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  • hara_patta_for_rico
    07-10 08:12 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.


    Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....





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  • malaGCPahije
    12-10 03:57 PM
    Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.

    every 4'th person on this earth is a chinese. The obvious conclusion given the 2 facts (6'th person as Indian and 4'th as Chinese) is that every 4'th person on this earth is a chinese, every 6'th person an Indian and every 12'th person is an Indian Chinese :-).

    I know, bad joke...The only thing we can do is support IV, and I mean financially more so than anything else.





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  • Libra
    09-26 12:10 PM
    No, dont worry about it, it's proved that together we can do anything. so please unite and work for our cause.

    She changed the article, but shouldn't we ask her to apologize for misinforming people???





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  • PresidentO
    03-10 01:31 PM
    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.

    Let me guess. You are brother/sister of Ron Hira who is in bed with programmers guild and who wants to shut the golden door as soon as he is done. Ron and ilk would never say that they/their parent's stole an American job. They are all genuine and we are all fraud. If you can stay permanently, We can too. Cut the crap! Kid

    You showed your two big foot in your mouth by saying that immigration policy has nothing to do with this and this is purely supply/demand. Whom are you trying to kid? Supply and demand changed because the immigration policy changed. H1B visas were increased from 65K to 195K, without a increase in the GC numbers. Folks on the hill made businesses happy by increasing the H1B numbers and did not care a rat's ass about how the increase will choke the GC system. The effect is compounded with 245i and USCIS inefficiency. But the root cause is policy that did not encompass all aspects of Employment based immigration.

    You moron! People just did not come here night over night flying on their wings. It is the policy stupid that created the supply/demand problem. You don't need to lurk and then lash out by taking a conversation out of context. The guy who quoted the 2A was just quoting the retrogression times in EB and FB and was pointing out the absurdity. Of all the people, you thought EB folks dont care about family and unification issues. Yeah right! What else you gotta spit?



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  • 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....





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  • ita
    09-10 11:09 AM
    I'm not able to figure out how to post a mssg in chat..is it 'coz I'm restricted or something? At the bottom of the page I see my name as logged in members though..I've over 150 posts and 4 dots..not enough for access to chat or is it that I'm not able to figure out how to post mssgs? Appreciate it if someone can explain it to me.

    Thank you.



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  • zuhail
    03-10 03:58 PM
    I never supported the Idea of sending pizza, Burger or Briyani to anyone. If you are not aware, last year there was a bill introduced by congresswoman Loe. There was a huge outcry and number USA used that very effectively and that bill never took off.

    This is the best option but this is not the right time when the un employment rate is 8.1 percent. Read the other thread about removing country cap issue. The core is not supporting that also because of the current market and economy situation.

    All our applications are based on our Employment-- We are already employed and filed our petitions for legal permanent residency. How on earth would that affect the un-employment rate? We would continue to work in jobs in US until our I-485 gets approved. Just because delaying our approvals does not increase/decrease the un-employment rate. I am fully aware of the legislations introduced by the Congresswoman Zoe Lofgren. There were too many legislative bills in her agenda.

    We would succeed if we just focus a single item-- Visa Recapturing and NO other business.

    By the way Mr.snathan, are you an administrative member of the IV team?.





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  • gcbeku
    08-10 03:35 PM
    I think this is a brilliant idea and might even fly esp because it still preserves USCIS/DOS EB caste system while providin some relief to the EB3s.

    While porting is still an option, it is in EB3 filers' interest to push forward on this idea.



    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



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  • RaviG
    07-05 01:56 PM
    Why don't IV put a sticker next to paid member Id? That might inspire people.





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  • PHANI_TAVVALA
    05-12 03:33 PM
    While I wait for GC and chewed up all finger nails, I thought its good time to think about adding a qualification to myself.

    I do not want to spend rest of my life in development. :cool:

    I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)

    My criteria was,
    1) Institutions that require GMAT
    2) AACSB Accredited
    3) Has some sensible ranking in USNews or Financial Times or Business Week
    4) Can be done without leaving current job (occasional visit to universities are fine with me)

    Here are the universities I came up
    1) Warrington College of Business, Florida (USNEWS ranking)
    2) WP Carey, Arizona State University (USNEWS ranking)
    3) Kelley Direct, Indiana University (highly regarded)
    4) Penn State World Campus MBA

    And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)

    Now, can any one suggest or comment or refer to any other college?

    Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)

    I am doing Kelley Direct and would definitely recommend it. The Professors are great and course work feels like your regular full-time load with assignments, quizzes, mid-terms and finals, project works, case discussions and some weekly classes. Most of the professors are very interactive and you can always call them. The teaching faculty is top-quality with some of them having Ph.d's from MIT's and Stanford's. Marketing is considered top-notch at Kelley. Curriculum allows some flexibility and course load can be completed in 2 to 4 year period requiring 1week compulsory on-campus presence in 1st and 2nd year. If you have time, you can also participate in 3 to 4 week clinics for 1.5 credit hours in summers. It is now costing me around $975/credit hour with 48 credits required to graduate. Add to this cost of books at other administration/technology fee which might add upto $5k to $8k.

    I have couple of friends who graduated from Thunderbird too. It is top-notch for International Business but doesnot allow the flexibility to complete at your own pace. My friends were totally tied up with work and course-load for 2 years. It requires somewhere between 51 to 54 credit hours to graduate. It has two compulsory International workshop clinics each in 1st and 2nd year for a period of 3 to 4 weeks. This is partly paid from the fee, while you need to pay for flight tickets and meals. I think the books are included in the $57k+ tuition for this program.

    Kelley full-time is ranked between 18 and 23 depending on which source you would like to use. Its Marketing Discipline is in top10. Thunderbird is not ranked in TOP50 but it's INTERNATIONAL BUSINESS discipline is ranked number one.



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  • downthedrain
    02-03 10:31 AM
    Thanks desi3933, couple more questions...

    do I have to submit only the job offer letter?
    Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permamenet for the same salary as in I140?
    Do I have to send the W2 from last year?
    Do I have to send 2 paystubs from this year?





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  • lazycis
    12-21 06:14 PM
    This is from Murthy chat.

    Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?

    Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.

    :mad::mad::mad::mad::mad::mad::mad::mad:

    If you did not work because your H1-B petitioning employer did not provide a work for you, that's not your fault. Employer should be penalized for it, not you.

    Also, read 8 USC 1255(k)
    (k) Inapplicability of certain provisions for certain employment-based immigrants
    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if�
    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien�s admission.



    Translation: if you did not violate status after your last entry before filing I-485, you are good to go. Have a happy holidays! :D



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  • abc
    12-13 03:36 PM
    I am planning to forget GC and move on with new company.

    For new company to file EB2 based on BS + 6 years experience. What kind of experience letter we will need from old company.

    AS you know desi companies dont give experience letters, how do people manage to show old experiences and file for EB2 in new company ?





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  • srkamath
    07-12 10:31 PM
    Use of "01" instead of "10" has been common mistake by USCIS. I came across couple of such cases. This is typo error and they will fix it.

    i guess i read too much into it........



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  • yetanotherguyinline
    05-14 12:39 AM
    Unfortunately one needs to have a GC or be a USC in order to be eliglible for FAFSA or any federal financial aid.


    I am in part time MBA program in UCB and many of my classmates with EAD/AP are getting FAFSA benefits. I am also applying for it next year...





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  • kopguy
    10-20 03:15 PM
    Obama is leading in polls over Maccain by almost ten points. Unless Obama makes some stupid mistake his lead will only increase. We got to come up with a strategy assuming Obama becomes president.



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  • vagish
    04-04 11:21 AM
    I don't think this bill would be of any consequence to the goal of IV unless they can maybe attach some GC-relief provisions to it.

    In reality this bill will never ever make it to the full Senate floor. Corporate America will ensure that it dies the same kind of death as all the immigration related bills from last year.

    I think it is true coporate america will not allow it to go through, but it is also true that any bill faverable to the H1B and or GC will also have the same death
    as this one , do not underestimate the anti - immigration and unions clout
    on democrats, if corporate america wants H1B increase it will come at a price,
    more no free rides for corporate america as well.

    that is the reason why we see stalemate for any kind of immigration bill, neither side is able to push anything.

    thanks





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  • ArunAntonio
    04-23 12:17 AM
    I was the first person in the QnA - disappointed at the intent of this meeting - they really care about illegal immigration - not once legal immigrants were discussed. It was a farce and IV was just used as an organization to show support to him - very disappointed.:mad:


    gautamagg,
    I was at the meeting and I was really taken aback by your question, it was totally out of context, I think I understand your position which is 'You wanted GC - you are not getting it - you decide to go back - but before that you decide to attend school - but cant get F1 coz you extablizhed Intent to Immigrate' -- This is a unique situation... atleast not something the larger IV community is affected by, but the accusing tone of your question to the Rep. was uncalled for .. I dont even know what you expected out of this meeting for your situation .. just try to get some perspective and place things incontext.. and again numbers matter.. if there were thousands of ppl in your situation your problem would have been addressed... anyways.. I beg to differ on your opinion about it being a farce.. There is effort being put to address the issues and IV has to maintain presence and make sure our issues are out there and are being noticed and not forgotten.. and thats what precisely happened yesterday.. IV members who are affected by Retrogression made their presence felt, the Core members were present on the dias rubbing shoulders with Congressman Gutierrez and representing the retrogressed community.
    Your issue.. my friend .. unfortunately is not on the mandate of IV or the congressman..no doubt you were disappointed.. but good luck with you efforts and struggle.





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  • ssingh92
    02-18 08:17 PM
    I dont think it will be passed. They included so many things initially. After discussion they will drop the thing one after another.

    There are two sections related to us.
    TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
    TITLE VII--EMPLOYMENT-BASED IMMIGRATION

    If this bill passed then it will create one grand huge backlog for all countries and for all category of immigration. WHY?? Because for Title V they will ask for proof and then again finger printing for FBI check and I dont know home many paper work. If they simply increase the GC #s it will work for us. We already have completed the paper work and standing in Q.





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    08-15 03:57 PM
    All
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    Areas
    Except
    Those
    Listed
    CHINA-
    mainland born INDIA MEXICO PHILIP-PINES
    Employ-ment
    -Based

    1st 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    2nd 01JAN07 01JAN06 01APR04 01JAN07 01JAN07
    3rd 01AUG02 U U U 01AUG02
    Other
    Workers U U U U U
    4th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    Certain Religious Workers 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    5th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    Targeted Employ-ment Areas/
    Regional Centers 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07





    qesehmk
    02-08 08:24 PM
    Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.

    I am tempted to think the same way ... although I am not sure.

    By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.