Sunday, June 26, 2011

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  • 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.





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  • paskal
    04-08 11:19 AM
    If you want a good discussion on a topic stop generalizing things and do not use rants like racist engineers etc. When you make an assumption please be clear about. You have assumed most people work for consulting companies and most people are frustrated with it. Not so. I don't work for them and I am not frustrated with them. My only concern with them is they are exploiting the system to their advantage and at my cost. This has two fold affect not only the take cut from your salary but also put a bad name to H1B visa program in general. Whoever wrote the bill or whatever are the consequences there is definitely some good things in that bill. Let me list out how some provisions are good:

    1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.

    2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.

    If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.



    on the face of it i largely agree, you are however misisng something important in my opinion. Look at the Lc process for Gc carefully. A company is required to advertise then employ any citizen with "minimum requirements" whether or not they are suitable or the best candidate. If the same were to be applied to the H1b- and to renewals, mind it, consider whether most H1B visa holders would be able to continue.
    the fact that reform is needed does not mean this is the best way.
    and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.





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  • pappu
    03-10 03:03 PM
    Do you fully realize your statement about the 2A category which is for spouses and children of green card holders? That means that if someone got a green card (whether through the family or EB category), they have to wait 5+ years to reunite with their spouse and children. At least those with H1B can bring their spouse into the country right away.

    I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.

    Please input correct and full details in your tracker profile or leave everything empty





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  • chanduv23
    11-11 05:58 PM
    Don't worry about the comments and the dots. I agree, things are going to get very tough in coming years.

    And, the work of every president in the modern history has been diagonally opposite to the expectation. Example, conservatives voted for Bush to ban abortion, stop illegal immigration, balance budget etc. On all these issues, he was a major upset to his supporters. Based on what I know (and don't know), I think that the expectations of most people from Obama administration are likely to dash against the rock. Specifically, people on immigration forums like this one, who feels being in the proximity of a miracle will soon realize the dangerously flawed situation. The apathy of this community will consume it. Live and learn....


    .

    Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"

    The hope continues :)

    People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments



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  • ItIsNotFunny
    10-15 12:38 PM
    Sir, you are a senior and active IV member and i respect that totally.
    but EB3-I dates are rolling on nicely, they are already oct 01 they will cross well in 2002.
    in june 07, they were at june 03. then this mess happened in july and eb3-i was almost frozen over the entire year. now its starting to thaw..

    you must have already written to congressmen and called them up, also communicated with ombudsmen, i would say, please just wait and watch.
    i'm not eb3 but eb2 but i'd say allow older eb3 to get out of this rut.

    OK. May be my post was little misguiding. I never intended to distinguish EB3 and EB2 situations. We all are in same boat. Just need to counter the issue - one of the proposal was to do a flower campaign. I am not sure you were on forum when we did last time. It was a huge success. I am requesting to do it one more time!





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  • pmb76
    03-19 07:14 PM
    Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.

    Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).

    This madness has to stop !

    I agree with you man. These screwed up desi consulting firms sell LCs like it is walmart. And people who work for them don't care about the position offered or their qualifications. They just want to have multiple LCs and I-140s and then cut the line when it is convenient.



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  • gimme_GC2006
    05-15 10:05 AM
    If we have all resources required to do MBA fulltime from a reputed school then there is no dilemea, one should opt for it. When resources are limited (need to work fulltime, has family with small kids, limited $$$ etc) then online is a better choice compared with part time. Students working for an Online MBA do develop good network and such degrees are being more and more accepted. Online course needs more descipline and dedication than the regular courses. The interaction between students and professor is more in a online course than in a part time course. You spend more time in research than in travel. Flexibility is another advantage.

    My client CIO did MBA from University of Pheonix in 2006 and he was hired as CIO in 2008. I am talking of a company with more than 5000 IT staff. So its my opinion that Online MBA is valued by the industry.

    http://rankings.ft.com/exportranking/online-mba-2009/pdf


    actually online MBA costs 2 times more than regular MBA in most cases..they dont have concept of instate/out-of-state tuition for online.yeah its online but still people can be within the state paying state taxes or whatever..

    they should consider this, I say :cool:





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  • jcgc
    02-21 03:18 PM
    Dont rely on tracitt. no one knows how many report there. It is not scientific or true. For right numbers, anlyse the DOS report for each year, if you hva more time.

    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    Well that is the only available source. The DOS reports will tell you how many numbers have been used up historically. But they don;t tell you what USCIS has on its plate still pending right now by PD. And as far as i know, is the best option.



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  • anurakt
    12-27 02:14 PM
    INFO PROVIDED FOR UK IS INCORRECT.

    Last year my wife (who is on H4) but with a valid US visa stamp on her passport was NOT allowed to board a Continental Airlines flight at Houston airport on her way to India. She was sent home even though she had valid US visa in passport as she did not have UK Transit visa.

    We tried pour level best to convince the ppl at the flight desk but they wouldnt let her check in because of transit visa issues. So please be very careful while transiting through London. We had to pay and reroute via Paris the next day.

    I hope when you say valid visa , you are talking about non-expired visa.
    I think you should sue continental airlines...here is the infor right from the UK consulate website

    Next time take a print out....and go to airport and argue...many a times these airlines people are confused and do not know the current regulations...

    http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagen ame%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage %26cid%3D1006977149962&purpose=Transit&nationality=India&location=United+States

    Info :
    Do I Need A UK Visa


    You asked if a national of India needs a visa to pass through the UK in transit.

    Yes, you need a Direct Airside Transit (DAT) visa, unless you qualify for exemption because you hold one of the following:

    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
    a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
    a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
    a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
    a valid common format Category D visa for entry to an EEA State;
    a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
    a diplomatic or service passport issued by the People�s Republic of China; or
    a diplomatic or official passport issued by India; or,
    a diplomatic or official passport issued by Vietnam.

    Notes:

    A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
    An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
    Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
    Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.

    Transiting to the Republic of Ireland
    Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.

    DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).

    All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.

    Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.

    Please read Guidance - Visitors for more information.

    Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.

    Please make your application to Chicago, Los Angeles, or New York.

    If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.





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  • SunnySurya
    07-28 11:39 AM
    Obviously, you are trying to incite religious feelings. What are getting at , take up arms and start hurting our neighbors.
    It is not the need of the hour, nor this forum is the place to express those needs.
    By the way, I also heard about the blast in Turkey, Iraq , a shoting in TN etc..
    If everyone start following your advice, soon instead of asking for a green card, we would need to ask for a ration card.

    I think this blog is stating fact. You did not hear 23 blasts in 24 hrs 50 killed. If not, then God Bless You. It is a need of hour for Hindus to wake up from there deep slumber.



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  • royus77
    07-09 04:45 PM
    I hope this lawsuit fails. Looking ahead this lawsuit, if it succeeds might do us more damage than good. Law of unintended consequences states that something can happen we haven't thought of.
    Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.


    what made you think so ?Do you think they are violating the law and allocating more than 7% to other countries?





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  • CADude
    02-20 06:32 PM
    If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)

    Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?



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  • morchu
    07-24 11:18 AM
    There is one guy I know of mentioned that his 485 package was returned after the July 2nd update.





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  • Googler
    05-20 09:53 PM
    I had scanned a copy of DHS 7001 and emailed to Ombudsman last Wednesday (special thanks to Googler for all his informative messages). Also, when I spoke to TSC IO three weeks ago, the IO mentioned that they will email the 485 team based on my case details....not sure what triggered an action to my case....but whatever it was....I'm glad it did!! :) Congratulations Harish! Btw, Googler is a her not a his. :)



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  • rajeev_74
    07-05 11:09 AM
    Hope this helps...
    Answer me this. God forbid but if you have a cancer and your brother has a malaria and you have just one doctor to treat. Would you ask doctor to treat you first since you have a bigger issue than your brother? No, right.
    Dude, we all are brothers in this mess and everyone deserves to be treated fairly. I agree that core should work to eliminate BEC problem as well as any other opportunity to get any other immediate relief but core has limited resources, very limited funding plus and core needs to work on areas which fixes maximum number of lives here.
    There are around 40000 people stuck in BEC and if 20% of those can join core and contribute, I'm sure that is enough number to allocate resources accordingly. But somehow people has got the wrong idea that IV is not for people stuck in BEC. I've seen similar posts in immigrationportal.com as well.

    Now if IV will work for people who were eligible to file in July or even for people who just filed on Jul 2nd, i'm sure people will come and say that IV is for July 2nd people only. But that is not the case. Any issues/bill/ammendment which can bring some immediate relief should be worked along with our core issues which is retrogression. Once you are out of BEC (I hope you do asap as several of my friends stuck there), I'm sure your main issue will be retrogression and not BEC even if there are other people stuck there.
    So lets not divide these communities any more, work together towards common cause that can bring some relief to our brother, sisters and ourselves. We all be benefitted if we all support each other.

    Hope you understand.
    Thanks





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  • Jaime
    09-12 01:24 AM
    You will have to wait for decades more, unless we all go to Washington and seize the change! Truth is on our side!!!! LET'S ALL GO!!!!! THIS IS THE TIME WE HAVE BEEN WAITING FOR SO LONG!!!



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  • akhilmahajan
    09-19 11:27 AM
    What ever stopped the people in MA/NY/NJ to board the buses stopped the people in DC/VA/MD to get on to the Metro train and come to the rally. Its not the distance, as it may seem to you and me, But Its the lack of will, lack of commitment.

    If people think about San Jose rally and think it was a huge success, people showed up in 2 days yada yada.., there is a diff reason. Does it even need to be mentioned?

    All that I can tell you guys is we did more than our best to get the locals to get to the rally. We can only call/email them or give flyers and let them notify. The final 6 days, our active members had stood out at every place they could and distributed flyers to 3000-3500 people. All the six weeks they have been doing spreading the word.

    I hope your message was just expressing disappointment by the turn out an was not actually questioning the commitment of the people who worked on this.

    No body please question the commitment.
    About the reason only GOD knows.

    Buses were arranged from MA to DC, Tri-state to DC.
    Buses were fully funded by IV. We just requested ppl to hop on and fight for their own cause.

    Ppl were given every single thing to their doorsteps. We made phone calls, ran email campaigns asking and requesting ppl to share thei questions/concerns. What we did, we did it to our best. Rest is up to the ppl how much badly a change they need.

    So, i hope ur post was to show ur disppointment with the ppl who did not show up, but not to challenge the commitments of any of the volunteers.

    GO IV GO





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  • ajay
    12-08 04:57 PM
    I also got a response with some number. I don't know how much of it is going to help us in knowing the situation.





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  • rpuja
    07-28 06:13 PM
    Please let me know how to close this thread?





    pcs
    11-13 09:08 AM
    Guys... little fruits are like ration in a big march. .... that is VISA recapture etc...

    Spill over,... Simimilar job etc are low hanging fruits..... we must try to pick them ....else we wont have the energy and momentum to go for a VERRRY LONG march ahead of US...

    Good leaders do not lead a tired and hungry force...

    I have already started sending letters to Napaleto at USCIS...

    Guys just send letters with a CUT PASTE of the rule....





    BlueSunD
    02-16 05:56 PM
    count me in too! :) Just started today, but i'll see if I post some wip screens.



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