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rennieallen
03-05 07:41 PM
My $0.02:
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
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meridiani.planum
07-28 12:07 PM
To all the above liberal minded people who said what's wrong with this. Lord Ganesha is symbol of intelligence and soma (the divine liquor) is not associated with Him.
Now what if your faces or your parents pictures are put on toilet seats and covers. Do you say the same thing?? Now there is no difference between you guys and M** F** Hussain who choses our God to draw objectionable pictures. You all are hyprocrites.
beer != toilet seat.
picture-of-Ganesha != picture-of-your-parents.
Please dont sensationalize this and try to make it news when it is'nt.
People like VHP and Bajrang Dal do this to exploit divisions that result in more votes for them (its almost the way Hitler exploited divisions against the Jews). As educated, skilled, tech-savvy, responsible adults atleast we should all refrain from getting caught up in all this.
Move on guys. Worry about retrogression and priority dates. Even those stupid threads on LUDs are more productive than this one.
Now what if your faces or your parents pictures are put on toilet seats and covers. Do you say the same thing?? Now there is no difference between you guys and M** F** Hussain who choses our God to draw objectionable pictures. You all are hyprocrites.
beer != toilet seat.
picture-of-Ganesha != picture-of-your-parents.
Please dont sensationalize this and try to make it news when it is'nt.
People like VHP and Bajrang Dal do this to exploit divisions that result in more votes for them (its almost the way Hitler exploited divisions against the Jews). As educated, skilled, tech-savvy, responsible adults atleast we should all refrain from getting caught up in all this.
Move on guys. Worry about retrogression and priority dates. Even those stupid threads on LUDs are more productive than this one.
hara_patta_for_rico
07-10 08:12 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
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masouds
02-16 12:38 PM
Yes you have in your posts supported what IV stands against. You have appreciated policies of US government not letting Indians and Chinese here.So I am not sure what you stand for. IV has opposing country caps on agenda from last three years and suddenly you are telling folks that there are too many Indians and Chinese here and you support caps and less Indians and Chinese here. Yes you are minority and you can say your voice but cannot be racist and cannot offend the majority.
I am sorry if I offended anyone. I don't recall how.
and by the way, my friend, you really really need a life :-) That's the last thing you'll hear from me on this subject.
peace out
I am sorry if I offended anyone. I don't recall how.
and by the way, my friend, you really really need a life :-) That's the last thing you'll hear from me on this subject.
peace out
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amitjoey
08-11 10:21 AM
Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums
As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."
Mr Path of Joy
I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degrees for an EB2. But it is not as simple as you make it sound.
A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.
I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.
So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.
Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.
As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."
Mr Path of Joy
I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degrees for an EB2. But it is not as simple as you make it sound.
A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.
I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.
So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.
Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.
ashatara78
03-10 04:38 PM
The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.
I have no comments about comparison of family vs EB but the EB immigration system was not find before then. I have friends who were in this system in the late 1980s, early 1990s and had huge problems - had to wait a long time, could not switch jobs, could not visit back home for sibling's weddings etc.
It was probably fine during the Clinton administration for a few years 1996-1999 but I only know of a few cases, not many.
I have no comments about comparison of family vs EB but the EB immigration system was not find before then. I have friends who were in this system in the late 1980s, early 1990s and had huge problems - had to wait a long time, could not switch jobs, could not visit back home for sibling's weddings etc.
It was probably fine during the Clinton administration for a few years 1996-1999 but I only know of a few cases, not many.
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srkamath
07-12 08:18 PM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.........
Good point, i agree............
Good point, i agree............
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zuhail
03-10 04:15 PM
The Visa re-capture issue could be taken immediately after the FOIA issue.
But I guess it would be all up to the IV team to decide the agenda of this organization.
It would be nice to focus all our efforts and time on ONE issue only.
When we start adding other proposals (which only gives us only temporary relief), the main message gets lost invariably.
I think we could set-up a poll as below: (it would give us an idea about the support in this forums to achieve this target:)
Poll:
To ONLY Re-Capture Un-used visa numbers:
I truthfully would pledge:
i) $100 in 15 days
ii) $200 in 15 days
iii) $500 or more in 15 days.
Any one donation NOT to be less than $100 PLEASE.
I believe that the goal of Visa Re-capture is worth more than that even if you are making multiple donations.
But I guess it would be all up to the IV team to decide the agenda of this organization.
It would be nice to focus all our efforts and time on ONE issue only.
When we start adding other proposals (which only gives us only temporary relief), the main message gets lost invariably.
I think we could set-up a poll as below: (it would give us an idea about the support in this forums to achieve this target:)
Poll:
To ONLY Re-Capture Un-used visa numbers:
I truthfully would pledge:
i) $100 in 15 days
ii) $200 in 15 days
iii) $500 or more in 15 days.
Any one donation NOT to be less than $100 PLEASE.
I believe that the goal of Visa Re-capture is worth more than that even if you are making multiple donations.
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alias
06-10 02:20 PM
Even with EAD there is a problem finding jobs today. Employers sometimes do not call you after you tell them you have EAD. If they are going to make Immigration difficult for legals do you really think having EAD or not having EAD will really count? Nobody will give job for fear of lot of legal paper work, lawyer cost and complicated rules associated with layoffs. After TARP it was tough to get jobs in financial sector even if there was no TARP restriction for that position.
Don't you guys get it?
why are you digressing from the topic in this thread? let's put aside the EAD discussion for some other time :)
Don't you guys get it?
why are you digressing from the topic in this thread? let's put aside the EAD discussion for some other time :)
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WillIWin?
07-23 02:24 PM
My lawyer is going to submit the 485 WITHOUT a letter from my current employer. This is going to be a concurrent I-140 and I-485 application (140 and 485 applied together).
I looked at the 485 application form and see that it clearly mentions - page 5, that a letter from the employer is required (mentioning job title, job description and salary). My lawyer still says it is NOT required.
- Are there people who have submitted 485 applications OR who are going to submit the 485 WITHOUT an Employment letter ? Replies/advice greatly appreciated.
Thanks in Advance!
I looked at the 485 application form and see that it clearly mentions - page 5, that a letter from the employer is required (mentioning job title, job description and salary). My lawyer still says it is NOT required.
- Are there people who have submitted 485 applications OR who are going to submit the 485 WITHOUT an Employment letter ? Replies/advice greatly appreciated.
Thanks in Advance!
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Libra
09-28 04:19 PM
some of them are doing for votes and some of them doing it for show ratings, but racism and hatred is there in their blood. i dont think they change their stance on this. but if they continue provoking white americans against immigrants like this, one day we have to face same thing what black americans faced in 50's and 60's, and govt is fully ignoring this.
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quizzer
04-04 04:57 PM
On hindsight i belive this bill would help clean the H1B system currently abused by many bodyshops.
It would pit lot of controls on these numerous small time companies who just file H1B's on the first day..get people on bench and wait to place them in big companies for a huge money.
This leads to lot of people not getting a chance to filre H1B even though they have good offers from fortune 500 companies.
I feel we should give credit to these 2 for coming out with this bill.
Thanks
It would pit lot of controls on these numerous small time companies who just file H1B's on the first day..get people on bench and wait to place them in big companies for a huge money.
This leads to lot of people not getting a chance to filre H1B even though they have good offers from fortune 500 companies.
I feel we should give credit to these 2 for coming out with this bill.
Thanks
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06-11 11:29 AM
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srkamath
07-18 03:17 PM
I complied the list from visa stastistics website
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
example 2007 numbers from
http://www.travel.state.gov/pdf/FY07AnnualReportTableVp2.pdf
2006 numbers from
http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf
This is simply the best data i have ever seen an IV member dig out in the last 2 years.. Great Job sachug22
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
example 2007 numbers from
http://www.travel.state.gov/pdf/FY07AnnualReportTableVp2.pdf
2006 numbers from
http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf
This is simply the best data i have ever seen an IV member dig out in the last 2 years.. Great Job sachug22
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saimrathi
07-03 04:18 PM
When we are already doing the work (sending flowers, calling senators & media etc), why should we pay IV? Also, I would feel more comfy donating to something where I can see where the money is going.. I'm not well versed with the website, but is there a place I can get financial info from.. Thnks..
I understand your concern, it could be a waste of time and might not get us relief, but look, we have been trying to raise awareness and get media attention. And this law-suit will definately get us attention and open up debate about legal-immigrants.
Lawsuit against USCIS, generates a lot of media articles and also the wrong-doing will be highlighted and brought to the administration's attention.
I understand your concern, it could be a waste of time and might not get us relief, but look, we have been trying to raise awareness and get media attention. And this law-suit will definately get us attention and open up debate about legal-immigrants.
Lawsuit against USCIS, generates a lot of media articles and also the wrong-doing will be highlighted and brought to the administration's attention.
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hmehta
11-20 12:50 AM
Probably, at this moment it might still be true but the reality is that it is soon going to be demoted from this position......so there is nothing like missing the opportunity....!!!!
Please do not take any precipitated steps that harm yours status ! Calm down. This is still the strongest economy in the world. You don't want to miss this unique opportunity !
Please do not take any precipitated steps that harm yours status ! Calm down. This is still the strongest economy in the world. You don't want to miss this unique opportunity !
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hpandey
10-15 02:25 PM
I have a doubt about what can be accomplished by the flower campaign. I am totally for it if it would help but just think - it is not in USCIS hands to assign more visas to EB3 or EB2. The number of visas is limited and the number of people waiting for the visas is huge. That is the whole cause of retrogression . If there were as many visas as the people everything would be current.
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
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msyedy
06-12 04:58 PM
Jeo laal Jeo.... I totally agree with you. I want to see these h1 b restrictions that have been applied in the CIR pass. It will be fun...
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.
My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.
My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.
Suva
08-10 02:06 PM
I am in.
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03-15 08:40 AM
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