pappu
01-15 11:26 PM
Bumping /\/\/\/\/\/\/\/\/\/\/\/\
dont give up!
I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.
dont give up!
I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.
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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....
caydee
06-13 10:10 AM
I'm sure something is cooking in the senate cauldron. The CIR will be back and I don't expect these conclaves to result in any radical H1/EB changes.
Like Obelix we will not get any magic portion as we all fell into it when we were born....
Like Obelix we will not get any magic portion as we all fell into it when we were born....
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jayleno
07-13 11:57 AM
Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
Source please... or are you just kidding ?
Source please... or are you just kidding ?
more...
desibechara
04-07 06:26 PM
I dont even remember off hand about my date.
I think its Oct29, 2001 so I am just about there to become current.
And if I am not wrong, they seem to be working on files which have become current. So I guess my I140 and 485 gets adjudicated together.
Hope for the best. I hope they dont wate any time for finances because my colleague had furnished for her I140 last year only. So i guess they do ahve record and process my case quickly. its been long time now.
db
I think its Oct29, 2001 so I am just about there to become current.
And if I am not wrong, they seem to be working on files which have become current. So I guess my I140 and 485 gets adjudicated together.
Hope for the best. I hope they dont wate any time for finances because my colleague had furnished for her I140 last year only. So i guess they do ahve record and process my case quickly. its been long time now.
db
chanduv23
02-18 10:07 AM
Guys,
1. I live in Cary and planning to drive to DC on Apr 04/05. Open to car pool.
2. I just came across this forum and made a small $50 donation. ( More later on how things work out) . I still don't have access to Donor forums. I did mail StarSun my unique#.
inputs appreciated.
Awesome, way to go. Invite your friends, bring your colleagues.
1. I live in Cary and planning to drive to DC on Apr 04/05. Open to car pool.
2. I just came across this forum and made a small $50 donation. ( More later on how things work out) . I still don't have access to Donor forums. I did mail StarSun my unique#.
inputs appreciated.
Awesome, way to go. Invite your friends, bring your colleagues.
more...
GreenLantern
02-15 08:49 PM
:thumb:
I see said the blind man. I like it.
I got started on making a subway and gave up, then I thought I would start with something simple so I started modeling a computer case. (clickity click me (http://www.kirupa.com/forum/showthread.php?t=85814))
I see said the blind man. I like it.
I got started on making a subway and gave up, then I thought I would start with something simple so I started modeling a computer case. (clickity click me (http://www.kirupa.com/forum/showthread.php?t=85814))
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GCard_Dream
11-17 05:44 PM
What do you mean by "Most people have run out of H1B and will have to change jobs on the extensions"? I thought that as long as you have a approved I-140, you could continue to extend your H1-B beyond the 6 years while you are waiting for your PD to be current. Isn't this true? Please explain.
That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.
That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.
more...
nozerd
01-28 09:49 AM
Yup. Specially given that H1 is a dual intent visa.
All Im asking for is clarity. DOS needs to come out and say that based on current demand we except your priority date to be current between x and y date. Even if the x and y is something ridiculous like 8 or 10 ys I am cool with it. Atleast we will know where we stand and not try to be hopeful and depressed with each VB. We need some good estimates to make imp life decision.
The original intent of country caps was to prevent one single country from monopolizing the immigration (but this was regular unskilled immigration like family based immigration etc). But when it comes to skill based immigration it is ridiculous to maintain country caps. Everybody including the US government, USCIS and industry know that country caps in skilled category are ridiculous. That is why in H1B they don’t enforce the country caps. Because if they enforce the country caps in H1b the whole H1 program will collapse. I know the difference between h1 and green cards but when you bring people into US on H1 without country caps they should not enforce country caps on H1 to green cards skilled category. The people who are oppose immigration are using this(the country cap or rather quota) as an excuse to make things worse for immigrantion.
All Im asking for is clarity. DOS needs to come out and say that based on current demand we except your priority date to be current between x and y date. Even if the x and y is something ridiculous like 8 or 10 ys I am cool with it. Atleast we will know where we stand and not try to be hopeful and depressed with each VB. We need some good estimates to make imp life decision.
The original intent of country caps was to prevent one single country from monopolizing the immigration (but this was regular unskilled immigration like family based immigration etc). But when it comes to skill based immigration it is ridiculous to maintain country caps. Everybody including the US government, USCIS and industry know that country caps in skilled category are ridiculous. That is why in H1B they don’t enforce the country caps. Because if they enforce the country caps in H1b the whole H1 program will collapse. I know the difference between h1 and green cards but when you bring people into US on H1 without country caps they should not enforce country caps on H1 to green cards skilled category. The people who are oppose immigration are using this(the country cap or rather quota) as an excuse to make things worse for immigrantion.
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Jaime
09-11 12:33 AM
- We don't want anything for free, or to "cut the line", we just want our green card applications to go through a Fair system
- We don't take jobs away from Americans, we make more jobs for Americans
- We don't need our employers to woo us with cricket fields or good jobs in Vancouver, we just want the right to exist! (Green card)
- We don't take jobs away from Americans, we make more jobs for Americans
- We don't need our employers to woo us with cricket fields or good jobs in Vancouver, we just want the right to exist! (Green card)
more...
feedfront
09-14 04:03 PM
As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!
I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.
I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.
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haifromsk@yahoo.com
02-21 02:52 PM
bump
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snathan
04-13 11:58 AM
I urge everyone to read the donor forum...we need more people to work on couple of issues and fixes. Please become a donor and take part in this...if you are serious to fix these issues.
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memyselfandus
09-18 11:40 PM
I have registered this domain. If needed, please send me PM; I can initiate the transfer process. I have already added a forwarding address to the immigrationvoice.com.
This is my from of contribution.
1. We must immediately change our name to LegalImmigrationVoice.com( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
This is my from of contribution.
1. We must immediately change our name to LegalImmigrationVoice.com( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
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grinch
02-17 01:39 PM
for free applications, I like gmax.
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nervous-wreck
03-15 05:08 PM
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
more...
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Dhundhun
10-19 09:46 PM
Folks,
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
I heard them talking on same issue. Your findings are consistent with what ever I heard from their mouth.
Still it is hard to believe. Specially most of my GC holder friends have blind faith in Obama.
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
I heard them talking on same issue. Your findings are consistent with what ever I heard from their mouth.
Still it is hard to believe. Specially most of my GC holder friends have blind faith in Obama.
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breddy2000
06-13 12:37 PM
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2007/06/13/MNG88QE8HV1.DTL&type=politics
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thirdworldman
03-14 05:58 PM
I'd love to do a 3d character battle--it's been a while since I've done any character work--I'm in. Definately a four week deadline, at LEAST.
lost_in_migration
08-15 04:04 PM
Although EB3 is still messed up this VB is lot better than all 'U's :)
chanduv23
09-26 12:13 PM
Excellent team work IV - now lets all thank her for changing making the correction.
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