (and don't even mention the being able to afford to go back). I'm the youngest of 3 kids who have all left (2 sisters, 1 in France the other in New Zealand)

I heard they were getting everything together and it will happen soon. They are looking at covering those of us who have not applied due to the sudden closure at the start of the month.
Has anyone else heard anymore about the private firm in Chicago who are running their own suit against the powers that be......

jumping doris

It seems it's going ahead. Our lawyers and OH's company feel that we should file and hope we benefit. They refer to our "special circumstances" and the only one of those we have is the fear of our daughter aging out.
This makes me think they are expecting retrogression in Oct.

Adnams

Great! Any ideas why they think there will be more retrogression?
I am still witing to hear from ours whether the H1B renewal rules have changed, ref lisa8070's issues earlier in the thread. Our 485's must have landed on the day they made the announcement and our lawyers are expecting them to be returned but still to be part of the action.

Paul S

at least you managed to get in. We couldn't get an immigration medical arranged until 3rd july so we cancelled it, mainly as I didn't want to have to fork out a shed load of money for something thats only valid for a year. Who knows what October will bring

jjmb

wow, I am really sorry for everyone in this situation, it really sucks. We have a friend on a L1 visa who thought he had another year as his I94 was stamped for July 2008 but it turns out it was this July his visa run out! The company lawyers are hoping to get him an extension on the extension but given the present situation, don't hold out much hope.

Anyone think its strange that they took this action immediately after the Glasgow bombings and it was revealed that at least 2 of them were thinking of applying to live in the US?

Elvira

Just because USCIS is clearly incapable of RATIONAL thought doesn't mean that they are acting IRrationally...

y2b4sure

Same here, my lawyer filed on my behalf as they deemed it better to be in the group of having tried, than in the group of not having tried.

Normally a visa bulletin would be coming out about now for August, I wonder what it'll say.

lisag8070

Well everyone I've just got off the phone with my Lawyer, and guess what we are screwed!
It seems that she has only just filed for the LC on June 26th 2007 and she hasn't even received a priority date back yet... Again stupid me, we've been paying her since June 2006 to get this done asap and she even told us don't worry you'll have your I-140 by June 2007 so you can extend your H1B no problem HAH! stupid us we actually believed her so yes we are definately going back home at the end of the year as she's left it soo late that we can't even extend our H1B and the 6 yrs is up in Dec 07.

Elvira

YOUR lawyer?

Surely it is the company's lawyer who files for the labor certification? What has the company been doing all this time - do they have no interest in retaining you (or you OH... not sure who is the H1b in your relationship...).

All seems rather strange.

lisag8070

Sorry your right the company's lawyer, she was told to hold off until Dec 06 as we were travelling home for xmas, so she started the recruitment adverts in Dec got all that sorted in June and then applied for the LC on June 26 and then all hell broke lose, the only thing that blows my mind is that DID NOBODY TELL HER THAT OUR H1B VISA RUNS OUT IN DEC 07... I mean surely she knew that she had to file for the LC at least 12 months prior to the expiry date of the H1B, god I am so angry with the bloody company..it looks like a classic case of lack of communication!:curse::curse:

Elvira

I see - just another illustration of the fact that (potential) H1bs should NEVER rely on their employers for ANYTHING to do with their immigration status!

Hindsight is a wonderful thing... :curse: