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Friday, July 1, 2011

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  • Macaca
    07-03 09:39 PM
    sorry :D

    this one time pls allow us to post contribution thread here..
    Post contribution thread without hesitation and without apologies!





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  • bobby
    07-04 12:51 PM
    My suggestions:
    "Door slams shut for highly skilled LEGAL immigrants in the US"
    "US closes the door for highly skilled LEGAL immigrants"
    "US isolates highly skilled legal immigrants"
    "Broken Legal immigration system harmful to US competitiveness"
    "Legal Immigration system in shambles"

    I had started working on a letter myself but will wait for yours....here's my initial scribbles fyi....

    Law abiding skilled legal immigrants persecuted by government misstep

    On 7/2/07 the door was slammed shut for many skilled legal immigrants without notice while only 2 weeks earlier these same legal immigrants had been notified that the final stage of their immigration i.e.: green card processing, could begin. This occurred not because these legal immigrants had not followed the rules but rather due to scandalous government actions. These actions have caused outrage & devastation amongst skilled legal immigrants and immigration attorneys alike who question the government�s credibility and the government�s disregard for precedent and the law. The results may be costly litigation and a class action lawsuit by the governing body, the American Immigration Lawyers Association against the government.

    Much focus has been placed on illegal immigrants in this country. Yet, the broken immigration system holds ominous consequences for skilled legal immigrants which the US needs to remain competitive and at the forefront of technological and medical development. The obsolete immigration laws do not address this need and government missteps further contribute to the persecution of law abiding skilled legal immigrants who wait patiently in line and live with severe restrictions for many years while their immigration cases are processed.

    ....I was going to continue with information on the visa bulleting and IV etc.....





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  • walking_dude
    02-13 02:11 PM
    Most of these settlement suits were fought by organizations like American Baptist Churches, Catholic Church Services, AILF etc. Meaning, organizations which have a strong steady stream of revenue (unconnected to the lawsuit). Participants didn't have to pay any money out of pocket. And the organizations didn't have to raise money for the lawsuit.

    IVs case will be different

    1) Significant amount of funds will need to be raised. It will hamper other IV activities such as legislative and executive lobbying as contributions will get diverted. It will be hard to raise another 30k to lobby for adding IV provisions to any upcoming bill, if we are already in the middle of a 50k lawsuit.

    2) We need to have a large number of plaintiffs ready to put their names on court papers. These plaintiffs also need to pay money for their participation.


    Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:

    USCIS Settlement Notices and Agreements

    American Baptist Churches v. Thornburgh (ABC) Settlement Agreement

    Barahona-Gomez v Ashcroft

    CSS

    LULAC (Newman)

    Ngwanyia v Gonzalez (Asylee Adjustment Case)

    Notice of Proposed Settlement Agreement and Hearing in Kaplan, Et Al. v. Chertoff, Et Al., Civil Action No. 06-5304 in U.S. District Court for the Eastern District of Pennsylvania

    Notice to Persons Whose Naturalization Applications Were Denied by the Seattle, Spokane or Yakima Immigration Service

    Proyecto San Pablo v INS

    Ramos v Chertoff (02 C 8266, Northern District, Illinois)

    Walters v Reno


    Settlement Agreement Signed! Details available by clicking here. --2/9/05
    IMPLEMENTATION OF NGWANYIA (ASYLEE ADJUSTMENT CASE) SETTLEMENT AGREEMENT Ngwanyia v. Gonzales, No. 02-502 (RHK) (D. Minn).
    If you were granted asylum in the United States and have a pending application for adjustment of status, this settlement applies to you. Please refer to http://www.uscis.gov/files/article/NgwanyiaVGonzales.PDF In recent years immigration law had allowed only 10, 000 asylees per year to adjust their status to Lawful Permanent Residents. Under the settlement agreement, United States Citizenship and Immigration Services (USCIS) will process an additional 31,000 asylee adjustments during the next three years. During fiscal year 2005, ending September 30, 2005, USCIS will process 8,000 of the additional 31,000, bringing the total number adjusted for the year to 18,000. USCIS will process at least 8,000 of the 31,000 during fiscal year 2006, (October 1, 2005 to September 30, 2006) with the remaining additional applications being processed in fiscal year 2007 (October 1, 2006 to September 30, 2007). The settlement also provides that asylees who have a pending application for adjustment of status may renew their employment authorization document (EAD) by requesting a multi-year EAD with a validity of up to five years. The multi-year EAD must be prepaid for the number of years requested. The cost of the multi-year EAD will be less than the cost of annual renewals by at least $20 per year. A requests for a fee waiver, if applicable, may be made pursuant to 8 C.F.R. � 103.7(c) Cost of multi-year EAD: 1 year card - $175.00 2 year card - $330.00 3 year card - $485.00





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  • brij523
    02-13 09:12 AM
    Lazycis, Some year back Rajiv did file class action lawsuit. It costed him 1/4 millions + dollars of efforts.



    I think the good start is to consult with Rajiv Khanna. He has an experience in class-actions/federal litigation and will tell whether it is feasible to go this way. It will cost $600 (approximately). To file a class-action complaint will cost around $10k. The rest depends on the lenght of the proceedings, but my estimate is another 20-30k. Peanuts comparing to lobbying :) IV may not want to go this way, as Mark Bartosik once explained, it may hurt its other efforts. If that's the case, potential plaintiffs can work with lawyers directly.



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  • Rohan99
    07-22 12:46 PM
    I had green dots till yesterday, but after posting fun stuff on this thread people gave me red dots..... why is that? This tread has zero value, it is like Santa singh jokes.

    Looks like people are so serious in their life that they cannot understand difference between fun and real stuff...

    This thread was for fun so I posted funny things....pls don't give me red for this




    Iam sorry, by OP I meant the original poster of the thread (The person who wrote the first post) not yourself. Your post is perfectly ok like all and its a fun thread. You are a nice guy :). My bad in quoting your post and causing the confusion.





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  • Marphad
    03-27 12:05 PM
    Hey this is not fair! Someone updated poll options.

    Anyways, not a problem. Just teach me how to do it please.

    Waiting for reply to learn this.

    Ek Student Gyan ki bhiksha maang raha hai bachcha.



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  • gondalguru
    07-17 01:45 PM
    Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

    But I wish EB2 becomes current in the near future. Correct me if i am wrong.

    I think spill over will happen every quarter and EB2 I/C dates will move forward every month / two months.


    http://travel.state.gov/visa/frvi/bu...etin_4252.html
    See under section E.

    E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)





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  • eb2waiter
    05-09 05:17 PM
    what I meant was... you can reevaluate your situation from India.
    Since there is nothing there in Canada anyway.

    This is from personal experience. I went through the canadian PR also and now have lost it. I have some friends in Canada and India who had to move because of failure to file for GC before 6yr H1. My view of Canada and other feedback is

    It is not a first world country as they want you to believe.
    The cost of living is very high though the salary is very low.
    Cost of goods is almost the same or most of the time higher than in US.
    Medical is by state (where applicable) but doctors are not good and the wait time is large.
    Taxes are very very high.
    I can go on and onnnn...

    My advice which will save you almost 3k-6k is dont do it if you are waiting for GC. Else you can do it at a short notice. The other options are, if you dont like 5year wait time from India, is to come back in H1 to the US and again reapply. At least this way you know how your GC turned out.

    ---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---



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  • pitha
    09-24 12:10 PM
    If USCIS and DOS were thinking logically what you said would have made sense but time and again they have proved that they act as if they are the masters of there own universe. Example South Korea had about 7000+ Eb2 visas but they are not considered retrogressed country (but that is a side matter, my point is they have there own weird logic and they dont care to disclose the logic behind there decisions.) For eb2 india forward movement to happen spillover of Visas from Eb1->eb2 row->eb2 India should happen every quarter. USCIS and DOS have given no indication what so ever that the spillover would happen every quarter, without spillover we have to wait till august\spetember 2010 for spillover. All you can do is just hope for the best. I am not sure why DOS would not disclose if spillover happens every quarter or not. With this data from USCIS they know the demand for the visas to do spillover every quarter.


    I believe that to maintain a steady 485 EB2-I queue the dates should advance fairly fast till maybe the end of 2007 much sooner than September. Following are the reasons, 6 months back probably there were less pre-adjudicated applications so the focus was reviewing and completing these cases, now most of the applications are pre-adjudicated and the route for steady approvals looks clear like what has happened in Sep 2009 for 2004 cases. There will be a time if the spillover happens as many have predicted then most of the cases will get approved and the pre-adjudicated applications will be less or even dry out, so in the letter and spirit I feel that the 485 pipeline should be equally populated at all steps, considering that the 485 approval process is long and has several steps. This year represents great hope for people who missed Jul 07; I guess its time for the next batch to get EAD/AP, I hope Iam not being over optimistic. Feedback and comments welcome for all.





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  • BharatPremi
    12-13 04:50 PM
    It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".


    Good point. But point what we are discussing is whether the rules (per country based) made to process GC can be challenged in US Courts within its constitutional limits? If tomorrow US decides to shut down EB/FB we do not have problem. Certainly it has that right. But when US wishes to have those immigrants than do we (applicants - non -immigrants) have a right to challenge particular rule (here per country based limit) in Court?



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  • dreamworld
    05-02 09:49 PM
    Newtoearth who are you.

    why the independent news-reporters are not allowed to the places where the "hostage" "Rescue operation" are held by srilanka govt? SL Govt can not hide the truth. World knows now. So Stop saying it again and again. Try to get down to the earth.

    Do you know the core issue that created SL.Tamil issues? Read the history. Srilanka.Govt want to limit the SriLakan Minority rights and privileges. right? It might be different if the SL.Govt showed any change at policy level and get more SL.tamil civilians support before it started the "rescue operation".





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  • Vishal2007
    05-02 12:46 AM
    read Indian history, you know how Gandhiji is self-fish.



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  • MYGC2008
    09-23 05:50 PM
    By Looking into Data provided, INDIA EB2 should get more Visa this year.

    Look at the Data for EB2 CHINA
    for 2004 it is 123 and for 2005 it is 4100.

    If the Cutoff Dates does not move for China/India ,How they going to use spillover visas?
    This is really interesting
    Since EB1 is Current and Rest all Eb2(except CHINA/INDIA) are current. This time there will be huge spillover.





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  • ganguteli
    06-02 04:05 PM
    It very well depends on the lawyer .

    If he could prove country quota as unconstitutional, which i feel it is.

    But yes IV should talk to a good constitutional lawyer(not immigration), and find the odds,

    And as you said, even if we do not win , we would for sure get some media coverage.

    Why can't you find and talk to a good lawyer and spend your own money on consultation. We will know you are serious about it.



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  • vdlrao
    07-25 07:01 PM
    I still believe in EB2 will try to catch up current by next October.





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  • voldemar
    03-27 10:22 AM
    My Q' was, if it becomes effective on 27th April, will USCIS reject all pending cases ?It depends on wording in final memo. Nobody knows what is there. The only text we know is that was published for comments. There could be changes after comments period. Without changes all pending sub cases (without approved I-140) will be denied.
    Edit: It seems that Murthy doesn't agree with me :). Let's see.



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  • Subst_labor
    03-17 11:07 PM
    Please do not use offensive language. Despite our disagreements we must be mature in our language. I request you to please edit your post. Moderators please delete any offensive posts on the thread since this issue will ruffle some feathers of people who are buying labor substitution. Nobody will own on the forum, because they know majority will oppose them.
    There was one more person beciskillingme and he used to preach morality on this forum and how people need to be respectful and polite. I caught him redhanded in one his posts about labor substitution and he ran away from the forum. Now he is preaching somewhere else. I will highlight this issue more and more for awareness because it is hurting all of us. It is also encouraging exploitation by employers and this cancer needs to be stopped asap.

    well if you feel offended, i am ready to offer my apologies. are you ready to take back your baseless accusations-that got me started up in the first place.





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  • gc_kaavaali
    01-22 02:01 PM
    I pity people who have coming to USA is foremost objective. In my case, i came to USA 7 years ago. Atleast i earned few bucks. But people who are dreaming about USA and taking education loans with the intention to payoff once they land in USA. It also includes people coming here on F1 with intention to work here. I feel really sorry!!!





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  • chanduv23
    07-07 10:25 AM
    My question is same as saileshdude. What is the trend USCIS follows when previous employer withdraws the 140 petition 180 days after applying AOS?

    (1) Does AC21 letter really go into your file?
    (2) What is the trend that is usualy followed ? RFE? or NOID or Straight denial? - I have seen some posts on forums where USCIS sends denials when previous employer withdraws the 140 petition.

    Thanks in advance





    ronhira
    01-13 12:15 PM
    why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week..... :rolleyes:



    Good Things about IV
    1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
    2. All their work is done in the donor forum and behind the scenes by volunteers
    3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
    4. All the work is done by IV members themselves because they are helping themselves
    5. IV members are investing time and money to do work which impacts a large number of immigrants
    6. That is a professional way to do stuff and i admire the way work is done at IV

    Concerns of IV
    1. IV always states about the lack of will of people to do something for themselves
    2. IV always states that people just comment on forum but do not step forward to do stuff
    3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

    What IV is doing wrong
    1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
    2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
    3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
    4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
    5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

    How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

    Synopsis
    How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    On a funny flip side ...............................
    How will this be treated by the current members
    Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

    By the way guys i am a She not a He

    Adieu/Ciao





    sidbee
    02-13 07:46 PM
    I am with you guys.Read my old posts, i have been thinking on this from day one.



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