gc_check
07-04 12:56 PM
I just want to point out that whether or not your company helps offset these costs is immaterial at this point. This is money that has gone down the drain. Depending on the Oct. Visa Bulletin, you, or your employer may have to incur the same expenses all over again. So in the end, you may end up spending more than twice the amount of money, and more in application fees.
>> This is money that has gone down the drain.
None of the FEES has been accepted by USCIS as they even did not accept the petition. So the fees cannot be calculated. Need to find out, what they will do for July 2nd filers
>>So in the end, you may end up spending more than twice the amount of money, and more in application fees.
Yes, the fees gets revised start July 30. But you need NOT pay again and again to extend EAD/AP, if requried under new fees. Need to calculate the difference. Also not sure if the Attorney's would charge twice as they have to resubmit the paper with little or no modification.
Money lost will be the amount spent on Medical Examination (In my case $550, as I ended up with a doctor of my choice out side my medical insurance network), So even if my conpany can reimburse, I cannot request... Also per my attorney Medical Examination Reports are valid for a year, If we apply within a year, this is also not lost. If someone or his family has to rush back to USA, to file AOS, then the amount spent are waste. Loss of vacation and money.
My point is not to discourage any one, but when we wirte to media, they will investigate all before they publish to main stream. We need to be fair and should provide the correct information, else we might loose the coverage. We need to highlight the expenses occured and stress this has caused to many many people.
>> This is money that has gone down the drain.
None of the FEES has been accepted by USCIS as they even did not accept the petition. So the fees cannot be calculated. Need to find out, what they will do for July 2nd filers
>>So in the end, you may end up spending more than twice the amount of money, and more in application fees.
Yes, the fees gets revised start July 30. But you need NOT pay again and again to extend EAD/AP, if requried under new fees. Need to calculate the difference. Also not sure if the Attorney's would charge twice as they have to resubmit the paper with little or no modification.
Money lost will be the amount spent on Medical Examination (In my case $550, as I ended up with a doctor of my choice out side my medical insurance network), So even if my conpany can reimburse, I cannot request... Also per my attorney Medical Examination Reports are valid for a year, If we apply within a year, this is also not lost. If someone or his family has to rush back to USA, to file AOS, then the amount spent are waste. Loss of vacation and money.
My point is not to discourage any one, but when we wirte to media, they will investigate all before they publish to main stream. We need to be fair and should provide the correct information, else we might loose the coverage. We need to highlight the expenses occured and stress this has caused to many many people.
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vdlrao
07-24 08:53 PM
I am expecting a quick forward movement in the EB2 India/China category in the next year bulletins.
We have found out that we have about 10 times increase in EB2 India visa numbers from our calculations. I doubt it whether any attorney had any idea better than us, about the numbers we are getting for EB2 India/China from horizontal spill overs. In Ron's post he is no where mntioned any numbers other than saying that CIS is not able to process these many applications. I would be more than happy if some body in our forum posts, the "visa numbers calculations" we have done in this thread, into to his website.
Theres no doubt in the EB2 India/China will catch up current very soon. This is inevitable. There might be a mild retrogression for a very short span of time in the next few bulletins. But after that the dates will run like catching up the Current.
We have found out that we have about 10 times increase in EB2 India visa numbers from our calculations. I doubt it whether any attorney had any idea better than us, about the numbers we are getting for EB2 India/China from horizontal spill overs. In Ron's post he is no where mntioned any numbers other than saying that CIS is not able to process these many applications. I would be more than happy if some body in our forum posts, the "visa numbers calculations" we have done in this thread, into to his website.
Theres no doubt in the EB2 India/China will catch up current very soon. This is inevitable. There might be a mild retrogression for a very short span of time in the next few bulletins. But after that the dates will run like catching up the Current.
ryan
08-18 03:43 PM
Guys,
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel... ace
"Everytime"?
I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)
I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel... ace
"Everytime"?
I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)
I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.
2011 Gallery image hope news videos
unitednations
02-13 12:08 PM
I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
This is how the law works:
To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.
many times a company may have already filed a labor for you before you even get into USA.
There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.
So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.
Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.
I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
This is how the law works:
To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.
many times a company may have already filed a labor for you before you even get into USA.
There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.
So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.
Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.
I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.
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chantu
04-02 09:05 AM
Why I don't like Congress..
http://ibnlive.in.com/news/im-glad-the-truth-had-come-out-jagdish-tytler/89326-3.html
And our current PM is a Sikh. That is why I am saying that MMS does not have spine. He does not have self respect. He is warming PM's chair until Yuvraj is ready. There is no use of good academic record if you are a shameless chaprasi.
http://ibnlive.in.com/news/im-glad-the-truth-had-come-out-jagdish-tytler/89326-3.html
And our current PM is a Sikh. That is why I am saying that MMS does not have spine. He does not have self respect. He is warming PM's chair until Yuvraj is ready. There is no use of good academic record if you are a shameless chaprasi.
jetflyer
01-14 11:13 AM
This is first attempt, if goes smooth, next will be EAD, then I-485 approvals and then EB Based GCs when you go for USC.
It is not a good news for any of our member regardless of their status.
So far Employee-Employer relationship been the hardest part to define because it requires lot of flexibility and that's the nature of business.
This indeed is a very bad news. It looks to me that someone is frying a bigger fish here...
If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.
This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.
It is not a good news for any of our member regardless of their status.
So far Employee-Employer relationship been the hardest part to define because it requires lot of flexibility and that's the nature of business.
This indeed is a very bad news. It looks to me that someone is frying a bigger fish here...
If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.
This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.
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jonty_11
06-28 12:24 PM
For July 485 filing, can I send papers in Saturday June 30th ?
No wonder they are expecting retrogresson ....in first wk of July...
Guys take it easy..!!!!
No wonder they are expecting retrogresson ....in first wk of July...
Guys take it easy..!!!!
2010 Goalkeepers: Hope Solo, Nicole
anai
06-16 11:47 AM
There's two themes in this thread that are interesting.
1. A couple of members advanced the argument that retrogression is good since it weeds out the supposedly undeserving. Here's a startling quote:
...In summary, this retrogression is good in a way....
2. The question of luck.
I would like to share our story, because it touches on both these themes: I have two US graduate degrees; so does my wife. We've paid over 100K in federal income taxes in each of the past several years and I'm now a partner at my firm; the idea that folks are stuck in retrogression because they are undereducated low-cost workers is not realistic. And there are many cases similar to ours (some of which I read about on IV). We are stuck in retrogression because we have no answer to the country-quota bottleneck.
So, sure, retreogression may provide perverse pleasure to a select few greencard holders, but the inconvenience that retrogression causes most of us does not serve a greater Darwinian good.
What of luck? While luck has put us in retrogression, it has favored us in many ways --- we have a great family, a lovely home, and a bunch of good friends. I am sure all of us have seen similar plus sides of luck. But luck is stubborn when it comes to the greencard: when the window opened up last year, many folks with PD 2006 were approved, while many like us with older PD were left waiting. Luck is a strange animal -- it lets you see the map of the world in your handheld, but won't let you travel freely because of retrogression.
There's this story about luck and how one can get around it in some cases. It is not very relevant here, but here's the story: A wise man came to a village and observed a family living in great poverty. All the family had was a cow and a sack of grain. They would work very hard, but their net worth never rose beyond the "cow + sack of grain" level. The wise man, being wise, figured out what's going on. He asked the family to give away the cow and have a party with whatever grain they had. The family initially thought this advice was daft, but eventually complied out of respect for the wise man. The night after they had squandered everything, Brahma could be seen quietly bringing the family another cow and a sack of grain. What the wise man had figured out was that this level of net worth was preordained for that family -- whether they work hard or party. Not a great story to tell your kids to teach them about hard work; but provides an alternate perspective when you're stuck in line.
1. A couple of members advanced the argument that retrogression is good since it weeds out the supposedly undeserving. Here's a startling quote:
...In summary, this retrogression is good in a way....
2. The question of luck.
I would like to share our story, because it touches on both these themes: I have two US graduate degrees; so does my wife. We've paid over 100K in federal income taxes in each of the past several years and I'm now a partner at my firm; the idea that folks are stuck in retrogression because they are undereducated low-cost workers is not realistic. And there are many cases similar to ours (some of which I read about on IV). We are stuck in retrogression because we have no answer to the country-quota bottleneck.
So, sure, retreogression may provide perverse pleasure to a select few greencard holders, but the inconvenience that retrogression causes most of us does not serve a greater Darwinian good.
What of luck? While luck has put us in retrogression, it has favored us in many ways --- we have a great family, a lovely home, and a bunch of good friends. I am sure all of us have seen similar plus sides of luck. But luck is stubborn when it comes to the greencard: when the window opened up last year, many folks with PD 2006 were approved, while many like us with older PD were left waiting. Luck is a strange animal -- it lets you see the map of the world in your handheld, but won't let you travel freely because of retrogression.
There's this story about luck and how one can get around it in some cases. It is not very relevant here, but here's the story: A wise man came to a village and observed a family living in great poverty. All the family had was a cow and a sack of grain. They would work very hard, but their net worth never rose beyond the "cow + sack of grain" level. The wise man, being wise, figured out what's going on. He asked the family to give away the cow and have a party with whatever grain they had. The family initially thought this advice was daft, but eventually complied out of respect for the wise man. The night after they had squandered everything, Brahma could be seen quietly bringing the family another cow and a sack of grain. What the wise man had figured out was that this level of net worth was preordained for that family -- whether they work hard or party. Not a great story to tell your kids to teach them about hard work; but provides an alternate perspective when you're stuck in line.
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skp71
11-11 09:54 AM
I have been waiting for 4.5 years, renewed 4 times EAD/AP, spent more than 8K(wife dosen't work and having 2 kids). If there is no sub labor system, I would have got long back.
One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
hair i hope qiyuerose mike he
Marphad
06-08 11:08 AM
employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.
Actually as per government's official point of view, EB comes on second priority than FB. Family union always comes on first priority.
Actually as per government's official point of view, EB comes on second priority than FB. Family union always comes on first priority.
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Googler
02-18 03:58 PM
I do not understand why out of 205 people who voted yes, nobody has :
1) Contacted an attorney with his own money if they are so interested?
2) Nobody has agreed to become a plaintiff except Googler.
Googler, why don't you lead this effort and become the plaintiff and get a lawyer to start filing a case? You can file a class action lawsuit on behalf of all immigrant community. Once you file the case people will thank you and appreciate your bravery.
I do not think this lawsuit idea will go anywhere unless someone is willing to risk his greencard for it. Because once you become a plaintiff USCIS will review your case more thoroughly. Plus you need to get your employer on the same page for it. You also need to spend thousands of dollars from your own pocket to take part in your lawsuit.
Another thing, I do not trust lawyers opinion in this matter unless a lawyer is a litigation lawyer. If a lawfirm is good at filing paperwork and filling applications, they cannot do a class action lawsuit. They may show interest in it for money and publicity. You need to get a litigation lawyer only for it.
I've said this before but perhaps I'll have to say it many more times till it sinks in
... the thinking on this is at a VERY VERY VERY preliminary stage. In real life class action lawsuits, named plaintiffs are chosen based on how well they fit the argument in the case, not the other way round. As I said upthread, all those who want decisions, deals, money etc RIGHT NOW are being pretty unrealistic -- probably just because of unfamiliarity with the progress of cases like this. I know people want to be reassured that there is NO risk of losing, every decision node is mapped out, responsibility assigned, but if that is what anyone is thinking they have to rejigger their thinking. ;-)
IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
Internet, if you voted no, why are you so worked up about it? Nobody is about to make you do anything you don't want to do. Carry on with your life, this is not about to impinge you negatively. Why do you care what other people do with their time?
For people who voted yes, it is worth thinking about what you are willing to do for the effort -- at present, all that is needed is an interest and willingness to read and do some research and THAT IS ALL. Read the two paragraphs I quoted above.
As far as contacting attorneys and moving the ball forward, it is a time consuming process -- it isn't as though they call you right back with a draft brief and legal arguments. This is not an ordinary paperwork issue. It has after all been a grand total of 6 days since the poll was started on 2-12-08!! ;-)
1) Contacted an attorney with his own money if they are so interested?
2) Nobody has agreed to become a plaintiff except Googler.
Googler, why don't you lead this effort and become the plaintiff and get a lawyer to start filing a case? You can file a class action lawsuit on behalf of all immigrant community. Once you file the case people will thank you and appreciate your bravery.
I do not think this lawsuit idea will go anywhere unless someone is willing to risk his greencard for it. Because once you become a plaintiff USCIS will review your case more thoroughly. Plus you need to get your employer on the same page for it. You also need to spend thousands of dollars from your own pocket to take part in your lawsuit.
Another thing, I do not trust lawyers opinion in this matter unless a lawyer is a litigation lawyer. If a lawfirm is good at filing paperwork and filling applications, they cannot do a class action lawsuit. They may show interest in it for money and publicity. You need to get a litigation lawyer only for it.
I've said this before but perhaps I'll have to say it many more times till it sinks in
... the thinking on this is at a VERY VERY VERY preliminary stage. In real life class action lawsuits, named plaintiffs are chosen based on how well they fit the argument in the case, not the other way round. As I said upthread, all those who want decisions, deals, money etc RIGHT NOW are being pretty unrealistic -- probably just because of unfamiliarity with the progress of cases like this. I know people want to be reassured that there is NO risk of losing, every decision node is mapped out, responsibility assigned, but if that is what anyone is thinking they have to rejigger their thinking. ;-)
IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
Internet, if you voted no, why are you so worked up about it? Nobody is about to make you do anything you don't want to do. Carry on with your life, this is not about to impinge you negatively. Why do you care what other people do with their time?
For people who voted yes, it is worth thinking about what you are willing to do for the effort -- at present, all that is needed is an interest and willingness to read and do some research and THAT IS ALL. Read the two paragraphs I quoted above.
As far as contacting attorneys and moving the ball forward, it is a time consuming process -- it isn't as though they call you right back with a draft brief and legal arguments. This is not an ordinary paperwork issue. It has after all been a grand total of 6 days since the poll was started on 2-12-08!! ;-)
hot Hope you enjoy it.
johnmcdonald98
04-23 01:48 PM
I work for this company and I moved to the different state. Now my company has approved labor from the state I was before in with similar job as mine with similar degree as mine. What do you guys say, should I go for substitution? Lawyer says that even though I am in a different state, he can apply for this, but if it takes more than 6 months, he will file state change and I will be ok. Worst case is, I have to move, but only when its approved. What do you guys say, should I go for it?
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house international solo artist#39;
amitga
02-12 11:53 PM
I support this. We should go for massive class action law suit.
tattoo Le Dan Bach Viet: 1961-2011
ash27
03-31 11:16 PM
Sk2006, I don't understand why would you like this thread to be deleted. I understand that this is immigration forum but I do not see any issues discussing other topics that other people are interested.... Please do not discourage people from discussing other issues that may be relevant. If you are not interested, you are more than welcome to not go through this thread....
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pictures 07 May, 2011 01:00 AM
mbartosik
12-13 11:48 PM
Mark,
what say you?
In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.
If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.
We have next to no chance in lower courts.
Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.
In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.
Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).
Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).
I'm not saying do not fight, just fight smart.
To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.
It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".
what say you?
In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.
If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.
We have next to no chance in lower courts.
Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.
In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.
Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).
Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).
I'm not saying do not fight, just fight smart.
To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.
It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".
dresses this chick, Hope Solo.
vivid_bharti
04-21 04:50 PM
I could not stop laughing.....What this lady will discuss ???? People who should be discussing this have been sleeping so they sent this lady, how funny...
----------------------------------------------------------------------
Prez Patil to discuss anti-terror strategy with Spain
Madrid, April 21: Forging bilateral strategies to combat terrorism, boosting trade and investments and consolidating ties with the European Union will be high on the agenda as President Pratibha Patil starts high-level parleys with the Spanish leadership here on Tuesday.
Patil, who arrived in Spanish capital last night with a delegation comprising Minister of State for Commerce and Industry Ashwani Kumar and senior officials of the Ministry of External Affairs, will hold meetings with King Juan Carlos I and Queen Sofia later in the day.
Maintaining that both Spain and India are victims of the scourge of terrorism, the President told reporters onboard her aircraft that the two countries share the common challenges and the common determination to strengthen the forces of peace, security and development.
Though the issue of terrorism will be high on the agenda of deliberations between the leaders of India and Spain, "it has to be seen what the other country brings to the table during the talks," officials said.
The visit comes in the backdrop of reports of presence of al-Qaeda's network in Spain, which is also suffering at the hands of Basque group ETA, which has been identified as a terrorist outfit by the Spanish government.
India and Spain have agreed "in principle" to work closely on bilateral strategies to combat the menace and the process is "underway", Kumar said.
Bureau Report
----------------------------------------------------------------------
Prez Patil to discuss anti-terror strategy with Spain
Madrid, April 21: Forging bilateral strategies to combat terrorism, boosting trade and investments and consolidating ties with the European Union will be high on the agenda as President Pratibha Patil starts high-level parleys with the Spanish leadership here on Tuesday.
Patil, who arrived in Spanish capital last night with a delegation comprising Minister of State for Commerce and Industry Ashwani Kumar and senior officials of the Ministry of External Affairs, will hold meetings with King Juan Carlos I and Queen Sofia later in the day.
Maintaining that both Spain and India are victims of the scourge of terrorism, the President told reporters onboard her aircraft that the two countries share the common challenges and the common determination to strengthen the forces of peace, security and development.
Though the issue of terrorism will be high on the agenda of deliberations between the leaders of India and Spain, "it has to be seen what the other country brings to the table during the talks," officials said.
The visit comes in the backdrop of reports of presence of al-Qaeda's network in Spain, which is also suffering at the hands of Basque group ETA, which has been identified as a terrorist outfit by the Spanish government.
India and Spain have agreed "in principle" to work closely on bilateral strategies to combat the menace and the process is "underway", Kumar said.
Bureau Report
more...
makeup I#39;m excited for my 2011
msyedy
01-26 11:20 AM
Thanks Pappu. Is this called Labour substitution? I don't know that term.Any input regarding this is greatly appreciated.
Labor substitution is not encouraged by INS any more, but is still possible.
Use the old labor and file for premium I-140. If approved you can use that priority date.
Simple as that, premium result will be in 15 days.
Best of luck.... Though I dont encourage this, and I am against this because people are just moving ahead which is not a fair.
But nowadays.with this retrogression and we fighting for our provisions I have become more stable and want any of my efforts to help anyone and this is making me happy/
Labor substitution is not encouraged by INS any more, but is still possible.
Use the old labor and file for premium I-140. If approved you can use that priority date.
Simple as that, premium result will be in 15 days.
Best of luck.... Though I dont encourage this, and I am against this because people are just moving ahead which is not a fair.
But nowadays.with this retrogression and we fighting for our provisions I have become more stable and want any of my efforts to help anyone and this is making me happy/
girlfriend by admin at 1 May , 2011
ramus
07-04 08:56 AM
Good morning..
Please put your updated post..
I am very glad to see every member is bringing so much energy here.
Others: Please scan and go through 100 pages of our breaking news thread and come up with issues.. Be very specific as lengthy post could cause confusion.
Macaca thanks again..
Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.
These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.
Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.
Just woke up. Good Morning!
Please put your updated post..
I am very glad to see every member is bringing so much energy here.
Others: Please scan and go through 100 pages of our breaking news thread and come up with issues.. Be very specific as lengthy post could cause confusion.
Macaca thanks again..
Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.
These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.
Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.
Just woke up. Good Morning!
hairstyles Hope Solo
dhirajs98
08-28 09:00 AM
Our frustration with the US legal immigration and retrogression seems endless. My wife and I are considering immigration prospects to Canada. Can somebody please suggest good responsive lawfirms that could handle a Canadian PR application? We would also appreciate some insight on Canadian immigration prospects for physicians. Thanks
I did on my own. Its a time taking process but you can do it on your own. But if you can spend couple of thousand dollars for convenience then there are alot of law firms availble on internet. Just type in canada immigration lawfirm. You will find what you need.
Good Luck!
I did on my own. Its a time taking process but you can do it on your own. But if you can spend couple of thousand dollars for convenience then there are alot of law firms availble on internet. Just type in canada immigration lawfirm. You will find what you need.
Good Luck!
EkAurAaya
07-17 09:58 AM
Note to Moderators: I posted the same question as a separate thread, but then I thought this would be a good place to pose the question too...
Heres the background...
Primary:
EB3 Feb 2003 PD
i140 Approved
i485 files June 2007
for both wife and me...
EAD/AP - approved Sept 2007
EAD extension received June 2008 (1 year)
AP extension pending
(we have not used EAD/AP yet - we both are on H1b)
Derivative:
EB2 April 2004 PD
i140 Approved
Pending - i824 in Sept 2007 to convert AOS to CP (hoping it will get through by Oct this year)
Question:
Assuming we will get CP interview before AOS gets adjudicated, do you forsee any potential issues in this scenario?
Thanks in advance!
Heres the background...
Primary:
EB3 Feb 2003 PD
i140 Approved
i485 files June 2007
for both wife and me...
EAD/AP - approved Sept 2007
EAD extension received June 2008 (1 year)
AP extension pending
(we have not used EAD/AP yet - we both are on H1b)
Derivative:
EB2 April 2004 PD
i140 Approved
Pending - i824 in Sept 2007 to convert AOS to CP (hoping it will get through by Oct this year)
Question:
Assuming we will get CP interview before AOS gets adjudicated, do you forsee any potential issues in this scenario?
Thanks in advance!
unitednations
02-18 09:59 PM
Aiming London shooting Tokyo that's what your reasoning looks like. There's no point in arguing\discussing based on such logic.
You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.
If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.
Please lay out why they should allow 485 filing that is in USA benefit and the employer who is sponsoring you benefit. Employment base is not a humanitarian base greencard.
I will list the reasons people use and then the arguments people would use against you and then you can counter it.
1) 485 filing will allow me to change my job or get promoted and I won't be tied to my employer
----it is employer base system. you are supposed to work with them permanently. nothing in the law stops you from changing employers. Just get them to file another h-1b for you; get the new employer or position to file another labor for you.
----but the new employer I have won't file greencard or h-1b/
----looks like they don't need a foreigner. if they did then they would do it for you wouldnt they?
----i want to go back to school.
----get an f-1
-----the uncertainty is killing me
-----lucky you are allowed to stay here and wait and work. others have to wait outside usa until their number is called. you can go back home and wait for your number to get called - like spouses of greencard holders; siblings of u.s. citizens; over 21 year old children of u.s. citizens.
-----I want to change to a totally new profession
-----You are getting a greencard because a specific employer needs you on a permanent basis don't they? Looks like you don't have intention to work permanently for them. Nothing is stopping another employer to file a greencard for you.
----but i can't work for them because the job won't qualify for h-1b and they won't wait five years for the quota to get current to employ me.
-----how come employers aren't lobbying for you? if they have to wait 5 years for you then why are we not hearing from them?
2) I want my spouse to work. they are underutilized.
---- Did you know that it is a non working visa? EB greencard is to control the number of workers coming into the workforce and to not flood the market
3) the intention of ac21 was to be free and clear of your employer after 180 days of filing.
-------no, not really; once your number comes up and it is in the quota and we don't adjudicate it within 180 days then you can change. We still need to control the workforce and determine how many people we want to let in.
=========================================
One thing everyone loses sight of is that EB greencard is not humanitarian greencard. It is specific to an employer. One way to look at it is that you are not underprivileged because you are allowed to stay here and work and wait whereas other immigrant wannabes do not have that luxury.
Now before people start raning; you need to figure out how it is in the country and employer benefit for you to get the greencard or file a 485. Your reasons cannot be against the nature and purpose of employment base greencard. If it is then it doesn't have much merit within the current law.
You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.
If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.
Please lay out why they should allow 485 filing that is in USA benefit and the employer who is sponsoring you benefit. Employment base is not a humanitarian base greencard.
I will list the reasons people use and then the arguments people would use against you and then you can counter it.
1) 485 filing will allow me to change my job or get promoted and I won't be tied to my employer
----it is employer base system. you are supposed to work with them permanently. nothing in the law stops you from changing employers. Just get them to file another h-1b for you; get the new employer or position to file another labor for you.
----but the new employer I have won't file greencard or h-1b/
----looks like they don't need a foreigner. if they did then they would do it for you wouldnt they?
----i want to go back to school.
----get an f-1
-----the uncertainty is killing me
-----lucky you are allowed to stay here and wait and work. others have to wait outside usa until their number is called. you can go back home and wait for your number to get called - like spouses of greencard holders; siblings of u.s. citizens; over 21 year old children of u.s. citizens.
-----I want to change to a totally new profession
-----You are getting a greencard because a specific employer needs you on a permanent basis don't they? Looks like you don't have intention to work permanently for them. Nothing is stopping another employer to file a greencard for you.
----but i can't work for them because the job won't qualify for h-1b and they won't wait five years for the quota to get current to employ me.
-----how come employers aren't lobbying for you? if they have to wait 5 years for you then why are we not hearing from them?
2) I want my spouse to work. they are underutilized.
---- Did you know that it is a non working visa? EB greencard is to control the number of workers coming into the workforce and to not flood the market
3) the intention of ac21 was to be free and clear of your employer after 180 days of filing.
-------no, not really; once your number comes up and it is in the quota and we don't adjudicate it within 180 days then you can change. We still need to control the workforce and determine how many people we want to let in.
=========================================
One thing everyone loses sight of is that EB greencard is not humanitarian greencard. It is specific to an employer. One way to look at it is that you are not underprivileged because you are allowed to stay here and work and wait whereas other immigrant wannabes do not have that luxury.
Now before people start raning; you need to figure out how it is in the country and employer benefit for you to get the greencard or file a 485. Your reasons cannot be against the nature and purpose of employment base greencard. If it is then it doesn't have much merit within the current law.
