jaane_bhi_do_yaaro
08-10 08:18 PM
That means EB2 India/China will see drastic movement this year....may be to end or 2007 or 2008?
We need our messiah VLDRAO...
He s the MANNNN...
he predicted July 2007 fiasco and then he was the guy who fought for us...
VLDRAOOO where are you...
Please make dates current for everybody...
We need our messiah VLDRAO...
He s the MANNNN...
he predicted July 2007 fiasco and then he was the guy who fought for us...
VLDRAOOO where are you...
Please make dates current for everybody...
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BharatPremi
04-08 08:50 AM
HI BharatPremi,
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
I think, No. FInal really certified labor has "certified" status only.
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
I think, No. FInal really certified labor has "certified" status only.
hara_patta_for_rico
07-10 08:12 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
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waitnwatch
07-28 01:06 PM
You are one funny guy in this thread with high sense of humor!! I like that!!!
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
and he/she forgot to mention the part about taking a hot shower as a convenient replacement for a dip in a holy river!!!!!!!!!:D
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
and he/she forgot to mention the part about taking a hot shower as a convenient replacement for a dip in a holy river!!!!!!!!!:D
more...
NKR
03-17 10:16 AM
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.
EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.
TomPlate
10-21 11:40 AM
Obama is more a talking person. He would have given lot of information during this campaign season. But he will not execute. Everyone in the campaign said he is always on the neutral side. He is not with Yes Or No answers.
One thing I want to explain about tax decrease plan.
When the tax decreases for middle class and tax increases for upper class, then the upper class CEO and the business would like to see how they can increase their profit by not increasing the wage of a middle class.
Obama followed a non american politics giving lots and lots to public. But in reality he may sit quiet and only enjoy his benefit as a President.
If Obama elected as President, this economic mess is not going to go away.
Because it is now Global.
I will say if Obama is elected Health care change he expects may not be executed as per his plan.
And it goes on....
One thing I want to explain about tax decrease plan.
When the tax decreases for middle class and tax increases for upper class, then the upper class CEO and the business would like to see how they can increase their profit by not increasing the wage of a middle class.
Obama followed a non american politics giving lots and lots to public. But in reality he may sit quiet and only enjoy his benefit as a President.
If Obama elected as President, this economic mess is not going to go away.
Because it is now Global.
I will say if Obama is elected Health care change he expects may not be executed as per his plan.
And it goes on....
more...
rajeev_74
07-05 04:44 PM
Really shameful...we have a thick skin & a weak heart
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
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andy garcia
09-10 11:48 AM
We have the most important thing on our side: TRUTH! And remember the millennia-proven phrase: TRUTH SHALL SET YOU FREE
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
more...
EkAurAaya
07-16 07:38 PM
I've so many hard working American friends... it really make me want to work harder to compete with them, but these bunch of cry babies at Numbers are scared of skilled workers, they don't want to upgrade their skills, they want to work 9-5 and get paid for their incompetencies.
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insbaby
05-07 11:10 AM
If you have paid and do not have access then send us an email to info at immigrationvoice.org with your payment details, name, email used to contribute and IV ID.
We have added everyone that contributed. Sometimes there is a delay of a couple of days.
I saw couple of them last week, now I searching, searching and searching, not able to see donor forums on updates except one that says "start of the donor forums".
Is there a link that shows all donor forums...
We have added everyone that contributed. Sometimes there is a delay of a couple of days.
I saw couple of them last week, now I searching, searching and searching, not able to see donor forums on updates except one that says "start of the donor forums".
Is there a link that shows all donor forums...
more...
ramaonline
08-21 12:54 PM
The I485 Supplement A is for 245 i which means you had to be present in the US in the year 2000. Since you never entered the US until 2003 it does not look like this form is required in your case. Please call the USCIS customer service number to confirm this.
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Abhinaym
09-10 11:09 AM
I will update here for those who cannot enter chat
Right now they are discussing
H.R. 6598
the "Prevention of Equine Cruelty Act of 2008
I will update here once HR 5882 starts
Thanks Chintu! I'll look forward to your updates.
Right now they are discussing
H.R. 6598
the "Prevention of Equine Cruelty Act of 2008
I will update here once HR 5882 starts
Thanks Chintu! I'll look forward to your updates.
more...
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GooblyWoobly
01-16 06:09 PM
See buddy, there are some people who will cry whatever scenario they are in, and some people who will laugh and be happy in whatever scenario they are in. The key to optimism and happy life is to find someone who has it worse, and realize how fortunate you are. At least you are not having to live in the slums of India. At least you are not having your daughter breathe the polluted air of an Indian metro. At least you have a healthy family and no medical emergencies to worry about. Enjoy what you have got, not crib about what you've got.
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paskal
01-18 09:20 PM
alisa,
i'm only one step better- for now
eb2- pd expected 1q 2007- but india
btw, a fellow member from GA has made a power point slide with the condensed facts and statistics, it's posted on the iv-mn-mw web site
we discussed this on the teleconference and the idea came up that we needed something like this for people without perspective
we are hoping to refine this already excellent ppt into a valuable tool for everyone's use
please do take a look...
i'm only one step better- for now
eb2- pd expected 1q 2007- but india
btw, a fellow member from GA has made a power point slide with the condensed facts and statistics, it's posted on the iv-mn-mw web site
we discussed this on the teleconference and the idea came up that we needed something like this for people without perspective
we are hoping to refine this already excellent ppt into a valuable tool for everyone's use
please do take a look...
more...
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ronhira
03-12 11:14 AM
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.
Need my trust and money, please earn it.
so u'r sachbole - employee of that tracker site..... wonder y u hate iv......
u did not contribute to iv by sending faxes & making those phone calls.... u did that for u'rself...... u'r not doing me or anyone else a favor by sending faxes or making phone calls.....
no one needs u'r trust becoz u'r a paid employee of a business that is against each one of us getting green card...... if everyone will get gc then who will track their application.... meaning no ad revenue for u..... isn't that right? sachbole?
Need my trust and money, please earn it.
so u'r sachbole - employee of that tracker site..... wonder y u hate iv......
u did not contribute to iv by sending faxes & making those phone calls.... u did that for u'rself...... u'r not doing me or anyone else a favor by sending faxes or making phone calls.....
no one needs u'r trust becoz u'r a paid employee of a business that is against each one of us getting green card...... if everyone will get gc then who will track their application.... meaning no ad revenue for u..... isn't that right? sachbole?
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GCAmigo
03-09 01:28 PM
9 years and counting.
Came here on H1 in early'99.. stopped counting and it doesn't hurt much now!
~GCA
Came here on H1 in early'99.. stopped counting and it doesn't hurt much now!
~GCA
more...
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eilsoe
02-22 02:42 AM
do we have a set date for the deadline? I haven't worked on my entry for the past... since I threw up that WIP, and I only have today and tomorrow to work on it.
basically I'm just gonna throw in a train (if I can make one), and some more details... maybe some newspapers lying about... and stuff like that...
basically I'm just gonna throw in a train (if I can make one), and some more details... maybe some newspapers lying about... and stuff like that...
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qesehmk
02-11 03:03 PM
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Family based visa used for FY2009 = 215,343
Family based immigrant visa numbers = 226,000
Unused visa = 10,567
available for employment based visa numbers for FY2010.
*********
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105
Family based immigrant visa numbers = 226,000
Unused visa = ZERO
available for employment based visa numbers for FY2009.
Always go by the facts.
___________________
Not a legal advice.
I agree. I tried to see if there is a way FB category in 2009 might have received a spillover from EB. But thats almost impossible given EB is severely backlogged.
Another way to verify unused 13K in 2009 EB would be to check 2010 FB limit. If there were unused visas from EB in 2009 then they go back to FB in 2010.
Finally, per Ron unused is not same as wasted. Unused is unassigned. Wasted is .... assigned but action is not taken to close the case. If that is the case then wasted visas won't be available .... neither inside or outside category. It is frightening to think that with so many preadjudicated cases USCIS might be wasting visas! I don't believe this .... but if true ... it is outrageous.
Family based visa used for FY2009 = 215,343
Family based immigrant visa numbers = 226,000
Unused visa = 10,567
available for employment based visa numbers for FY2010.
*********
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105
Family based immigrant visa numbers = 226,000
Unused visa = ZERO
available for employment based visa numbers for FY2009.
Always go by the facts.
___________________
Not a legal advice.
I agree. I tried to see if there is a way FB category in 2009 might have received a spillover from EB. But thats almost impossible given EB is severely backlogged.
Another way to verify unused 13K in 2009 EB would be to check 2010 FB limit. If there were unused visas from EB in 2009 then they go back to FB in 2010.
Finally, per Ron unused is not same as wasted. Unused is unassigned. Wasted is .... assigned but action is not taken to close the case. If that is the case then wasted visas won't be available .... neither inside or outside category. It is frightening to think that with so many preadjudicated cases USCIS might be wasting visas! I don't believe this .... but if true ... it is outrageous.
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venkygct
07-02 07:31 PM
Contributed : 100 couple of hours back
Order Details - Jul 2, 2007 11:49 GMT-07:00
Google Order #516773533199673
Order Details - Jul 2, 2007 11:49 GMT-07:00
Google Order #516773533199673
aroranuj
10-16 06:50 PM
Notarized & mailed my FOIA letter today...
priderock
04-10 04:12 PM
How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
Applying your logic , you should get a job in your home country if you are smart enough.
If you want a good discussion on a topic stop generalizing things and do not use rants like racist engineers etc. When you make an assumption please be clear about. You have assumed most people work for consulting companies and most people are frustrated with it. Not so. I don't work for them and I am not frustrated with them. My only concern with them is they are exploiting the system to their advantage and at my cost. This has two fold affect not only the take cut from your salary but also put a bad name to H1B visa program in general. Whoever wrote the bill or whatever are the consequences there is definitely some good things in that bill. Let me list out how some provisions are good:
1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.
2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.
If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.
Applying your logic , you should get a job in your home country if you are smart enough.
If you want a good discussion on a topic stop generalizing things and do not use rants like racist engineers etc. When you make an assumption please be clear about. You have assumed most people work for consulting companies and most people are frustrated with it. Not so. I don't work for them and I am not frustrated with them. My only concern with them is they are exploiting the system to their advantage and at my cost. This has two fold affect not only the take cut from your salary but also put a bad name to H1B visa program in general. Whoever wrote the bill or whatever are the consequences there is definitely some good things in that bill. Let me list out how some provisions are good:
1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.
2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.
If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.
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