abhijitp
07-25 05:14 PM
This is not new but only Lawyers and the employers who filed your GC knows what position and job duties on which they applied your GC.
Position and job duties on which they applied your GC = whatever they said in your PERM/ labor cert application. If they make a change to that during the I-140 or I-485 stage, that itself will lead to RFE, if not to rejection! Some of us may not have the copy of the labor cert/PERM approval, but if so, one should try to look for the form that you (hopefully) reviewed during the first stage. For PERM this is ETA form 9089.
Position and job duties on which they applied your GC = whatever they said in your PERM/ labor cert application. If they make a change to that during the I-140 or I-485 stage, that itself will lead to RFE, if not to rejection! Some of us may not have the copy of the labor cert/PERM approval, but if so, one should try to look for the form that you (hopefully) reviewed during the first stage. For PERM this is ETA form 9089.
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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....
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....
perm2gc
01-03 10:40 PM
I was trying to find out chinese portals, but no luck. I dont have any chinese friends who are stuck in this EB mess. Are we trying to get any chinese, philippino members?
yes.We want to increase our memberships from all communities.
yes.We want to increase our memberships from all communities.
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miami75
07-02 10:27 PM
Here is my contribution Google Order #920441777988850
more...
rajuram
11-14 09:33 AM
Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.
Can people in California approach Zoe Lofergens office with the idea?
On my part I will start sending letters and emails to the law makers.
Some one in the core has to take the lead and give some direction to this effort......
Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.
all I can say is that now most economists say that housing is key to rescuing the economy and faster immigration is key to faster recovery. this is the key point in the present scenario ..people will give scant respect if we try to use other issues -namely by saying that legal immigrants are suffering or US is losing high talent ..they will just say the whole US is suffering - why should we care about yr problems.
but if we push faster immigration of people who are already here legally as a small way to solve the housing crisis then it will definitely stand a chance -
(please note - no distinction between those who are renting and who have a house already - this makes most sense. this is helpful to those who have purchased a house - since getting gC faster means that they have additional peace of mind)
Can people in California approach Zoe Lofergens office with the idea?
On my part I will start sending letters and emails to the law makers.
Some one in the core has to take the lead and give some direction to this effort......
Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.
all I can say is that now most economists say that housing is key to rescuing the economy and faster immigration is key to faster recovery. this is the key point in the present scenario ..people will give scant respect if we try to use other issues -namely by saying that legal immigrants are suffering or US is losing high talent ..they will just say the whole US is suffering - why should we care about yr problems.
but if we push faster immigration of people who are already here legally as a small way to solve the housing crisis then it will definitely stand a chance -
(please note - no distinction between those who are renting and who have a house already - this makes most sense. this is helpful to those who have purchased a house - since getting gC faster means that they have additional peace of mind)
singhsa3
03-05 07:08 PM
Thank You Kutra and Pegaus03
I will keep folks posted on the direction this campaign is taking.
I will keep folks posted on the direction this campaign is taking.
more...
wandmaker
10-10 01:07 PM
Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?
If verified, you would end up in eating ham burger.
If verified, you would end up in eating ham burger.
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485Mbe4001
07-28 03:55 PM
true to each his/her own, we can decide if we want to read the thread or not
simple enough..in the same token..this could be a form of self expression too..
http://outlookindia.com/full.asp?fodname=20080728&fname=email&sid=1
http://outlookindia.com/full.asp?fodname=20080728&fname=ajai&sid=1
I am reading about 16th century stuff here in this thread.
Let us go back to 10,000 B.C or further back (ice age or if possible even before).
Was there any gods (known to us) then (any religion for that matter)?
Gods came in to existence with human civilization. Initially as an answer to all things that were 'unknown' to human beings and then later as a 'tool' to insist discipline (in their own understanding as to what discipline is) among human beings.
We talk about Iran, Iraq, afghanistan wars, bomb blasts in India, poverty in places like somalia and in all of these INCIDENTS millions of innocents died/die. What are/were the 'Gods' doing? Can They not stop this from happening?
They won't. Because these are started by human beings and unless we stop it won't stop. Now don't direct me to a book or a PDF. Answer me straight.
Human beings are the most cruel/selfish creatures on earth. We are animals - well worse than them - social animals. This thread does not make any sense.
We are talking about our 'beliefs' here and that is decided by so many factors. Million people will have million different beliefs.
simple enough..in the same token..this could be a form of self expression too..
http://outlookindia.com/full.asp?fodname=20080728&fname=email&sid=1
http://outlookindia.com/full.asp?fodname=20080728&fname=ajai&sid=1
I am reading about 16th century stuff here in this thread.
Let us go back to 10,000 B.C or further back (ice age or if possible even before).
Was there any gods (known to us) then (any religion for that matter)?
Gods came in to existence with human civilization. Initially as an answer to all things that were 'unknown' to human beings and then later as a 'tool' to insist discipline (in their own understanding as to what discipline is) among human beings.
We talk about Iran, Iraq, afghanistan wars, bomb blasts in India, poverty in places like somalia and in all of these INCIDENTS millions of innocents died/die. What are/were the 'Gods' doing? Can They not stop this from happening?
They won't. Because these are started by human beings and unless we stop it won't stop. Now don't direct me to a book or a PDF. Answer me straight.
Human beings are the most cruel/selfish creatures on earth. We are animals - well worse than them - social animals. This thread does not make any sense.
We are talking about our 'beliefs' here and that is decided by so many factors. Million people will have million different beliefs.
more...
uma_vishi
02-24 12:10 PM
i'm on L1B visa.I came to US on L1B in 2005 with one year petition and got extension
for 3 years. meanwhile i left to India in June 2007. And then i came back with new L1B petiotion in Oct 2007 which is valid till Sep-2010.Now my question is
1) Is my L1B stay reached to maximum or do i still have 2 years left with my new L1B.
2) If i apply for H1 this year how many years of stay i'll get with H1B.
Please help me with this madam as soon as possible.
Thanks in Advance.
for 3 years. meanwhile i left to India in June 2007. And then i came back with new L1B petiotion in Oct 2007 which is valid till Sep-2010.Now my question is
1) Is my L1B stay reached to maximum or do i still have 2 years left with my new L1B.
2) If i apply for H1 this year how many years of stay i'll get with H1B.
Please help me with this madam as soon as possible.
Thanks in Advance.
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alterego
07-13 09:28 AM
I don't agree. It will stay same or forward in small increments with new fiscal yr numbers available. I am saying so because EB2 I stayed for such long at 04/07 and everyone knows fewer LCs were filed/approved between 04 and 05.
Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most. A good number of those filers had earlier PDs.
The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.
Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most. A good number of those filers had earlier PDs.
The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.
more...
amsgc
07-19 12:06 AM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
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akilhere
10-21 02:43 PM
I replied to my RFE last Friday and the status changed to Reponse Review. I got a soft LUD yesterday. Nothing after that!
more...
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vin13
03-18 04:37 PM
If you are in need of air miles or would like to donate air miles, please PM me with your name and phone number.
I will not be able to coordinate if you do not provide me with your phone number.
I will not be able to coordinate if you do not provide me with your phone number.
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engineer
09-27 09:15 AM
http://www.mercopress.com/vernoticia.do?id=11377&formato=pdf
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ek_bechara
10-15 03:34 PM
Buddy did you even read what I said???
May be I misread. Too much going on here. The sad part is that the economically strong legal immigrant community is just so under-represented in this country.
No offense meant to senior folks here.
All the best people...
Peace out
May be I misread. Too much going on here. The sad part is that the economically strong legal immigrant community is just so under-represented in this country.
No offense meant to senior folks here.
All the best people...
Peace out
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isantem
02-23 09:44 PM
I will attend the Advocacy Day April 2,3,4 and maybe 5 but I can't promise the 5.
I am coming from Richmond, VA and I can pick-up 3 more people from the area. I can also do carpool in DC during the events (Hotel - Captol Hill or Airport Capitol Hill)
I am coming from Richmond, VA and I can pick-up 3 more people from the area. I can also do carpool in DC during the events (Hotel - Captol Hill or Airport Capitol Hill)
more...
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chmur
03-17 05:35 PM
The way I read it is ...People with PD's earlier than 2004-05 have been their long enough to understnd the pain and hence are active in all these forums , participate in such polls etc.
Others are happy with their EAD's and know anyway it's going to be a while and are in hibernation ...cannot blame them ...this GC following can get stressfull ....ignorance is bliss....suddenly the laws might change or something like July 07 might happen again ....
I think only those who got stuck in the Labor backlog (This could be huge #) and few other unlucky ones like me are the ones who are still waiting in India-EB3 Catergory pre 2004.
I know a bunch of India-EB3 pre 2004 got approved in the gold rush of July 2007
Others are happy with their EAD's and know anyway it's going to be a while and are in hibernation ...cannot blame them ...this GC following can get stressfull ....ignorance is bliss....suddenly the laws might change or something like July 07 might happen again ....
I think only those who got stuck in the Labor backlog (This could be huge #) and few other unlucky ones like me are the ones who are still waiting in India-EB3 Catergory pre 2004.
I know a bunch of India-EB3 pre 2004 got approved in the gold rush of July 2007
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feedfront
10-07 02:53 PM
My packet delivered to mailroom today morning at 9:07 by UPS. And just now at 2:48 got page and checked online status and its says they issued RFE again?
�On October 7, 2010, we mailed a notice requesting additional evidence or information in this case�
Not sure whether it�s their system glitch or it�s my luck... :confused:
Is it happen to anyone else or it�s me?
I hope it is just system/human glitch.
�On October 7, 2010, we mailed a notice requesting additional evidence or information in this case�
Not sure whether it�s their system glitch or it�s my luck... :confused:
Is it happen to anyone else or it�s me?
I hope it is just system/human glitch.
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nomi
12-13 11:03 AM
I know , More than 50% of IV members who can not file I 485 due to retrogression will be happy to pay this nominal amount of $10 to fax letter to USCIS for rule change
but What is the stand of Core group on this?
No update from any one!!
Please Core Team ,
Help us in this option and show us right way. We will generate $60,000 for IV and if nothing happen but we will make Headline in Media which will help us in future efforts in US Senate.
Please throw some light in this regard.
thx.
nomi
but What is the stand of Core group on this?
No update from any one!!
Please Core Team ,
Help us in this option and show us right way. We will generate $60,000 for IV and if nothing happen but we will make Headline in Media which will help us in future efforts in US Senate.
Please throw some light in this regard.
thx.
nomi
Saralayar
04-03 12:34 PM
Dude complete your profile first if you want to be taken seriously.
I would be hesitant to write to some anonymous email id.
For our accurate statistics, please fill all your details (Zuhail and others) with correct details (it won't affect you in anyways). For arriving at correct numbers for any Agendas, this is required. Then post your questions or start a thread in this forum.
I would be hesitant to write to some anonymous email id.
For our accurate statistics, please fill all your details (Zuhail and others) with correct details (it won't affect you in anyways). For arriving at correct numbers for any Agendas, this is required. Then post your questions or start a thread in this forum.
pappu
07-02 10:36 PM
We need to run a media drive from tomorrow with full speed so that we can communicate this absurd action by DOS and USCIS.
How can they give 18K greencards in one day? and 60K greencards in one month. Where was the lack of manpower and heavy workload excuses?
Why did they make the dates current in the first place when they knew they cannot handle so many applications? There are so many questions that need answers.
This system is broken and needs to be fixed. Let us communicate to all our friends who are affected with this tragedy today so that we can all unite and make efforts to have our voices heard.
IV release
http://immigrationvoice.blogspot.com/
How can they give 18K greencards in one day? and 60K greencards in one month. Where was the lack of manpower and heavy workload excuses?
Why did they make the dates current in the first place when they knew they cannot handle so many applications? There are so many questions that need answers.
This system is broken and needs to be fixed. Let us communicate to all our friends who are affected with this tragedy today so that we can all unite and make efforts to have our voices heard.
IV release
http://immigrationvoice.blogspot.com/
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