singhsa3
03-04 01:30 PM
Done, thanks for your comments
perhaps you want to make it even simpler?
- Remove all the LC/I-140 details, just say that we are at the last stage of a long and arduous process, and are stuck waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
- instead of EAD and validity just say getting a mortage is a lot easier if your immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage companies dont accept that.
copy paste the suggested fixes there (or add a link to the administrative fixes campaign post)
perhaps you want to make it even simpler?
- Remove all the LC/I-140 details, just say that we are at the last stage of a long and arduous process, and are stuck waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
- instead of EAD and validity just say getting a mortage is a lot easier if your immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage companies dont accept that.
copy paste the suggested fixes there (or add a link to the administrative fixes campaign post)
wallpaper Grace Acrostic Name Poem
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....
waitnwatch
07-13 11:30 AM
Reading through this thread I find this intense debate about the value and intentions of Murthy's letter.
Let's first deal with the value part: This letter could be from any one of us or anybody else from Timbuktu. Why does this letter have any special significance except that the DHS secretary may read it because Murthy and the secretary are alumni of the same institution (see how carefully this part is added to the letter for our consumption). Now this feeds into the intention part. Even if Murthy wrote a letter to the DHS Secretary why did she have to publicize it on her website (except for the gullible among us to take notice). Generally publicized letters have value if they are from some influential policy maker or lawmaker. In this case Murthy is neither and so her letter does not add or subtract any value to this debate. So we are left with the question of who gains by publicizing this letter. Your guess is as good as mine.
Ultimately I am left wondering why this thread was started in the first place except to garner cheap publicity. Do we really have so much time on our hands?
Let's first deal with the value part: This letter could be from any one of us or anybody else from Timbuktu. Why does this letter have any special significance except that the DHS secretary may read it because Murthy and the secretary are alumni of the same institution (see how carefully this part is added to the letter for our consumption). Now this feeds into the intention part. Even if Murthy wrote a letter to the DHS Secretary why did she have to publicize it on her website (except for the gullible among us to take notice). Generally publicized letters have value if they are from some influential policy maker or lawmaker. In this case Murthy is neither and so her letter does not add or subtract any value to this debate. So we are left with the question of who gains by publicizing this letter. Your guess is as good as mine.
Ultimately I am left wondering why this thread was started in the first place except to garner cheap publicity. Do we really have so much time on our hands?
2011 Disciple Acrostic page two
days_go_by
11-07 07:55 PM
Hello NJ members,
Please introduce yourself here.
I am a volunteer for IV, I live in Newport, Jersey City.
I have a May 2001 PD stuck at BEC and a 2004 PD labo approved but can't file 485.
Regards,
dgb.
Please introduce yourself here.
I am a volunteer for IV, I live in Newport, Jersey City.
I have a May 2001 PD stuck at BEC and a 2004 PD labo approved but can't file 485.
Regards,
dgb.
more...
pkak
07-09 08:10 PM
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
They cannot issue more than 37.800 visas for april-may-june quarter (0.27*140,000).
37800+13000 is less than 60,000.
my 2 cents...
They cannot issue more than 37.800 visas for april-may-june quarter (0.27*140,000).
37800+13000 is less than 60,000.
abhishek101
06-15 11:36 AM
as a 501(3)(C) organization immigration voice has is limited in its efforts to contribute for any cause, while it can spend a max of 30 % (lawyers please comment) on Advocacy but it cannot do political campaigns openly, if people want to contribute and defeat Sen Grassley they need a 501(4) type of non profit.
more...
srkamath
07-20 09:31 PM
If you glance at the Job title column you would see there are unusually large number of certified case with title like "curry chef ,COOK, cashier, clerk, butcher, Automobile Mechanic". And Obviously they are not in EB2 Cat.
So the numbers will very less than your estimate.
Thanks, you are right.....
I guess then the number is somewhere in between.
Maybe a lot of people are getting the labor cert done with the hopes of getting an EAD, for occupations such as cooks etc...just curious..
So the numbers will very less than your estimate.
Thanks, you are right.....
I guess then the number is somewhere in between.
Maybe a lot of people are getting the labor cert done with the hopes of getting an EAD, for occupations such as cooks etc...just curious..
2010 Acrostic poem for restaurant
coolmanasip
03-07 09:41 AM
see the responses......
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
more...
Buran
02-15 01:33 PM
http://www.workpermit.com/news/2007-05-16/us/h-1b-visa-outsourcing-abuse-investigation.htm
After the stunning demand for the H-1B visa this year, people began to investigate the problem. Congress and the White House are trying to craft major immigration reform this year, and an understanding of the situation is critical.
What has been noticed is that between 70% and 80% of the H-1B visas granted in 2006 went to India-based outsourcing firms. Employees of these firms were not being hired to work for U.S. businesses but, rather, to effectively study how U.S. businesses operate and to determine their needs and methods.
After the stunning demand for the H-1B visa this year, people began to investigate the problem. Congress and the White House are trying to craft major immigration reform this year, and an understanding of the situation is critical.
What has been noticed is that between 70% and 80% of the H-1B visas granted in 2006 went to India-based outsourcing firms. Employees of these firms were not being hired to work for U.S. businesses but, rather, to effectively study how U.S. businesses operate and to determine their needs and methods.
hair Need to do a acrostic poem for; acrostic name poem.
deafTunes123
04-25 10:20 AM
congratulations eb2 june 2003
more...
gsc999
04-08 11:02 AM
I think -We have to come to our senses. The law wants to treat us as slaves. Do the work and go back. They do not want to give the opportunity to have the american dream. They do not have problem with mexicans, or arabic country people, or anybody. All they want is - we do not want smart talented ones to take our white collar jobs.
We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
Choose life !! is the better option !!
-------
yawn. Weak post. Just substitute "I" for wherever you use "We" start with "I have to come to my senses." Don't patronize and don't be condescending.
We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
Choose life !! is the better option !!
-------
yawn. Weak post. Just substitute "I" for wherever you use "We" start with "I have to come to my senses." Don't patronize and don't be condescending.
hot An acrostic poem is one where; acrostic name poem.
solaris27
07-27 07:48 AM
Never join SRG America (Bartronics America)
more...
house the acrostic poem
desi3933
02-11 07:40 PM
If someone port their EB3 i-485 to EB2, say somebody who's PD is in 2002.
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
Visa number is considered used only when I-485 is approved or immigrant visa is approved at US consulate.
Visa number is NOT allocated if I-485 is pre-adjudicated. Pre-adjudicated means that application can be approved but due to lack of visa number it must wait.
____________________
Not a legal advice.
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
Visa number is considered used only when I-485 is approved or immigrant visa is approved at US consulate.
Visa number is NOT allocated if I-485 is pre-adjudicated. Pre-adjudicated means that application can be approved but due to lack of visa number it must wait.
____________________
Not a legal advice.
tattoo Using the meaning of the name Grant (quot;Tallquot;), this acrostic poem features an
alterego
08-15 10:08 PM
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
more...
pictures Acrostic Name Poem
pappu
12-27 08:56 AM
Here is the link where I posted in Chinese
http://www.mitbbs.com/mitbbs_article_t.php?board=Immigration&gid=14675155&ftype=0&dingflag=1e link where I posted in Chinese
Thank you very much. pls help us further by posting in various other chineese websites. We want this organization to have more members from other nationalities.
http://www.mitbbs.com/mitbbs_article_t.php?board=Immigration&gid=14675155&ftype=0&dingflag=1e link where I posted in Chinese
Thank you very much. pls help us further by posting in various other chineese websites. We want this organization to have more members from other nationalities.
dresses acrostic name poem. Up different acrostic skip to
Jaime
09-10 04:04 PM
Letter for Intl Student Associations
Dear International Student Friend:
You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that
you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments
and look forward to welcoming you in the real world as your friends and
colleagues.
However, we wanted to make you aware of a grim reality that you will surely
face in the coming months. Immigration visas (commonly referred to as �Green Cards�) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have
heard rumors, but the truth of the matter is that most likely you will have to
face years of waiting for an immigrant visa to be approved. This in turn will
restrict your growth within an organization and at the same time prevent you
from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process
of developing one of the most comprehensive grassroots organizations dedicated
to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.
Our organization cuts across nationalities, job categories and pay scales. Even
if you are finishing up your MBA from Harvard, it is likely that you will be
impacted by the current immigration backlog. We are completely committed to
securing a more transparent, predictable and fair immigration system. We ask you
to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.
Regards,
Your friends at
Immigration Voice
Great letter! Have we sent it yet??? The only thing I would change is "Immigration" visas to "Immigrant" visas
Dear International Student Friend:
You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that
you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments
and look forward to welcoming you in the real world as your friends and
colleagues.
However, we wanted to make you aware of a grim reality that you will surely
face in the coming months. Immigration visas (commonly referred to as �Green Cards�) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have
heard rumors, but the truth of the matter is that most likely you will have to
face years of waiting for an immigrant visa to be approved. This in turn will
restrict your growth within an organization and at the same time prevent you
from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process
of developing one of the most comprehensive grassroots organizations dedicated
to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.
Our organization cuts across nationalities, job categories and pay scales. Even
if you are finishing up your MBA from Harvard, it is likely that you will be
impacted by the current immigration backlog. We are completely committed to
securing a more transparent, predictable and fair immigration system. We ask you
to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.
Regards,
Your friends at
Immigration Voice
Great letter! Have we sent it yet??? The only thing I would change is "Immigration" visas to "Immigrant" visas
more...
makeup of Chinese Acrostic Poem
eb3retro
08-17 12:16 AM
Very Good first post :eek:!!! Please hide wherever you were hiding till now, STOP judging.
clever adj
Definition: bright, ingenious
Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever
I am looking to see if he will show up too..looks like he is not coming back..so much for one and the only post..
clever adj
Definition: bright, ingenious
Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever
I am looking to see if he will show up too..looks like he is not coming back..so much for one and the only post..
girlfriend Hailey Acrostic Name Poem Messenger Bag
gcinprogress
06-10 05:16 PM
Sent. Also added my friends.
hairstyles Tatum Acrostic Name Poem
Raghunadh Polavarapu
08-10 02:36 PM
EB-3 keyboard tigers are back to discuss how to get GC'ssssss:rolleyes::rolleyes::rolleyes:
sukhwinderd
02-21 06:27 AM
please let me know at 2011carpool@gmail.com if you are interested in car pool/hosting.
lets make it a grand success. dont wait till the last minute.
lets make it a grand success. dont wait till the last minute.
amitjoey
01-18 10:59 AM
I have been visiting this forum for a while now. I appreciate all the efforts being done by the Core team. I just signed for $20/- recurring contribution through paypal.
MP70
Thanks MP70. Please continue to educate your friends and urge everybody to contribute atleast $20/month.
MP70
Thanks MP70. Please continue to educate your friends and urge everybody to contribute atleast $20/month.
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