485InDreams
09-26 10:49 AM
CNN should not take 1000+ peoples effort for granted...These people went all the way to washington for some common cause....and it should not be misleading to the public...
Purpose of the media is to fetch right information at the right time to the public which they are not doing.....
Purpose of the media is to fetch right information at the right time to the public which they are not doing.....
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delhiguy
07-09 03:43 PM
I was surprised to see that nowhere it was mentioned that USCIS processed 25k petitions over the weekend (or nearly 60k in 2 weeks) as reported by some USCIS officials last week and in many cases broke their own regulations by approving several cases with pending background/name checks. That definitely sounds to me like a conspiracy against July filers....In my view, that should have been one of the strongest points we can use against USCIS. I dont think we have a case against DOS as they had to revise the bulletin as USCIS requested more than available Visa numbers and exhausted the quota.....Even Dr. Rice made it clear in her NBC interview from the DOS perspective that revision of visa bulletin caused an "inconvenience" to the petitioners....
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
frostrated
07-13 09:20 AM
when is the next 485 pending inventory report due?
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jkays94
07-10 02:39 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
more...
kicca
08-29 02:11 PM
yes, it is the I485 STANDARD OPERATING PROCEDURE...
thehulkdeals
08-16 01:00 PM
EB3 for ROW has retrogressed quite a bit and this could actually be a great opportunity to beef up the DC rally with people from the rest of the world. It would be much better to have legal immigrants from all over the world protesting instead of just Indians and some Chinese. Core group, time to look in that direction since we only have a month before the rally? I expect there to be a lot of Europeans and Aussies on the East Coast on EB-3.
I am still trying to understand this GC process. My PD (EB3-ROW) is March 31, 2006. I do not see that this Spt bulletin is a good news for me. So When should I expect my PD become current? 4-5 years.
My lawyer did process my i-140/i-485 for the July visa Viasco, but i think they only send the i-140 and the AP/EAD forms. Is this possible and what are the benefit for these applications.
Thanks
I am still trying to understand this GC process. My PD (EB3-ROW) is March 31, 2006. I do not see that this Spt bulletin is a good news for me. So When should I expect my PD become current? 4-5 years.
My lawyer did process my i-140/i-485 for the July visa Viasco, but i think they only send the i-140 and the AP/EAD forms. Is this possible and what are the benefit for these applications.
Thanks
more...
Jaime
09-12 02:05 PM
Come on guys! We need thosands of us in DC! For those still debating, email us, we will help you with funds and logistics! LET'S GO GUYS!!! THIS IS OUR CHANCE!!!! WE HAVE GOVERNORS AND BUSINESS ON OUR SIDE, BUT ESPECIALLY WE HAVE TRUTH ON OUR SIDE!!!! LET'S GO TOGETHER TO DC!!!!
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go_gc_way
01-03 03:24 PM
bump !
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pappu
01-19 10:13 PM
Hello Members,
I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..
1. Meet the law members compaign. List of Congress Members is below:
http://www.visi.com/juan/congress/cgi-bin/newseek.cgi?site=ctc&state=nj
2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
3. Commercials in Theaters playing Hindi movies
4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.
It is up to us to get these initiatives going as soon as we can.
Thanks for attending the call and taking initiative.
I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..
1. Meet the law members compaign. List of Congress Members is below:
http://www.visi.com/juan/congress/cgi-bin/newseek.cgi?site=ctc&state=nj
2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
3. Commercials in Theaters playing Hindi movies
4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.
It is up to us to get these initiatives going as soon as we can.
Thanks for attending the call and taking initiative.
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hara_patta_for_rico
07-09 07:28 PM
1. In the first 3 quarters they are supposed to use 81%(3*27%) of 140,000 = 113400. They used up 140,000(which is not according to their regulation A).
2. Regarding clause B, in June they could have used 14000(from June) + 47400(Remaining quota from previous months i.e 113400- 66000) = 61400. They used 74000 in June(which is not according to their regulation B).
2. Regarding clause B, in June they could have used 14000(from June) + 47400(Remaining quota from previous months i.e 113400- 66000) = 61400. They used 74000 in June(which is not according to their regulation B).
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ramus
07-02 10:44 PM
100 more from tapukakababa
Accept my $100 contribution towards USCIS lawsuit done by AILA.
Accept my $100 contribution towards USCIS lawsuit done by AILA.
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spicy_guy
08-11 11:46 AM
Are we concluding that we will not have any support from IV for EB3?
Can we draft a letter to USCIS and push it through the founding fathers of IV?
I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.
Everyone wants to do that. But the question is how?
Can we draft a letter to USCIS and push it through the founding fathers of IV?
I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.
Everyone wants to do that. But the question is how?
more...
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ItIsNotFunny
10-15 02:51 PM
I wrote this once before and I will say it one last time. Pulling stunts such as the flower campaign is PLAIN STUPID. May be not to the extent we feel it should, but USCIS does realize that there are issues with how it is handling cases. It is doing the best it can with the limited resources it is being provided. Please dont embarrass USCIS anymore. Would you keep calling a blind person, blind? Please stop this childish behavior. If anything lets start thinking about CIR and how we can influence changes to favor legal immigrants. We have the time now so start lobbying for changes.
Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.
One last thing, if anybody believes that a dozen flowers did the trick last time, let me judge your intelligence for you. You are borderline RETARTDED. I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.
I believe we are educated and sane people, so lets start doing the right thing.
Enough said.
You have difference of opinion and I respect that. What you are underestimating is power of peaceful protest. One more thing, pardon me on this but I hardly understood anything where you are going in second paragraph.
One more thing, your message may be right but language was too strong :)
Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.
One last thing, if anybody believes that a dozen flowers did the trick last time, let me judge your intelligence for you. You are borderline RETARTDED. I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.
I believe we are educated and sane people, so lets start doing the right thing.
Enough said.
You have difference of opinion and I respect that. What you are underestimating is power of peaceful protest. One more thing, pardon me on this but I hardly understood anything where you are going in second paragraph.
One more thing, your message may be right but language was too strong :)
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mi2
01-17 03:43 PM
Setup through my bank.
Good job IV!
Good job IV!
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SunnySurya
07-28 11:24 AM
I am a hindu but I also want to present anothere extrem point of view..
PS: I DON'T like the tone of his blog..
http://www.thoughts.com/truth/blog/oh-you-hindu-awake-16869/
PS: I DON'T like the tone of his blog..
http://www.thoughts.com/truth/blog/oh-you-hindu-awake-16869/
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andycool
07-12 04:56 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
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tapukakababa
07-03 03:54 PM
I have contributed $100 yesterday. We can do it.
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uma001
03-21 03:30 PM
****Plus $12K and then what? You will leave the firm in 6 months.****
Working for them till I get green card itself a big thing.You know getting green card takes a decade. How can you leave in 6 months just after filing.
BTW,Are you the owner of one of these companies?
Companies,
Don't show green card fruits before hiring an employee...Just be frank. Say it if you dont do green card before hiring , not after joining.
Working for them till I get green card itself a big thing.You know getting green card takes a decade. How can you leave in 6 months just after filing.
BTW,Are you the owner of one of these companies?
Companies,
Don't show green card fruits before hiring an employee...Just be frank. Say it if you dont do green card before hiring , not after joining.
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Canadian_Dream
04-10 05:56 PM
the fact that reform is needed does not mean this is the best way.
and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.
My only point was: the way H1B was set-up there was too much leverage to the corporations. This led to abuse by them at your and my cost. End result was wage depression, Green Card Backlogs and now H1B crisis. No matter how you argue it, the abusers have been a clear winner as an end result. Look no further than mushrooming of recruiting companies, and growing profit margins of TCS, Infosys and Wipro.
In the end the reform has to come, unfortunately it came again at our cost. I agree it is not the best way to reform it, because it isn't in the best interest of H1B holders, but I guess the intention here is to stop the abuse at any cost. The best way probably would have been making H1B independent of the employer but again me and you are not kept in mind when a law like this is being written. What happens to BCG, Oracle etc, perhaps law should provide a way to separate wheat from chaff. If you take a closer look at it, these corporations do provide consulting services but consultants are still "Permanent Employees" with a fix wages and benefits but body shoppers have a different model with unpaid bench period and what not. In fact you can find
Permanent Residents and US Citizens wanting to work or working with BCG, Oracle etc, but you don't see that with bodyshoppers and that's why I guess the 50% US Citizen clause in the proposed law. Please don't confuse this with the notion that I support or oppose this law. I am just trying to argue that if off shoring companies (Infosys, TCS etc) with 90% H1B's and local body shopping firms 100% H1B are getting punished I have no sympathy for them. These are the same people who refuse to give people copy I-140 approval notice and file for 59 Green Cards out of 20,000 H1B's they bring.
How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
Applying your logic , you should get a job in your home country if you are smart enough.
You should first read the original post that I responded to understand the context. As far as wages are concerned it is because of these corporations that hourly rates however high look meager when H1B statistics are collected by DOL, because a large cut is added to profit margins. That's why opponents of H1B program can point finger and say prevailing wages are not market wages. Do you support this practice of making profit by eating away a huge chunk of your pay just because they sponsor H1B (a Green Card the retention benefit to continue doing this for atleast 3-4 years) ? If you are then you are doing it at your own peril.
Check out some of the prevailing wages and see for yourself if these are real market wages:
System Analyst in San Jose California $64K
http://www.deloitte.com/dtt/cda/doc/content/032807_systmsanaly_sanfranciscoCA.pdf
Consultant in San Francisco 55K
http://www.deloitte.com/dtt/cda/doc/content/032807_taxconsII_sanjoseCA.pdf
and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.
My only point was: the way H1B was set-up there was too much leverage to the corporations. This led to abuse by them at your and my cost. End result was wage depression, Green Card Backlogs and now H1B crisis. No matter how you argue it, the abusers have been a clear winner as an end result. Look no further than mushrooming of recruiting companies, and growing profit margins of TCS, Infosys and Wipro.
In the end the reform has to come, unfortunately it came again at our cost. I agree it is not the best way to reform it, because it isn't in the best interest of H1B holders, but I guess the intention here is to stop the abuse at any cost. The best way probably would have been making H1B independent of the employer but again me and you are not kept in mind when a law like this is being written. What happens to BCG, Oracle etc, perhaps law should provide a way to separate wheat from chaff. If you take a closer look at it, these corporations do provide consulting services but consultants are still "Permanent Employees" with a fix wages and benefits but body shoppers have a different model with unpaid bench period and what not. In fact you can find
Permanent Residents and US Citizens wanting to work or working with BCG, Oracle etc, but you don't see that with bodyshoppers and that's why I guess the 50% US Citizen clause in the proposed law. Please don't confuse this with the notion that I support or oppose this law. I am just trying to argue that if off shoring companies (Infosys, TCS etc) with 90% H1B's and local body shopping firms 100% H1B are getting punished I have no sympathy for them. These are the same people who refuse to give people copy I-140 approval notice and file for 59 Green Cards out of 20,000 H1B's they bring.
How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
Applying your logic , you should get a job in your home country if you are smart enough.
You should first read the original post that I responded to understand the context. As far as wages are concerned it is because of these corporations that hourly rates however high look meager when H1B statistics are collected by DOL, because a large cut is added to profit margins. That's why opponents of H1B program can point finger and say prevailing wages are not market wages. Do you support this practice of making profit by eating away a huge chunk of your pay just because they sponsor H1B (a Green Card the retention benefit to continue doing this for atleast 3-4 years) ? If you are then you are doing it at your own peril.
Check out some of the prevailing wages and see for yourself if these are real market wages:
System Analyst in San Jose California $64K
http://www.deloitte.com/dtt/cda/doc/content/032807_systmsanaly_sanfranciscoCA.pdf
Consultant in San Francisco 55K
http://www.deloitte.com/dtt/cda/doc/content/032807_taxconsII_sanjoseCA.pdf
valuablehurdle
02-10 07:38 AM
I also have Continental Airmiles that I can donate. Please PM me if anyone is interested. I will be driving to DC myself since I am just 4 hours away.
Macaca
09-10 02:33 PM
Hey Andy! Come over to DC on 18th
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