nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
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needhelp!
10-28 06:15 PM
Did this last Friday. Waiting on receipt number.
This is the doc:
http://docs.google.com/Doc?id=ddkc5z3x_4cj4sxwgh
This is the doc:
http://docs.google.com/Doc?id=ddkc5z3x_4cj4sxwgh
yetanotherguyinline
05-15 03:00 PM
If you are considering MBA please do these things before you decide.
1. Be absolutely sure why you want a MBA (have a specific reason like I want to move into ABC career or I want to do XYA in X years). Research the programs available and pick a program that suits your goals.
2. Talk to spectrum of people who have either achieved or on a patch to achieving ABC or XYZ you have identified in the above step. Find out how MBA helped them achieve their goals. Talk to people who have just finished MBA or in class right now along with people who have done MBA 10 years ago.
MBA is not just a degree, its much more than that. Depending on the program you get into, the brand and the networks can add far more value than what just a degree could have.
Disclaimer: I am enrolled in MBA program at Haas (University of California, Berkeley). So my views might be biased.
1. Be absolutely sure why you want a MBA (have a specific reason like I want to move into ABC career or I want to do XYA in X years). Research the programs available and pick a program that suits your goals.
2. Talk to spectrum of people who have either achieved or on a patch to achieving ABC or XYZ you have identified in the above step. Find out how MBA helped them achieve their goals. Talk to people who have just finished MBA or in class right now along with people who have done MBA 10 years ago.
MBA is not just a degree, its much more than that. Depending on the program you get into, the brand and the networks can add far more value than what just a degree could have.
Disclaimer: I am enrolled in MBA program at Haas (University of California, Berkeley). So my views might be biased.
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joeshmoe
08-16 02:30 PM
Gurus ...
How do you know if your namecheck is done or not? Can you just call USCIS and ask???
How do you know if your namecheck is done or not? Can you just call USCIS and ask???
more...
tikka
06-10 09:41 PM
Hi
Since have some down time.. maybe we can try and revive local chapters?
You folks - Jersey was quite active, maybe we can all work together.
Please PM me
thank you
Since have some down time.. maybe we can try and revive local chapters?
You folks - Jersey was quite active, maybe we can all work together.
Please PM me
thank you
gsc999
09-11 04:25 PM
It is amazing to see so much positive energy.
I am from California and more than forty people are flying. Some people are making plans at the last moment to go. So there will more.
Guys this is not the time to think it is time to act.
Put DC rally on top of your agenda rest of the things can probably wait and you know it. Don't loose this historic moment to make a difference. IV probably won't be organizing such an event any time soon.
Come to DC, yes and make a difference. You are important and let no one take you for granted anymore.
I am from California and more than forty people are flying. Some people are making plans at the last moment to go. So there will more.
Guys this is not the time to think it is time to act.
Put DC rally on top of your agenda rest of the things can probably wait and you know it. Don't loose this historic moment to make a difference. IV probably won't be organizing such an event any time soon.
Come to DC, yes and make a difference. You are important and let no one take you for granted anymore.
more...
msgrewal81
02-19 12:11 AM
If you are lazy enough to contact your representative and Obama, you should not complain for not getting your voice heard. Each and every email matter. Also contact Rep. Sheila Jackson-Lee [D, TX-18] on her website. contact all. It wont take 5 minutes.
Dear (Congressman/woman, Pres. Obama):
Recently an immigration bill was presented in the congress. The HR 264 is embarrassing for legal immigrants.
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
2) HR 264 says "continuous presence of 5 years". Of course illegal immigrants can't leave the country and they will fulfill this requirement, but legal immigrants can leave country so might have left country for even 3 or 4 months in last 5-6 years to visit home country or any other reason including business. Although brief discontinuity is said to be okay but what if some legal immigrant leave country to be his/her parents for 2 months in last 5 years? So, this continuous presence rule is tailor cut to include illegal immigrants and exclude legal immigrants.
Is this what law abiding get when they follow rules? I request you to make sure that legal immigrants are ahead of illegals in every way. An illegal should not be awarded for being in US for 5 years while a legal, law abiding, tax paying legal immigrant is offered nothing for being in US for 3 or 4 years.
Kind regards
(Your name)
https://writerep.house.gov/htbin/wrep_save
http://www.whitehouse.gov/contact/
Now click on the links above and copy paste this stuff there. IT IS IMPORTANT....
Dear (Congressman/woman, Pres. Obama):
Recently an immigration bill was presented in the congress. The HR 264 is embarrassing for legal immigrants.
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
2) HR 264 says "continuous presence of 5 years". Of course illegal immigrants can't leave the country and they will fulfill this requirement, but legal immigrants can leave country so might have left country for even 3 or 4 months in last 5-6 years to visit home country or any other reason including business. Although brief discontinuity is said to be okay but what if some legal immigrant leave country to be his/her parents for 2 months in last 5 years? So, this continuous presence rule is tailor cut to include illegal immigrants and exclude legal immigrants.
Is this what law abiding get when they follow rules? I request you to make sure that legal immigrants are ahead of illegals in every way. An illegal should not be awarded for being in US for 5 years while a legal, law abiding, tax paying legal immigrant is offered nothing for being in US for 3 or 4 years.
Kind regards
(Your name)
https://writerep.house.gov/htbin/wrep_save
http://www.whitehouse.gov/contact/
Now click on the links above and copy paste this stuff there. IT IS IMPORTANT....
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coldcloud
06-10 09:14 PM
what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.
Is this forum for letting every body know off what is coming and wake us to act are show off that I have an EAD and I escape from this situation and you are the ones caught in this? Are you not ashamed of your self? Did you read Pappu's initial posting fully?
Is this forum for letting every body know off what is coming and wake us to act are show off that I have an EAD and I escape from this situation and you are the ones caught in this? Are you not ashamed of your self? Did you read Pappu's initial posting fully?
more...
JalwaeJana
11-12 02:12 PM
Guys
So are we having a conference call or have we decided that we should individually write letter that has already been drafted.
So are we having a conference call or have we decided that we should individually write letter that has already been drafted.
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makemygc
07-05 10:56 AM
Core is putting their time and mmoney and doing this all for everybody
Pray please tell me what the core did for people stuck in BEC's.
Even these people contributed and once the dates were made current everybody and I'm sorry to say including the core forgot about them.
I know I'll be bashed for wrting this and pls dont get offended but I just had to ask.
Answer me this. God forbid but if you have a cancer and your brother has a malaria and you have just one doctor to treat. Would you ask doctor to treat you first since you have a bigger issue than your brother? No, right.
Dude, we all are brothers in this mess and everyone deserves to be treated fairly. I agree that core should work to eliminate BEC problem as well as any other opportunity to get any other immediate relief but core has limited resources, very limited funding plus and core needs to work on areas which fixes maximum number of lives here.
There are around 40000 people stuck in BEC and if 20% of those can join core and contribute, I'm sure that is enough number to allocate resources accordingly. But somehow people has got the wrong idea that IV is not for people stuck in BEC. I've seen similar posts in immigrationportal.com as well.
Now if IV will work for people who were eligible to file in July or even for people who just filed on Jul 2nd, i'm sure people will come and say that IV is for July 2nd people only. But that is not the case. Any issues/bill/ammendment which can bring some immediate relief should be worked along with our core issues which is retrogression. Once you are out of BEC (I hope you do asap as several of my friends stuck there), I'm sure your main issue will be retrogression and not BEC even if there are other people stuck there.
So lets not divide these communities any more, work together towards common cause that can bring some relief to our brother, sisters and ourselves. We all be benefitted if we all support each other.
Hope you understand.
Thanks
Pray please tell me what the core did for people stuck in BEC's.
Even these people contributed and once the dates were made current everybody and I'm sorry to say including the core forgot about them.
I know I'll be bashed for wrting this and pls dont get offended but I just had to ask.
Answer me this. God forbid but if you have a cancer and your brother has a malaria and you have just one doctor to treat. Would you ask doctor to treat you first since you have a bigger issue than your brother? No, right.
Dude, we all are brothers in this mess and everyone deserves to be treated fairly. I agree that core should work to eliminate BEC problem as well as any other opportunity to get any other immediate relief but core has limited resources, very limited funding plus and core needs to work on areas which fixes maximum number of lives here.
There are around 40000 people stuck in BEC and if 20% of those can join core and contribute, I'm sure that is enough number to allocate resources accordingly. But somehow people has got the wrong idea that IV is not for people stuck in BEC. I've seen similar posts in immigrationportal.com as well.
Now if IV will work for people who were eligible to file in July or even for people who just filed on Jul 2nd, i'm sure people will come and say that IV is for July 2nd people only. But that is not the case. Any issues/bill/ammendment which can bring some immediate relief should be worked along with our core issues which is retrogression. Once you are out of BEC (I hope you do asap as several of my friends stuck there), I'm sure your main issue will be retrogression and not BEC even if there are other people stuck there.
So lets not divide these communities any more, work together towards common cause that can bring some relief to our brother, sisters and ourselves. We all be benefitted if we all support each other.
Hope you understand.
Thanks
more...
Nil
03-17 11:31 AM
There are several of us who have been left with no choice but to file under EB3 by our employers, despite qualifying for EB2 at least.
Maybe the lawmakers should understand this plight...
Maybe the lawmakers should understand this plight...
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Jaime
09-13 09:50 PM
PM me! We want to see as many of us in DC next Tuesday!!!! Let's go guys!!!!!
more...
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greyhair
06-10 12:56 PM
May be we should do some thing dramatic. Like sending letter to Canadian Government, here we are 1000 skilled people with extensive experience and International degrees. Collectively we going to bring in $1 million or more. Can you expedite our Permanent residency!!
All US senators know that EB immigrants are going through Hell hole of USCIS. They are unable to do anything about it.
Although USCIS does not report to Congress, USCIS merely implement the laws created by 100 Senators and 435 House members. Our anger towards USCIS is mis-directed. The anger and focus should be on the Congress to pass the laws that will fix green card wait time.
All Senators are actors. They pretend that they know our problems but they actually do not do anything to fix our issues. Otherwise, why would this amendment have 70 votes as pappu said in his post.
All US senators know that EB immigrants are going through Hell hole of USCIS. They are unable to do anything about it.
Although USCIS does not report to Congress, USCIS merely implement the laws created by 100 Senators and 435 House members. Our anger towards USCIS is mis-directed. The anger and focus should be on the Congress to pass the laws that will fix green card wait time.
All Senators are actors. They pretend that they know our problems but they actually do not do anything to fix our issues. Otherwise, why would this amendment have 70 votes as pappu said in his post.
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uma001
10-01 09:51 AM
Guys,
Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card
Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card
more...
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kumarc123
02-12 02:43 PM
I am the one who asked him that question. And you can see he doesn't have any proof.
The million dollor question is,
what are we going to do about it?
What is IV going to do?
I am proposing a rally and hiring a lawyer to file a case. We group of people can hire Ron Gotcher or any other good lawyer to file a case. I am ready to give some money. But not to IV, as they have ignored all are comments and not done anything in recent months.
No rally, No public initiative.
The million dollor question is,
what are we going to do about it?
What is IV going to do?
I am proposing a rally and hiring a lawyer to file a case. We group of people can hire Ron Gotcher or any other good lawyer to file a case. I am ready to give some money. But not to IV, as they have ignored all are comments and not done anything in recent months.
No rally, No public initiative.
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paulavijit
03-17 09:08 AM
Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
more...
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lvinaykumar
07-07 02:27 AM
Good to see the line is moveing forward insted of backward :D
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apb
07-19 08:02 PM
My lawyer is asking for the tax returns for last three years for 485 filing??? I read W2s in the USCIS list but I do not know why he is asking for tax returns?? Any clue.....
USCIS also checks whether you have been paying taxes. W2 alone does not help.
USCIS also checks whether you have been paying taxes. W2 alone does not help.
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new_horizon
03-17 11:00 AM
the only good thing I see there are families in which both husband and wife filed separate GC petition. When one's gc process goes thru completion, the other petition will be withdrawn from the queue. : )
hope there are more cases like that.
hope there are more cases like that.
deepakjain
06-08 06:33 PM
My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:
You might get your GC while you are at the retirement home....
You might get your GC while you are at the retirement home....
ss777
05-15 02:27 PM
I totally agree with first para..but your client CIO getting promotion out of a Phoenix university degree surprises me..many people discouraged me from going there as they dont require GMAT to start with.
That surprised me also. He may be an exception but the fact that he was tapped for a management post that needs a management degree makes it imperative that his MBA played a good role. I am not saying Pheonix MBA is great. My point is Online MBA is valued in the industry.
That surprised me also. He may be an exception but the fact that he was tapped for a management post that needs a management degree makes it imperative that his MBA played a good role. I am not saying Pheonix MBA is great. My point is Online MBA is valued in the industry.
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