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.
wallpaper %IMG_DESC_1%
grupak
12-13 01:40 PM
"Fairness or not is not the issue. Question is can it be challenged in a court? "
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
_TrueFacts
09-04 04:03 PM
If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...
If all IMV memebers ever come to form a political party, people like you should be avoided. For you it's all love for YSR..where as for others it's not about YSR or CBN. It is about there values and what they stand for against (corruption, blood politics, land grabbing and so forth..)
If all IMV memebers ever come to form a political party, people like you should be avoided. For you it's all love for YSR..where as for others it's not about YSR or CBN. It is about there values and what they stand for against (corruption, blood politics, land grabbing and so forth..)
2011 %IMG_DESC_2%
Rohan99
07-27 06:35 PM
Did you tell that person you are doing illegal work in his country? Is that person from Mexico?
Run from who?...you? I will see who runs from who? :)
Sorry to hear that someone lied to you, and it totally shows that person's integrity. But its nothing to do with Amway. Amway never told them to pick u up and take you to the meeting. It was his wrong decision. Probably they are not in business today either.
My platinum is US army Airborne division...SERVING his country. You saying something?
Sounds like you know something he doesn't know. Probably he or I should have checked from you.
Run from who?...you? I will see who runs from who? :)
Sorry to hear that someone lied to you, and it totally shows that person's integrity. But its nothing to do with Amway. Amway never told them to pick u up and take you to the meeting. It was his wrong decision. Probably they are not in business today either.
My platinum is US army Airborne division...SERVING his country. You saying something?
Sounds like you know something he doesn't know. Probably he or I should have checked from you.
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snathan
01-24 02:16 PM
Kindly visit this forum
USCIS new memo on Employer-Employee relationship - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=1181028202&p=2)
and see yourself how people differ on this memo. It seems so many people are happy about this memo for the following reason:
1. They are not affected by this memo ( for sure ).
2. They are fed up with Body Shoppers.
You can not ask them to change as they have their own take on this memo.
Personally after reading so many scenarios I don't support this memo.
They may not be affected by this memo and they are day dreaming they wont be affected in the future also. This is just starting and you never know what USCIS and antis are planning. This memo is very unfair for people who are in this country 5-10 years and stuck in the GC backlog. Assume that people who are in full time fired...what they will do. Just they will run this body shop. Then they will understand what this is all about. I personally do not like people suffering for no reason.
USCIS new memo on Employer-Employee relationship - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=1181028202&p=2)
and see yourself how people differ on this memo. It seems so many people are happy about this memo for the following reason:
1. They are not affected by this memo ( for sure ).
2. They are fed up with Body Shoppers.
You can not ask them to change as they have their own take on this memo.
Personally after reading so many scenarios I don't support this memo.
They may not be affected by this memo and they are day dreaming they wont be affected in the future also. This is just starting and you never know what USCIS and antis are planning. This memo is very unfair for people who are in this country 5-10 years and stuck in the GC backlog. Assume that people who are in full time fired...what they will do. Just they will run this body shop. Then they will understand what this is all about. I personally do not like people suffering for no reason.
PavanV
09-04 01:04 PM
I am having a gala time reading the threads, thanks for the free entertainment folks :D, please keep going.
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we_r_d_world
03-27 05:07 PM
Love to see narendra modi as PM but I know that's far from happening. I would bet on LK for now.
NaMo will certainly CHANGE India for sure in a positive way in all aspects. In my opinion, he has another 10 more years to go before he becomes PM. I have very high hopes for him.
A politically active friend once told me (The quote touched me very much), if NaMo manages to stay alive for another 10-15 years, he will certainly be PM of India and that will be the start of India returning to golden ages.
NaMo will certainly CHANGE India for sure in a positive way in all aspects. In my opinion, he has another 10 more years to go before he becomes PM. I have very high hopes for him.
A politically active friend once told me (The quote touched me very much), if NaMo manages to stay alive for another 10-15 years, he will certainly be PM of India and that will be the start of India returning to golden ages.
2010 %IMG_DESC_3%
poorslumdog
09-04 12:51 PM
You moron coming from the slum region or any other place in Bihar.
You don't know about keralites.
100% Literacy.
Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
It is God's own country.
Visit and see the details.
Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
Do you ????
Mr.Nair tell me is it Gulf or Gelf. Do you still wear lunky in office or smoke peedi...enda peedi malabar pedi, enda CM EK nayar...he he :D
If its GOD own country...what are you doing there. Are you renting it mr.Nair
by the way how is omana kutty.
You don't know about keralites.
100% Literacy.
Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
It is God's own country.
Visit and see the details.
Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
Do you ????
Mr.Nair tell me is it Gulf or Gelf. Do you still wear lunky in office or smoke peedi...enda peedi malabar pedi, enda CM EK nayar...he he :D
If its GOD own country...what are you doing there. Are you renting it mr.Nair
by the way how is omana kutty.
more...
Legal
07-03 10:37 PM
I have drafted a letter:
Dear Reporter/ Senator/ Congressman,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation to verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.
We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
Dear Reporter/ Senator/ Congressman,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation to verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.
We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
hair %IMG_DESC_4%
gondalguru
07-15 11:09 PM
Some one has done a very good analysis in this thread.
http://immigrationvoice.org/forum/showthread.php?t=4285&page=107
Here is copy and paste of the post by gcobessesed
----------------------------------
Reading this post and the Ron Gotcher numbers, I see some answers for the pending India backlog number question and a silver lining for EB2.
Quote:
Originally Posted by drirshad View Post
(Quoting Ron Gotcher) The CIS backlog does not appear to be as serious as I had been told previously. Rather than 600,000 pending employment based AOS cases, it is likely less than 400,000 pending cases.
Quote:
Indian applicants make up approximately 40 to 45 per cent of the entire employment based quota backlog
Therefore, about 160,000 applications are pending for India!
As we have seen before, EB3 and EB2 are almost the same proportion for India with EB3 being slightly higher. So, about 85,000 for EB3 and 75,000 for EB2 are pending.
Quote:
Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.
This means, EB2 will get all unused EB1 visas and EB3 will only get 1/3 of the total 140,000 employment based visas (and 7% per country) until EB2 becomes current.
Also, because 40-45% of the applications are from India, we can assume 40% of the yearly EB1+EB2 *may* be applied to EB2 India. i.e. approximately 35,000 visas per year for India EB2!!!
Putting this in perspective with the pending 75,000 EB2 India applications, we should see all of them approved in the next 3 years. i.e. If your EB2 India priority date is in early 2007, then your I-485 will be approved by 2011, which is fantastic!
If you assume a uniform distribution of applications between Apr 2004 and Apr 2007 (say), it is straightforward to calculate when your date might become current in the next 3 years.
So, according to this, the cut-off date for EB2 India should move towards end of 2004 in the Oct/Nov bulletin. If that happens, then the above argument will be validated.
__________________
I am very confident that EB-2 india will become current in about 14-18 months.
http://immigrationvoice.org/forum/showthread.php?t=4285&page=107
Here is copy and paste of the post by gcobessesed
----------------------------------
Reading this post and the Ron Gotcher numbers, I see some answers for the pending India backlog number question and a silver lining for EB2.
Quote:
Originally Posted by drirshad View Post
(Quoting Ron Gotcher) The CIS backlog does not appear to be as serious as I had been told previously. Rather than 600,000 pending employment based AOS cases, it is likely less than 400,000 pending cases.
Quote:
Indian applicants make up approximately 40 to 45 per cent of the entire employment based quota backlog
Therefore, about 160,000 applications are pending for India!
As we have seen before, EB3 and EB2 are almost the same proportion for India with EB3 being slightly higher. So, about 85,000 for EB3 and 75,000 for EB2 are pending.
Quote:
Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.
This means, EB2 will get all unused EB1 visas and EB3 will only get 1/3 of the total 140,000 employment based visas (and 7% per country) until EB2 becomes current.
Also, because 40-45% of the applications are from India, we can assume 40% of the yearly EB1+EB2 *may* be applied to EB2 India. i.e. approximately 35,000 visas per year for India EB2!!!
Putting this in perspective with the pending 75,000 EB2 India applications, we should see all of them approved in the next 3 years. i.e. If your EB2 India priority date is in early 2007, then your I-485 will be approved by 2011, which is fantastic!
If you assume a uniform distribution of applications between Apr 2004 and Apr 2007 (say), it is straightforward to calculate when your date might become current in the next 3 years.
So, according to this, the cut-off date for EB2 India should move towards end of 2004 in the Oct/Nov bulletin. If that happens, then the above argument will be validated.
__________________
I am very confident that EB-2 india will become current in about 14-18 months.
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Legal
07-23 12:50 PM
Legal,
I hope you are right. But I am not convinced because there was a statement in USCIS testimony that they used up 65% of their target in first 5 months. So even if they used up just 30% in next 5 months, there will be very few Visas left over. If their target did not include the spill overs, then you are right. But in that case, a part of the spill over should also go to EB3. So EB3 should open up again. I am also EB2. So I hope you are right. But as of now, it appears that either there are not many visas left over or it can be that USCIS target was very low.
that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.
I hope you are right. But I am not convinced because there was a statement in USCIS testimony that they used up 65% of their target in first 5 months. So even if they used up just 30% in next 5 months, there will be very few Visas left over. If their target did not include the spill overs, then you are right. But in that case, a part of the spill over should also go to EB3. So EB3 should open up again. I am also EB2. So I hope you are right. But as of now, it appears that either there are not many visas left over or it can be that USCIS target was very low.
that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.
hot %IMG_DESC_5%
lordoftherings
07-11 06:24 PM
DO NOT go through any of these agencies. they just put additional delays in your PR processing. I got my Canadian PR in 14 months without any professional help.
On an average, they will charge $3000 and cause an additional delay of 3-6 months in your case
And they are not 'PR Processing' companies. They just forward your application to the CIC.
Can you share with us the steps (or a link maybe) to file on our own.? I have heard of Maple a lot and most of my friends in the west coast are going through them. That's why I referred their name here. Note: I am not paid to market them and they are very expensive :(
thks!!
lotr
On an average, they will charge $3000 and cause an additional delay of 3-6 months in your case
And they are not 'PR Processing' companies. They just forward your application to the CIC.
Can you share with us the steps (or a link maybe) to file on our own.? I have heard of Maple a lot and most of my friends in the west coast are going through them. That's why I referred their name here. Note: I am not paid to market them and they are very expensive :(
thks!!
lotr
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house %IMG_DESC_17%
villamonte6100
02-18 11:17 AM
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. 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.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. 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.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.
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FinalGC
07-22 02:21 PM
I have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
Dear Friend:
The frustration that all these people state is because of the bitter experience most of them had. The whole business model of Amway is created to con people to get into business. When you understand that part.....every person who has some contact with Amway will have some disgust from their past.
Btw....if you see most of these guys arguing do not have much to do.(including me.:-) ).......this is one masala discussion and everybody is jumping in and passing their time....Nobody is intentionally ridiculing them...all people are trying to say is BEWARE!!! Njoy this discussion and move on buddy...:-)
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
Dear Friend:
The frustration that all these people state is because of the bitter experience most of them had. The whole business model of Amway is created to con people to get into business. When you understand that part.....every person who has some contact with Amway will have some disgust from their past.
Btw....if you see most of these guys arguing do not have much to do.(including me.:-) ).......this is one masala discussion and everybody is jumping in and passing their time....Nobody is intentionally ridiculing them...all people are trying to say is BEWARE!!! Njoy this discussion and move on buddy...:-)
more...
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ita
03-29 02:12 PM
or is it ignorance? (even if you are responding to someone' post)
Hindus in India have come a long way when it comes to religious tolerance,don't you know that?
Remember we had a Muslim as president(Abdul Kalam) a Sikh for PM(Manmohan Singh) a Italian Roman Catholic as the president of the ruling party(Sonia Gandhi).
But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on
If you say so then I think Sonial Gandhi/Rahul Gandhi/(even Priyanka Gandhi would be the front runners in list. Don't forget Sikh riots/Bofors/Oil Scam/the now Missile scam /KGB connection (ref 'State Within State')/ Rahul Gandhi's arrest by FBI and many more...
Here, have fun... enjoy this.( I know if it was written by a Hindu you would come back saying it's biased.But now you can really enjoy it )
To all it's a must read
http://74.125.93.104/search?q=cache:prdjEwwFXSUJ:www.francoisgautier.co m/Written%2520Material/Christian%2520India.doc+ambika+soni+religion&cd=5&hl=en&ct=clnk&gl=us
On a side note:
Kashmir Hindus were ousted by Muslims. Even during the recent Mumbai attacks perpetrators gave a interview to the news channel saying that it is an attack on the Hindu India.
Still Hindus maintained communal harmony even though Antulay, a muslim ,tried to take advantage of the situation.Still people like you carp about Muslim discrimination.
What is this desperation to keep the almost non-existent (Hindus-hate Muslims, Hindus hate Christians)hatred/discrimination alive even though reality time and again proves the harmony of Hindus.
Even after all this I believe the truth that be it Hindus/Muslims/Christians... we are human beings and equal by the very virtue .
US just elected a President who father and step father are Muslims. And that is great and the world appreciates that because it shows that this country can judge a person by his skills or character and not get stuck in bigoted views about muslims or other minorities. And we love this country for that
But when it comes to India, don't you think of voting for Rahul gandhi because he might have some blood of either a parsi or ('god forbid') muslim in him. That certainly should dis qualify him, shouldn't it. Nepotism is certainly bad but this takes the cake. Dont vote for him because he might be 10% parsi/muslim (I am sure you have not forgotten about the italian heritage but you can raise that later). But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on
Hindus in India have come a long way when it comes to religious tolerance,don't you know that?
Remember we had a Muslim as president(Abdul Kalam) a Sikh for PM(Manmohan Singh) a Italian Roman Catholic as the president of the ruling party(Sonia Gandhi).
But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on
If you say so then I think Sonial Gandhi/Rahul Gandhi/(even Priyanka Gandhi would be the front runners in list. Don't forget Sikh riots/Bofors/Oil Scam/the now Missile scam /KGB connection (ref 'State Within State')/ Rahul Gandhi's arrest by FBI and many more...
Here, have fun... enjoy this.( I know if it was written by a Hindu you would come back saying it's biased.But now you can really enjoy it )
To all it's a must read
http://74.125.93.104/search?q=cache:prdjEwwFXSUJ:www.francoisgautier.co m/Written%2520Material/Christian%2520India.doc+ambika+soni+religion&cd=5&hl=en&ct=clnk&gl=us
On a side note:
Kashmir Hindus were ousted by Muslims. Even during the recent Mumbai attacks perpetrators gave a interview to the news channel saying that it is an attack on the Hindu India.
Still Hindus maintained communal harmony even though Antulay, a muslim ,tried to take advantage of the situation.Still people like you carp about Muslim discrimination.
What is this desperation to keep the almost non-existent (Hindus-hate Muslims, Hindus hate Christians)hatred/discrimination alive even though reality time and again proves the harmony of Hindus.
Even after all this I believe the truth that be it Hindus/Muslims/Christians... we are human beings and equal by the very virtue .
US just elected a President who father and step father are Muslims. And that is great and the world appreciates that because it shows that this country can judge a person by his skills or character and not get stuck in bigoted views about muslims or other minorities. And we love this country for that
But when it comes to India, don't you think of voting for Rahul gandhi because he might have some blood of either a parsi or ('god forbid') muslim in him. That certainly should dis qualify him, shouldn't it. Nepotism is certainly bad but this takes the cake. Dont vote for him because he might be 10% parsi/muslim (I am sure you have not forgotten about the italian heritage but you can raise that later). But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on
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prem_goel
05-29 03:45 PM
http://www.complaintsboard.com/complaints/cognizant-technology-solutions-private-limited-c17075.html
i agree. to add the worst, if anyone jump to cognizant from other big companies like wipro, infy etc they designate you in management level may be 5 years + exp after graduation who is unfit for management lack of very basic communication skills, half knowledged tech skill etc etc etc. Moreover people jump to cognizant for onsite to USA and eventually settle in USA. For the reason being cognizant bring the people on L visa and do EB1C quick green card processing for management. while they file perm they fabricate the responsiblities to suit the EB1c requirement.
At the same time the person who stayed longer and longer with cognizant won't get promoted that easily to management.
one more thing i like to add here, cognizant makes the world feel it is a american company but the truth Cognizant technologies is 100% indian (desi) company like other companies like infy, wipro, tcs.
23 days ago by cts 0 Votes
how do we bring this to uscis attention about L1A fraud and cognizent employees applying in eb1 catagory by producing fake doc...
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
i agree. to add the worst, if anyone jump to cognizant from other big companies like wipro, infy etc they designate you in management level may be 5 years + exp after graduation who is unfit for management lack of very basic communication skills, half knowledged tech skill etc etc etc. Moreover people jump to cognizant for onsite to USA and eventually settle in USA. For the reason being cognizant bring the people on L visa and do EB1C quick green card processing for management. while they file perm they fabricate the responsiblities to suit the EB1c requirement.
At the same time the person who stayed longer and longer with cognizant won't get promoted that easily to management.
one more thing i like to add here, cognizant makes the world feel it is a american company but the truth Cognizant technologies is 100% indian (desi) company like other companies like infy, wipro, tcs.
23 days ago by cts 0 Votes
how do we bring this to uscis attention about L1A fraud and cognizent employees applying in eb1 catagory by producing fake doc...
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
more...
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Rohan99
07-21 12:03 PM
I am annoyed with these stalkers, they get your phone number and then keep calling you. So I have decided to write their names here
Amitabh Mishra From Sunnyvale area California. You can find this stalker in Sunnyvale area.
More than the money, these guys are plain stalkers! They don't leave you even if you are not interested and even after blindly telling them right on their face. Anywhere you go, Costco, Walmrt, Indian grocery stores, Malls these guys are right behind you. Next time i am calling COPS and i am going to report these guys.
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
Amitabh Mishra From Sunnyvale area California. You can find this stalker in Sunnyvale area.
More than the money, these guys are plain stalkers! They don't leave you even if you are not interested and even after blindly telling them right on their face. Anywhere you go, Costco, Walmrt, Indian grocery stores, Malls these guys are right behind you. Next time i am calling COPS and i am going to report these guys.
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
girlfriend %IMG_DESC_14%
Macaca
06-26 07:54 PM
The assessment is correct. The Visa Bulletin is published by the 15th. of every month by DOS. So, by July 15, whatever number of applications, USCIS receives, they have to count them and send the numbers to DOS. DOS then have to do their math and come up with August 2007 numbers, but August 2007 Visa Bulletin has to be published by July 15.
DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
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Jerrome
05-01 10:19 PM
What do you know, if you don't know anything then shut the hell-up and don't reply.
I have been to srilanka and only tamils in colombo should have ID wherever they go. I was checked in multiple places because i was from TN.(this was back in 2000).
I have met hundreds of businessman from srilanka in TN who lost everything and doing daily work to live. They were not from south or north part of SL but from colombo..
Do you know how many tamils fled that country and living all over the world.
Even now there is no political solution provided by SL govt after they clear out the so called Terrorists.
It is India's business because india provided training and weapons to the so called terrorists during indra gandhi period. If we don't mind then china and pak will mind and they will be at India's balls and they can squeeze as hard as they can.
Please close this thread..it is not going anywhere..
And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
I have been to srilanka and only tamils in colombo should have ID wherever they go. I was checked in multiple places because i was from TN.(this was back in 2000).
I have met hundreds of businessman from srilanka in TN who lost everything and doing daily work to live. They were not from south or north part of SL but from colombo..
Do you know how many tamils fled that country and living all over the world.
Even now there is no political solution provided by SL govt after they clear out the so called Terrorists.
It is India's business because india provided training and weapons to the so called terrorists during indra gandhi period. If we don't mind then china and pak will mind and they will be at India's balls and they can squeeze as hard as they can.
Please close this thread..it is not going anywhere..
And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
Legal
07-24 07:26 PM
VDLRAO Ji,
Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations
My conclusion is just like every one else Ron Gotcher is also speculating.
Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations
My conclusion is just like every one else Ron Gotcher is also speculating.
Ramba
03-30 03:32 PM
That is the tragedy of India. Except Indians everybody has ruled India and still people have no remorse, no self respect.
India is very difficult to rule. Thats why we outsource that. It is not a joke.
Even after independence, Nehru had very strong majority goverment. Still he had a problems in ruling the country. He had lot of vision in economy, poverty, socialism etc.. But he and subsequent PMs (mostly congress) failed becuse of unimaginable local issues based on India's diversity and polygenious nature of the state. India is a victim of its own diversity and long/old (and strong) regional history. This diversity includes language, tradition, culture, food habit, religion, caste and so on. Therefore, India is victim of its own division and diversity. India is untied or born in 1947 because of British rule. Infact, there is no country called Republic of India before 1947. Indian constitution (or concept of united India) is brand new compare to regional history. Naturally, regional interest always prevails. So ruling India is still a new and uphill task. 60 years is very less to come to conclusion. Thats why, all congress PMs had failed in reforms. And now in the information age, India become materialistic, everybody wants everything. So naturally corruption increases. So one can not blame just congress alone for the mess.
India is very difficult to rule. Thats why we outsource that. It is not a joke.
Even after independence, Nehru had very strong majority goverment. Still he had a problems in ruling the country. He had lot of vision in economy, poverty, socialism etc.. But he and subsequent PMs (mostly congress) failed becuse of unimaginable local issues based on India's diversity and polygenious nature of the state. India is a victim of its own diversity and long/old (and strong) regional history. This diversity includes language, tradition, culture, food habit, religion, caste and so on. Therefore, India is victim of its own division and diversity. India is untied or born in 1947 because of British rule. Infact, there is no country called Republic of India before 1947. Indian constitution (or concept of united India) is brand new compare to regional history. Naturally, regional interest always prevails. So ruling India is still a new and uphill task. 60 years is very less to come to conclusion. Thats why, all congress PMs had failed in reforms. And now in the information age, India become materialistic, everybody wants everything. So naturally corruption increases. So one can not blame just congress alone for the mess.
