saveimmigration
01-16 09:29 PM
GC process is like a monkey on the shoulder. You only realize when he gets off, that how much burden you were carrying all along.
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GCKaMaara
04-08 09:26 AM
A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
Makes complete sense.
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
Makes complete sense.
imneedy
05-07 06:31 PM
imneedy, as you very well know USCIS asked for money. Many members received similar letter from USCIS. IV did the campaign to collect $10000 for the USCIS Fees related legal fees. Many members just like you contributed for it. Updates to whats happening with the FOIA is available in donor forum.
Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).
coopheal,
I think it is a good idea, just contributed, thanks!
Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).
coopheal,
I think it is a good idea, just contributed, thanks!
2011 100%. Hell
GreenLantern
02-14 09:41 PM
I really think if we are going to do a 3D battle we should stick with a single object. I mean a scene is quite a projec to take on, and with a 3 week deadline? No one is going to finish with anything worth a crap.
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gceverywhere
09-26 10:12 AM
Hermione,
How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.
I belive, IV MUST talk to CNN and force them to accept the "error" in that article publicly by publishing at earliest.
Whether it was ignorance or a planned move, I agree with you that IV must talk to CNN and ask them to re-publish that article with the correct information.
How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.
I belive, IV MUST talk to CNN and force them to accept the "error" in that article publicly by publishing at earliest.
Whether it was ignorance or a planned move, I agree with you that IV must talk to CNN and ask them to re-publish that article with the correct information.
jnraajan
03-17 05:00 PM
From the poll results for EB3 priority Dates, I think, I learned something. People waiting for Green Card Pre-PERM are way more than people Waiting POST-PERM. This is an approximate comparision(before Dec 2004 and after Dec 2004, though PERM started in Apr 2005.)
What I am trying to see is, Whether we can very little membership from people who started their GC process after Mar 2005. If that is the case, why those people are not joining IV? Believe it or not, They would also love to have their GC's right now. Something seems to be wrong. We should probably come up with some ways to target those people who are still waiting to file their I-485 or having their Labor Pending.
What do you all say?
What I am trying to see is, Whether we can very little membership from people who started their GC process after Mar 2005. If that is the case, why those people are not joining IV? Believe it or not, They would also love to have their GC's right now. Something seems to be wrong. We should probably come up with some ways to target those people who are still waiting to file their I-485 or having their Labor Pending.
What do you all say?
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Nil
03-17 11:31 AM
There are several of us who have been left with no choice but to file under EB3 by our employers, despite qualifying for EB2 at least.
Maybe the lawmakers should understand this plight...
Maybe the lawmakers should understand this plight...
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ksadara1
06-11 01:56 PM
Hi Guyz,
I just joined the group today and looks like the group is quite active in making the issues reach the concerned people. Let me know if I can do anything from my side to keep the ball rolling.
Kumar
email: sadaramkr@gmail.com
Residence: Newport/Pavonia.
EB2 and just filed for my I-140.
I just joined the group today and looks like the group is quite active in making the issues reach the concerned people. Let me know if I can do anything from my side to keep the ball rolling.
Kumar
email: sadaramkr@gmail.com
Residence: Newport/Pavonia.
EB2 and just filed for my I-140.
more...
jkays94
07-10 02:39 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.
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.
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masterji
07-12 07:24 PM
Can not wait till Aug 1 :D
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delhiguy
07-09 08:39 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...
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
my 2 cents...
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
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spicy_guy
09-21 03:48 PM
They can give us Citizenship for waiting x number of years after filing 485.
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battineni
08-10 02:23 PM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
I'm with you...!!
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
I'm with you...!!
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PresidentO
02-03 02:06 PM
Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
Because he does not care whether his personal agenda born out of righteous anger (politics doesn't care whether your anger is righteous or frustrated) fractures the already divided community. He thinks that he can get out 15-20 guys on the hill and get a 2 line bill that will end country caps. Well, Why not talk to his friends and get them on the hill? No, he wants to ignore the bylaws/agenda of this organization and wants to carve a separate faction on IV that will work for ending country caps. If some one does not know that he is doing a mistake, we can try to help him see the mistake. If he/she knows it, Do we need to tell him/her?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
Because he does not care whether his personal agenda born out of righteous anger (politics doesn't care whether your anger is righteous or frustrated) fractures the already divided community. He thinks that he can get out 15-20 guys on the hill and get a 2 line bill that will end country caps. Well, Why not talk to his friends and get them on the hill? No, he wants to ignore the bylaws/agenda of this organization and wants to carve a separate faction on IV that will work for ending country caps. If some one does not know that he is doing a mistake, we can try to help him see the mistake. If he/she knows it, Do we need to tell him/her?
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HOPE_GC_SOON
11-20 05:05 PM
Hi LWPD
Thanks for your Posting of this URL.
The URL is no more active and please help me forwarding the specified .pdf file either a PM to me or please attach the same to your reply.
Alternatively, if you can describe the path on USCIS site, that would be of great help.. I doubt they still hold that .pdf file on site. If you had downloaded this .pdf file. Please help the Team.
Thanks
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
Thanks for your Posting of this URL.
The URL is no more active and please help me forwarding the specified .pdf file either a PM to me or please attach the same to your reply.
Alternatively, if you can describe the path on USCIS site, that would be of great help.. I doubt they still hold that .pdf file on site. If you had downloaded this .pdf file. Please help the Team.
Thanks
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
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nlssubbu
09-28 06:20 PM
Sorry about the generalization. I was refering to Senthil1 kind of folks, not folks like you. Thanks for all the support. My friend got a green card as recently as a month back, he struggled for a long time before he got one, I asked him if he wants to come for the rally and he told me "MRRRRRRRR I GOT MY GREEN CARD, YOU ARE ASKING THE WRONG PERSON FOR THE RALLY" and the same person told me "SOMETHING MUST HAPPEN TO THESE ROTTEN CONSULTING COMPANIES, THEY ARE RUINING THE SYSTEM" he got his GC from a small consulting company and after getting his GC he says these companies must not exist - he wants to shut thee door behind him
These kind of people need to realise that they were in the same boat and just got across the shore. It does not mean that they should not help such people for a good cause. I hope that the current list of GC seekers do not fall in to such category in future. There are only a very few who lead by example and it is better to follow a good example. (That is why they are called leaders). I hope you can ignore these kind of people.
Thanks
These kind of people need to realise that they were in the same boat and just got across the shore. It does not mean that they should not help such people for a good cause. I hope that the current list of GC seekers do not fall in to such category in future. There are only a very few who lead by example and it is better to follow a good example. (That is why they are called leaders). I hope you can ignore these kind of people.
Thanks
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Winner
06-10 05:03 PM
Did my part.
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Dakota Newfie
07-03 12:20 PM
As I said, I expected to be "attacked" when I submitted my posts which only proves my point since the attacks are only coming from a "select group"; remember, the more you criticize my opions, the more you prove I'm right!
That being said, since I am not a member of this "select group", Administrator please remove me from the list of IMMIGRATION VOICE members. Thank you and good bye.
That being said, since I am not a member of this "select group", Administrator please remove me from the list of IMMIGRATION VOICE members. Thank you and good bye.
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pappu
02-01 10:17 AM
Immigration Voice is making every effort to allow for members to be part of this advocacy effort (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html). IV team requests that many members plan to come to DC in April. This thread is started for members who wish to carpool or donate air miles or for DC/MD members to host others. Please use this thread to connect with each other.
However, for reasons beyond our control if members cannot do so, please contribute monetarily (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions.html#post2305081).
Sukhwinder is coordinating the efforts on carpool and hosting options.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)
Thank you.
However, for reasons beyond our control if members cannot do so, please contribute monetarily (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions.html#post2305081).
Sukhwinder is coordinating the efforts on carpool and hosting options.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)
Thank you.
chanduv23
03-13 12:04 PM
where I work one of two things happen:
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?
go_guy123
05-26 07:32 PM
The applicant was found to be inadmissible pursuant to section 212(a(6)(C)(ii) of the Immigration and Nationality Act (the Act), for falsely claiming to be a U.S. citizen.
http://www.uscis.gov/err/H4%20-%20Application%20for%20Reentry%20after%20Removal%2 0or%20Aggravated%20Felony%20Conviction/Decisions_Issued_in_2008/Jun162008_07H4212.pdf
In fact he was married to US citizen and didn't need to lie at all. He brought it upon himself.
http://www.uscis.gov/err/H4%20-%20Application%20for%20Reentry%20after%20Removal%2 0or%20Aggravated%20Felony%20Conviction/Decisions_Issued_in_2008/Jun162008_07H4212.pdf
In fact he was married to US citizen and didn't need to lie at all. He brought it upon himself.
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