Saturday, July 2, 2011

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  • bostonian28
    06-01 09:00 PM
    Somehow we need to include citizenship in the mix, i.e. citizenship for some one who contributed Social security and medicare for 10 years, only than would politicians be interested because these numbers could potential convert into votes. That is what politicians all over the world care about.

    Basically message is, this is a reasonably big chunk of your vote bank, you can support them and gain their loyalty.





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  • hopefulgc
    02-16 01:00 PM
    Any word on the following two issues i posted:

    ----1----I think there is definitely someone else here better than me at leading this issue & getting people together. So if the moderators can allow members willing to step forward and help out with this, to have edit permissions on this thread, that would be help



    ----2---Can the moderators please modify the poll to be the following or add another poll to this thread. I don't seem to have the requisite permissions.

    Q) Do you commit to participate in a class action lawsuit against USCIS
    Options:
    1) I am willing to commit $10-$20 needed for the initial consultation ($600-$1000)
    2) Yes. I am willing to commit $500
    3) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
    4) Yes. I'm willing to commit $500 and become a plaintiff as well
    5) No. I don't think it will work





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  • ramus
    07-04 10:57 AM
    I noticed that too but I thought may be they just putting rough nuumber and not exact..
    But you are right there were 3,185 highest ever..


    The following from IV's press release is incorrect. The max # is 3,185

    The group's website has reported a record hit of 2,500 concurrent users since this morning.





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  • alisa
    02-13 08:05 AM
    This is great!!!

    All my Indian friends who were fighting with me over the (1 or 2) unused EB-2 visas from ROW, well, you can have them my friends. I ain't getting any of them anyway.



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  • thomachan72
    09-24 04:17 PM
    EB-I will be in mid or late 2006 by Sep 2009.

    You meant Sep 2010, right? we are already about to cross into October 2009





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  • Googler
    02-15 10:28 PM
    My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.

    If you really want to have this change, it is the US congress that you can deal with.

    As I've said, I work for a law firm.

    Why don't ask your immigration lawyer first regarding the "class action" you are talking about.

    (1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.

    (2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).

    The parallels between the those cases and the one being proposed are very strong.

    Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.

    (3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
    The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.

    (4) First Steps
    What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.

    Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)

    As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.

    OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.


    **: Yes, I've sent off my letters too. I think of these two things as complementary projects.



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  • vdesi
    01-05 02:05 PM
    According to this all H1B's who want to buy a house ? can invest $40,000 should be given a GC out of turn.... Wow!
    What about people waiting in line patiently for five plus years, (labor, I140 and I485)?
    The line for those waiting patiently will not decrease, only people on bench for months willing to get GC at any cost will benefit.





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  • hiralal
    05-02 07:10 AM
    well that is because Israel is a developed (or better ) than India in many ways. one Indian politician had once told Pakistan ..we don't fight when people are killed ..we fight when our land is in danger ..apparently because there is no shortage of people.
    I have some sympathy for tamils in SL but not the LTTE ..one of my tamil friends had told me that tamils are treated as second class in SL ..that being said ..the demand of LTTE for a separate state or country (or greater Eelam) is totally unjustified ...
    once such a thing happens in SL ..it will then happen in India
    but I agree ..civilians should not be targetted ..(as said in the next post) ..if they are bombing hospitals then it is very bad. as for India's reaction .. THIS IS WHAT YOU GET WHEN U ELECT WEAK PRIME MINISTERS



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  • sameer2730
    01-19 11:33 AM
    Just because no one can trace you on an anonymous forum please do not say anything that comes to your mind. These are hard times. Please chip in with genuine solutions else keep to yourself.
    This constant battering of consulting companies is not doing any good. Yes they exist and have existed legally for a while. Do not take advantage of this memo to vent out your own frustrations. It puts us all at risk and hurts the entire image of people working on H1b especially Indians.
    Most of us here are very educated (usually a Masters). Lets respect that fact and contribute to meaningful resolution. I suspect a number of anti-immigrant Indians(who are permanant residents or citizens) are on this forum (you can tell from the number of posts they made and the reds they have received). They are only trying to provoke us. Do not take the bait. Please please ignore them.





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  • hiralal
    07-27 06:31 AM
    I personally think it is the worst thing that a person can do - I have done some research on the money that you can make on such pyramid businesses and it is pitiful ..maybe a beggar makes more. it comes to around 2 -3 percent cash and when you add the time you lose standing in walmarts, temples etc, the loss of your time, loss of friends, loss of time towards your kids and you can make out that it is a BIG WASTE. in the end it is a pyramid and ponzi scheme ...those who join late will always be the LOSER's. you can make more money by working part-time even in some super mart's.



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  • NKR
    02-15 06:32 PM
    You are not saying there are more chinese and indians here, so that means what? that there are not more chinese and indians here?
    As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
    If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.

    I understand your anxiety as much as you feel our pain, if there is a system that can make things faster for all of us in any way then be it.

    Oh btw, I was shopping for life insurance. I was told that since I am not a permanent resident and if i do not want to pay higher premium then i need to go for a 10 term insurance and get a new one for 30 years after I get my GC. if i become old waiting for GC then I will end
    up paying higher premium anyway. that is just one of the many hardships we have to endure, by then, why should you care anyway?, what is in it for you?.

    Please note that i am not in favor of removing country cap, but i just want things to move faster without affecting people from ROW





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  • srkamath
    07-25 09:46 PM
    It is really simple.....

    Vertical Spillover

    EB2 (IN) ~ 12000 / year
    EB3 (IN) ~ 18000 / year

    Horizontal Spillover

    EB2 (IN) > 18000 / year
    EB3 (IN) < 12000 / year

    On another note.

    There is possibly an ongoing effort by some powerful people to compel "attrition by frustration" among all prospective immigrants. This Xenophobic philosophy will last till Jan2009, it will then subside.

    It is just like high oil prices - make hay while........

    Have faith in America, history shows it rights itself sooner rather than later.



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  • unitednations
    02-13 03:03 PM
    I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.

    Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.

    As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".

    At the end, first-come first served should prevails.


    The 7% is a maximum.

    They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.





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  • lazycis
    02-13 10:34 AM
    Lazycis, Some year back Rajiv did file class action lawsuit. It costed him 1/4 millions + dollars of efforts.

    1/4 of a million is not millions. That's why I am suggesting to consult Rajiv first and make a decision based on his feedback. I think we all agree that initial consultation won't break the bank. I based my estimates on EAJA awards. We need to be aware though that we won't be able to recoup the cost of class action because it usually ends up with settlement.



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  • ramus
    06-28 09:03 PM
    totally agree with you.. But just feel bad that we follow all rules and somebody comes and just try to screw us..

    You are right.. there are tons of things important in life then this GC.



    Its not about $500.
    USCIS and the US government can ask for more money. And we will happily give it to them.

    Its about the stability that filing for AOS offers.

    But keep in mind, you weren't able to file for AOS in June.
    So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.


    So it would be best for us to stop torturing our brains.

    There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.





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  • dilipcr
    06-16 01:50 PM
    Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.

    Retrogression is a scar on the face of EB immigration.

    Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"

    Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.



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  • eb3_nepa
    07-04 12:23 AM
    http://digg.com/politics/USCIS_Visa_scandal 49 DIGS

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who - 72 DIGS


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  • desi3933
    06-15 12:40 PM
    I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)

    Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.

    So definitely luck pays its role.

    I agree that luck plays a major role.

    Just last year, there were many GC approvals for PD of 2006. For them, start-to-end GC process was just 2 years. Now someone with EB2 2006, the scenario does not look that promising.


    ______________________
    US citizen of Indian origin





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  • gcformeornot
    01-13 08:55 PM
    Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.

    Now they go back and say that was a misinterpretation of existing laws :eek:
    don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o





    Rb_newsletter
    08-15 03:30 PM
    Why are you guys talking about human trafficking? In this case SRK was not detained for that. He was detained only for his name match.

    This is an atrocity of one particular officer. TOI article posted by OP says "There were other immigration officers who even vouched for me but this particular officer did not listen to anyone". You have to notice the gap here. SRK was detained for identity check because of his last name. When other officers vouch why he was still detained.

    Thing we should be worried about is, if SRK - who has MPs and other big shots behind him to prove him - needs 2 hours to prove his identity, think about commoners like us. We may get lost without help.





    la6470
    01-17 12:31 AM
    Please read this article.

    The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)

    I feel IV can join hands with AILA on this to help us in this situation.

    Any new renewals or new H1 filings are bound to be denied unless its a direct employer vs employee relationship. Third party placement indications are bound to be targeted for denial!

    We are literaly doomed. Given the slugglishness of the GC process this is bound to cripple us down.

    I am feeling sad for those H1B guys who were deported out of Newark thanks to these crooked laws. The laws may be right in their perspective, but they do not understand the havoc it would have created in the lives of those who felt the impact.

    I wish and pray for the good of all and those GC/H1B aspirants during these troubled times now and up ahead.

    Thanks for the post. I have also expressed my opinion in Mr Mehta's blog who was courageous enough to spell out in clear terms the discriminatory practices of USCIS. We should in no uncertain terms, pull down the mask that USCIS is wearing while practicing pure discrimination and segregation - that is completely alien to the American constitution and society.



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