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  • villamonte6100
    02-18 11:17 AM
    (1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.

    (2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).

    The parallels between the those cases and the one being proposed are very strong.

    Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.

    (3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
    The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.

    (4) First Steps
    What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.

    Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)

    As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.

    OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.


    **: Yes, I've sent off my letters too. I think of these two things as complementary projects.

    Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.





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  • unitednations
    02-13 12:35 AM
    Keep in mind that only unused visas in eb1 and eb2 row filter down to eb3.

    Just about everybody from ROW is currently filing in eb2 and using up the visas and there is less to filter down to eb3.

    AC21 re-allocated visas every quarter if the total demand was less then the total visas available. This is not currently the situation. Therefore, the visas won't filter down to eb3 which went unused. This gives a chance for people from ROW to keep filing in eb1 and eb2. In the last quarter is when you will see the jump, if any because the unused visas will get allocated at that time.(keep in mind that BEC's are also releasing labors - as far as I know the april 2001 labors from california have not been approved yet; and there are a great number from that state).

    In the last year I know of at least three people and I imagine there are thousands more who did this:

    They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.





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  • nogc_noproblem
    07-23 12:43 PM
    Correct, unlike in the past, USICS do have some constructive numbers with them now.

    I am very very skeptical about the claim that USCIS moved the dates to June 2006 in a random fashion. They could have moved it to Dec 2005, but they moved it to June 2006 because they have the ACTUAL GC numbers (unlike us:)) and they have an estimate of how many could be adjudicated.

    Wishful thinking? May be. But everything points to above.





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  • Ramba
    03-30 02:04 PM
    The most of the guys posting in this thread is not going to vote. Even I think, we all do not have our names in electoral list. There is no sense in arguing who is best or who should be next PM, sitting in US. Furthermore, most of the educated, urban voters will never go to polling booth in hot summer to stand in line to do their duty as a citizen.. Indian�s election of their representatives is fundamentally a show of money and muscle power. Election in India is just a business. It is just investment of money by political parties with the help of capitalists and their lobbyist to get the vote from rural, uneducated, divided voters across the nation. All parties are corruptive, communal, divisive, plays vote bank politics. No exceptions! (whether it is Congress, BJP, communists, BSP, SP, and countless regional parties). One thing I can say or compare about Congress and BJP. Congress is the only party has responsible for bringing both good (economy, growth, education,) and bad (corruption and countless other) thing to India. BJP has not done any good thing to India sofar, only it brought bad things to India (divisive, corruption).

    My input regarding comparison of Manmohan and Advani.

    Manmohan.

    Though, he is not a full time politician, and not a good crowd pulling speaker, he has strong record. He has quietly achieved lot as a RBI governor; FM and PM. US nuclear agreement is a big achievement in his career, despite he had a minority government with the strong left opposition. He does not have long term independent vision, and strong leadership skills. He was widely accepted by all part of the country, as he has no controversial issues.

    Advani,

    He is a good speaker, crowd puller. He is a typical Indian politician. He has leadership skills. He does not have any significant record/achievement to back his claim for PM (either as a ex-minister or politician). For example, he has not done anything to improve the national security when he was a union home minister. He has involved in controversial issue like Babri Majit, and Ram temple issue. He also does not have long term vision, ideas on economy, poverty elimination etc..



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  • saimrathi
    07-03 06:39 PM
    please sign out of digg and then go to digg.com... is it still showing on top?

    both stories are on top!!
    we can also digg the comments





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  • boreal
    05-29 01:45 PM
    I strongly feel you guys are right regarding EB1 misuse. I also know of some people who are applying in EB1 using these loopholes. we should do something to stop this fraud.

    So overall maybe 2k-3k EB1s are gone to those fraudsters! Big deal? How good a visa movement will we get if we prevent that? By stirring this stink pit, we are only doing more damage to our cause. This is another bullet for those antis to pick up on and malign us even further. Why even discuss such things?



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  • Macaca
    01-18 08:16 PM
    I hope that this memo is not mis-used to affect the good apples, that's it.


    If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.

    Why is an "apple" bad if employer does not direcly supervise him/her but good if employer directly supervises him/her?

    BTW, "apple" is not an Indian symbol. Moira Herbst considers curry as an Indian symol. But we can use "mango" if curry riles Indians.





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  • snathan
    08-16 12:29 AM
    US knows that Pakistan is the mother of Terrorism, doesn't look like with all the aid flowing in, that it is being reduced to rubble. Terrorism is a deeper debate, and it borders on uneven economics, social structures, global imbalance to name a few. We have quite a few terrorists in India too, just look up Sikh riots of 1984 and Gujrat riots of 2002, the culprits walk scott free. You talk about Israel, how safe is Israel? Would you settle in Israel given a chance? The same is with the US, in the pretext of 9/11 the residual racism is now emerging in these situations.

    Whether we like it or not, Kasab will be hung to death. He is definitely a criminal, and it shines on our judicial system and independent media (both are screwed in their own ways) that we can tell that a terrorist hasn't been reduced to a weakling to not demand the food of his choice.

    If you are soft state they will after you...How come Israel surviving with all hostile neighbour....Do you know the seven day war. Do we have the guts to do that with any country who are launching terrorist into our land.?

    Yes...US is not attacking Pak...because Pak is living at US mercy.



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  • amsgc
    07-04 12:43 PM
    For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility.

    I just want to point out that whether or not your company helps offset these costs is immaterial at this point. This is money that has gone down the drain. Depending on the Oct. Visa Bulletin, you, or your employer may have to incur the same expenses all over again. So in the end, you may end up spending more than twice the amount of money, and more in application fees.

    My only beef is that if the USCIS was intentionally working hard to preempt the deluge in July, WHY DID IT NOT TALK TO THE DOS AND MAKE THIS INFO PUBLIC??? This is unethical and unacceptable conduct.





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  • ilikekilo
    07-10 11:31 AM
    I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.

    I am from A.P. Lot of folks from my state in India can't accept anything but USA outside A.P. Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.

    Otherwise, I am very content being on H1.


    please dont speak on behalf of everyone....speak for urself....and do us a favor...did all those folks from AP came to you and suggested that they can only breathe,live and die in usa....congratulations...you just became eligible to join the elite club of stereotypes with your narrow minded mentality........thankx...



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  • bajrangbali
    06-05 01:10 AM
    That's a much better suggestion than playing carrot-and-stick on real-estate bargains Mr. Hiralal.

    Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.

    Please, do this for us seniors. As citizens and permanent residents, your voice will be effectively heard. Case in point - legislation on re-uniting families. To begin with, family based has nearly 60% more visas than employment based and nearly 80% of the visas available are exempt from per-country limits. And yet, the politicians want to reform family based immigration process because the people at the receiving end are their citizens. There is nothing wrong with it because the wait-time for extended family members are really long too which is a shame. But you see, there are bills that are actively discussed and passed in that category i.e fundamental solutions are being explored.

    Why is Mr. Bobby Jindal and likes of him not taking up our cause actively? People use their "humble-background" in campaign times. Why do they fail in holding out a helping hand to people that are stuck in such "humble-background"? Do you see such apathy in other minority communities?

    Thanks.

    Some interesting points you bring up here.
    Forget those who got citizenship, even those who got GC turn a blind eye to the immigration issues and people still in line.
    I can bet most of the GC and USC guys/gals would want us to just leave and stay away from USA :D
    Tough luck pal..this is a dog eat dog world..and especially so with our guys/gals who are brought up in the rat race culture right from childhood...
    "Live and let live" - yet to meet someone who really follows that...

    I a will be happy if GC and USC guys/gals dont step up and start demanding no more visas and Indians in this country...i bet some are already supporting numbersusa and such groups...i know a lot of ppl who hates seeing a fellow desi at work/park/vacation/shopping..

    Bobby Jindal :D well..wat can i say...the guy changed his name and doesnt want to be identified with his ethnic background...he will be the last person fighting for our cause..

    Life is hard as it is...people here are on a common cause and helping each other..some need a channel to vent their frustation, some need a suggestion, some are paranoid, some are vigilantes, some are good samaritans... give them a GC or USC and wait for a while and see if they still support the cause...

    Help each other and we can all prosper...guess it may remain a dream afterall

    I guess most people are not happy with what they already have...just think about the toughest days in your lives and pat on ur back how you managed to fight through it...we all have our own good and bad times...

    Aspiring for better future is what drives everyone...but it should not be at the expense of taking a look at what we all have now..and appreciate it...

    We can race ahead..GC..USC..car..better car...house..second house...$$$...list never ends..i hope all of us can put their hand on heart admit that we were much happy and peaceful even when we did not have any of the above...

    This post is not a rant or pointing fingers...just a retrospection
    Life is beautiful...best things in life are free...
    ..just a post with a different point of view...best wishes to all!!!





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  • godbole_sanjaya
    04-20 10:57 AM
    I wud suggest you against your wish.



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  • immigrationvoice1
    02-13 12:17 PM
    That is absolutely not true. Unused visas from under subscribed countries are made available to over subscribed countries.

    And how do you support that argument please ?





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  • hopefulgc
    05-29 03:38 PM
    IV needs to bring up Charles to the podium and have him answer our questions.
    Why?
    Because his statements do not make numerical sense.

    If he cannot answer our questions, we need someone else to take his job who can.

    I am pissed.. are you?




    I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.

    BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.



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  • jetflyer
    01-14 11:07 AM
    My friend works for Deloitte & Touche and they charge $550/hr and he gets $75/hr.. so what? And he is USC.
    Do you know the rates top consulting company charges? they normally starts from $400/hr+ in Accenture, PWC, KPMG, E&Y Etc and their employee's do not get paid more than 20%. Its a practice around the world.




    Check what they are paying. I know a company which charges $110-$130 ph to the client and payes around $30K for the employee in L1. Is it good business practice...? Not only desi consulting cos...these a$$ also the reason we are in this mess today. Just imagine when the antis comes to know that 30K pa salary....





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  • Desichakit
    07-24 07:09 PM
    VDLRAO Ji,

    Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations



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  • _TrueFacts
    09-03 11:29 PM
    I never thought CHANDUV23 will do dirty politics. A time will come to show the real color of the people. Do not rejoice when some one who is dead. It can happen to anyone. No guarenty we will see the home land again.

    dealsnet,

    You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?





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  • rockstart
    02-12 12:50 PM
    Does it mean that till Oct 08 bulletin there is no point to expect anything for India EB2?





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  • stupendousman11
    09-12 05:48 PM
    Here's my situation:
    - H1B visa in the 6th year
    - I140 approved
    - I485 applied July 2 '07
    - EAD and AP available

    I am getting laid off on Sept 30, but will be on salary and benefits continuation (SBC) for 5 more months until Feb end ie. I'll be paid 100% of my base salary on a monthly basis. Assuming that I don't have another job offer by end Feb, my questions are:

    1. What is my H1b status Oct 1 onwards? Am I still on H1 until Feb end? Or does my H1 get revoked the day the company intimates USCIS/INS?
    2. How long do I have after Sept30 to find and job and retain my H1 status?
    3. I have read somewhere that if there is an employment gap on an H1 the H1 transfer may get approved but I'll have to exit the country and get back in again. Is this correct?
    4. Since I have an EAD, am I safe? Can I stay unemployed on an EAD?
    5. My current EAD expires Oct 24. I had applied for a renewal Aug 6 so don't expect to get it before the Oct 24. Will this gap in EAD cause an issue with regards to my GC process or ability to stay in the country?

    Thanks.





    thepaew
    03-27 11:53 AM
    Smart Money is on Kumari Mayawati

    Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
    Sonia Gandhi is out of question as people will not accept her.
    Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).

    Contest should be only between MMS and Advani.

    Though i would have loved to see Modi on PM HOT seat.





    BharatPremi
    12-13 01:49 PM
    If per Country Laws are removed in issuing Green Cards, then 90% of the employment based Visa's will be given to Indians and that too in the IT Sector.

    Mostly the country will be Indians, chinese, mexicans . The Law makers don't want to colonize America.

    There is a lot of stress that was done in making that decision

    You can challenge this but i would say, you will never win it.

    You can challenge the State but cannot win it.

    Yearly permitted H1s - 65000
    All EB ased GC applicants: 500000 (Approx.)
    As per you theory: 90% Visas will be given to Indians :eek:
    US Population: 300 million (Approx.)

    Do the math and prove me how it will be colonized ? And define the word: "Colonized"... as you were also talking about chinese and mexicans..

    yes, aim seemed to be control the Genetic Pool but your statement is way streched...



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